IRS Pub 17

Artículo financially disabled. financially disabled

Texto Legal

id="en_US_2025_publink1000170701"> Financially disabled. The time periods for claiming a refund are suspended for the period in which you are financially disabled. For a joint income tax return, only one spouse has to be financially disabled for the time period to be suspended. You are financially disabled if you are unable to manage your financial affairs because of a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. However, you aren’t treated as financially disabled during any period your spouse or any other person is authorized to act on your behalf in financial matters. To claim that you are financially disabled, you must send in the following written statements with your claim for refund. A statement from your qualified physician that includes: The name and a description of your physical or mental impairment; The physician’s medical opinion that the impairment prevented you from managing your financial affairs; The physician’s medical opinion that the impairment was or can be expected to result in death, or that its duration has lasted, or can be expected to last, at least 12 months; The specific time period (to the best of the physician’s knowledge); and The following certification signed by the physician: “I hereby certify that, to the best of my knowledge and belief, the above representations are true, correct, and complete.” A statement made by the person signing the claim for credit or refund that no person, including your spouse, was authorized to act on your behalf in financial matters during the period of disability (or the exact dates that a person was authorized to act for you). Exceptions for special types of refunds. If you file a claim for one of the items in the following list, the dates and limits discussed earlier may not apply. These items, and where to get more information, are as follows. Bad debt. See Pub. 550. Worthless security. See Pub. 550. Foreign tax paid or accrued. See Pub. 514. Net operating loss carryback. See Form 172 and the Instructions for Form 172. Carryback of certain business tax credits. See Form 3800. Claim based on an agreement with the IRS extending the period for assessment of tax. Processing claims for refund. Claims are usually processed 8–12 weeks after they are filed. Your claim may be accepted as filed, disallowed, or subject to examination. If a claim is examined, the procedures are the same as in the examination of a tax return. If your claim is disallowed, you will receive an explanation of why it was disallowed. Taking your claim to court. You can sue for a refund in court, but you must first file a timely claim with the IRS. If the IRS disallows your claim or doesn’t act on your claim within 6 months after you file it, you can then take your claim to court. For information on the burden of proof in a court proceeding, see Pub. 556. The IRS provides a direct method to move your claim to court if: You are filing a claim for a credit or refund based solely on contested income tax or on estate tax or gift tax issues considered in your previously examined returns, and You want to take your case to court instead of appealing it within the IRS. When you file your claim with the IRS, you get the direct method by requesting in writing that your claim be immediately rejected. A notice of claim disallowance will be sent to you. You have 2 years from the date of mailing of the notice of claim disallowance to file a refund suit in the U.S. District Court having jurisdiction or in the U.S. Court of Federal Claims. Interest on refund. If you receive a refund because of your amended return, interest will be paid on it from the due date of your original return or the date you filed your original return, whichever is later, to the date you filed the amended return. However, if the refund isn’t made within 45 days after you file the amended return, interest will be paid up to the date the refund is paid. Reduced refund. Your refund may be reduced by an additional tax liability that has been assessed against you.

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