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How Many Years Back Can I Get a Tax Refund If I Overpaid?

The federal tax law limits the amount of time you can go back to claim a refund for taxes you overpaid in a prior tax year. However, the time you have left to get an unclaimed tax refund can depend on a number of factors, such as whether you filed a tax return in that year, the date you filed it and when you made your tax payments.

IRS Refund Claim Limitations

The Internal Revenue Code includes a 3-year and a 2-year statute of limitations (SOL) that governs whether tax refund claims are timely and still valid. You generally have three years from the date you filed your original tax return or two years from the day you paid the tax, whichever is later. If you don’t file your tax refund claim within the relevant period, you forfeit the tax overpaid and you cannot reduce future income tax bills for it.

Refund SOL Start Date

When claiming a tax refund under the three-year rule, you start counting the three years on April 15 if you file the original return on or before this date. If you file after April 15, the IRS uses your actual filing date. For purposes of determining your eligibility to file a refund claim using the 2-year rule, your tax payment date is April 15. For example, if you’re subject to employer withholding or make estimated tax payments for your business during 2012, the IRS considers your tax payment date to be April 15, 2013. However, when you pay your taxes after April 15, 2013, the 2-year period starts on the date you actually make payment.

3-Year Tax Refund Claims

Tax overpayments that are the result of a mistake or omission of a tax credit or deduction on your original tax return, you can file Form 1040X to amend the return and claim your tax refund. If you amend your income tax return, it’s never necessary to prepare an entire return again. Instead, you just update the 1040X with the correct information. In this scenario, you need to file the 1040X within the 3-year period.

Taxpayers commonly receive tax refunds because of overpayments made through employer withholding and estimated tax payments. But if you don’t file a return, you need to file on a 1040 – not a 1040X. The IRS states that refund claims are not available until a full and complete return is filed. However, you still need to file the original return within the 3-year window to get a refund of an old tax overpayment. The IRS has a database of prior tax forms on its website, so be sure to use the right form for the specific tax year.

Reference: IRS Publication 556-Examination of Returns, Appeal Rights, and Claims for Refund