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Can the IRS legally seize my tax refund due to limitations on claims for refund?

I'm in a really frustrating situation with the IRS and could use some advice. For various personal reasons, I filed my 2016-2020 tax returns late (in 2021). Here's where things get messed up - I had about $75,000 sitting "on account" with the IRS that I was trying to apply toward my 2017 tax liability. Just got hit with a CP45 notice saying: "Your 2016 Form 1040 shows you wanted $75,000.00 of your overpayment applied to your 2017 estimated tax. We couldn't apply any of the overpayment as your requested because the period for claiming an overpayment appears to have expired before we received your return." Now I'm getting hammered with late filing and payment penalties for 2017, which I understand, but they're calculating those fees WITHOUT applying the $75K I had sitting with them. It's like the money just vanished into thin air! I've been digging through IRS documentation and found the statute of limitations on claims for refund, but this doesn't make sense to me. This isn't some store credit or airline miles expiring - this is actual money I paid to the government! I always thought letting the IRS hold onto my money was the responsible thing to do rather than requesting refunds. Whenever I had overpayments, I'd just tell them to keep it "on account" for future tax years or in case I underpaid something. I've had a couple conversations with IRS agents about this already. They basically told me they've "seized" the money and won't apply it to any tax year because of the statute of limitations. They just told me to wait for the official notice, which I now have. Is this even constitutional? Doesn't the Fourth Amendment protect against unreasonable seizures? How can they just make $75K of my money disappear? Is there any way to fight this or get my money back?

Just to add a potentially useful resource - publication 556 "Examination of Returns, Appeal Rights, and Claims for Refund" has detailed information about the limitations on refund claims. The key section for your case would be the "Time for Filing a Claim for Refund" portion. Also look into "protective claims" which are sometimes allowed even after limitations periods have passed if there were special circumstances. Not sure if your situation qualifies, but worth investigating. If you filed during COVID, there were also special extensions to some filing deadlines that might potentially apply to your situation. The IRS issued several notices extending various deadlines.

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Sienna Gomez

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Thank you for these suggestions. I'll definitely look into publication 556 and the protective claims option. My filing in 2021 was during COVID, so I'll also research if any of those special provisions might apply to my situation. Do you think it would be worth hiring a tax attorney for a $75K issue like this? Or should I try working through IRS channels first?

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For $75K, I would absolutely consult with a tax attorney who specializes in IRS disputes - many offer free initial consultations. Try to find someone who has specific experience with statute of limitations issues and refund claims. You should simultaneously pursue IRS channels since there are strict time limits on certain appeals. Start with a formal written request for reconsideration that clearly lays out why you believe the statute of limitations shouldn't apply in your case. Be extremely specific about timelines, payment designations, and any COVID-related provisions that might apply. The Taxpayer Advocate Service can also be extremely helpful as a third option - they're designed to help with exactly these kinds of issues where standard IRS procedures have resulted in unfair outcomes.

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Dmitry Popov

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I'm really sorry you're going through this - $75K is an enormous amount to lose to a technicality. While the statute of limitations rules are unfortunately strict, there might be some avenues worth exploring given the amount involved. One thing that stands out to me is that you consistently elected to keep overpayments with the IRS rather than taking refunds - this shows a clear pattern of intending to maintain credit balances for future tax obligations. Some courts have distinguished between different types of payments and credits in similar cases. Have you looked into whether any of the COVID-related relief provisions might apply to your timeline? The IRS issued numerous deadline extensions and special procedures during 2020-2021 that could potentially affect limitation periods. Also, consider whether there were any IRS processing delays or errors that contributed to this situation. If you can document that the IRS failed to properly process your returns or apply your payments in a timely manner, that might provide grounds for an exception. Given the amount involved, I'd strongly recommend consulting with a tax attorney who specializes in statute of limitations cases before accepting this outcome. Many offer free consultations and could quickly assess whether you have viable options for recovery. Don't give up yet - $75K is worth fighting for, and there are specialized advocates who deal with exactly these types of IRS disputes.

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This is such a frustrating situation, and I really feel for you dealing with this bureaucratic nightmare. The fact that you were being responsible by keeping money with the IRS instead of taking refunds only to potentially owe later makes this even more maddening. I'm curious - when you say you've been doing this pattern for years of rolling over overpayments, do you have documentation of previous years where this worked without issue? If the IRS accepted and applied these credit elections in prior years without problems, that might help establish that their current interpretation is inconsistent with their own past practices. Also, have you requested a complete account transcript for all the relevant years? Sometimes there are processing entries or notes in the IRS system that aren't visible to frontline agents but could be crucial for an appeal. The transcript might show exactly how and when they handled your payments, which could reveal processing errors or inconsistencies. One more thought - if you can demonstrate that following the IRS's own guidance led to this situation (like if their forms or publications suggested that credit elections would preserve your funds), that might be grounds for arguing they should be estopped from enforcing the strict limitation period against you. Definitely agree with the attorney recommendation - $75K is absolutely worth professional help, especially since there may be procedural deadlines for appeals that you can't afford to miss.

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Something people don't realize about the refund statute - if you file your amended return even ONE DAY after the 3-year window closes, the IRS is legally required to reject your refund claim. The tax code gives them zero flexibility on this. I work in a tax office and see people heartbroken when they miss the deadline by just a short time. The most painful one was a client who mailed their amendment on the last day but didn't use certified mail, so there was no proof of timely filing. The IRS received it 4 days later and denied a $7,800 refund. Don't take chances with these deadlines!

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Is there any exception at all? What about if you were in the hospital or had some serious issue that prevented you from filing? Seems incredibly harsh that there's no appeals process.

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Zainab Ali

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Unfortunately, there are very limited exceptions to the refund statute deadline. The IRS does have some provisions for "equitable relief" in extreme circumstances like natural disasters, but these are incredibly rare and hard to qualify for. Things like hospitalization or personal emergencies typically don't qualify unless they meet very specific criteria. The statute is written into the tax code itself, so even IRS agents who want to help you can't override it. This is why it's so important to act quickly once you discover a potential refund - don't wait thinking you have plenty of time. I always tell people to treat the refund statute deadline like it's written in stone, because legally, it pretty much is.

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Mei Wong

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I just went through this exact situation last year with my 2020 taxes! The stress is real when you realize there might be money on the table. Here's what I learned: First, don't panic - if you filed your 2020 return by the extended deadline (May 17, 2021), you actually have until May 17, 2024 to file an amended return. That means you likely still have time if you're just discovering this now. The key thing is to act fast once you know about it. I procrastinated for months thinking "I'll get to it eventually" and almost missed my deadline. File Form 1040-X as soon as you can gather all your documentation for those business expenses you missed. One tip - make sure you have really solid documentation for those business expenses. The IRS will scrutinize amended returns more carefully, especially for business deductions. Keep receipts, invoices, and any records that prove the expenses were legitimate and business-related. $3,200 is definitely worth pursuing! Don't let the IRS keep money that's rightfully yours just because of paperwork anxiety. You've got this!

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This is such a helpful thread! I'm also an F1 student (started in 2020) and dealing with similar confusion about tax residency status. One thing I wanted to add that might be useful - if you're unsure about your substantial presence test calculation, the IRS has a worksheet in Publication 519 that walks through it step by step. It's still confusing, but having the official worksheet helped me double-check my math. Also, regarding your HSA - make sure you understand the contribution limits and eligibility requirements. Since you're on a high-deductible health plan through your employer, you should be good, but the 2024 contribution limit is $4,150 for self-only coverage. The triple tax advantage (deductible contributions, tax-free growth, tax-free withdrawals for medical expenses) makes it a great account to maximize if you can. For your 401k, definitely try to contribute at least enough to get your full employer match if they offer one - that's free money you don't want to leave on the table, especially since you're now earning income on OPT. Good luck with your filing! The international student tax situation is definitely complex, but it sounds like you're asking the right questions.

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This is really helpful advice! I'm also navigating the F1 tax situation for the first time and had no idea about the HSA contribution limits. Quick question - do you know if there are any restrictions on HSA contributions for F1 students specifically, or do we follow the same rules as everyone else once we're considered tax residents? Also, regarding the employer 401k match - is there anything special we need to consider as international students when it comes to vesting schedules? I'm worried about what happens if I need to leave the US before being fully vested.

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Great questions! For HSA contributions, once you're considered a tax resident (which sounds like you will be), you follow the same rules as everyone else - no special restrictions for F1 students. The key requirements are just having a qualifying high-deductible health plan and not being enrolled in Medicare or claimed as a dependent. Regarding 401k vesting - this is definitely something to pay attention to as an international student! Vesting schedules vary by employer, but many have either immediate vesting or graded vesting over 3-6 years. The good news is that your own contributions are always 100% vested immediately - it's just the employer match that follows the vesting schedule. If you do leave before being fully vested, you'll forfeit the unvested employer contributions, but you keep everything that's already vested plus all your own contributions. Some employers also have "cliff vesting" where you become 100% vested after a certain period (like 3 years), so it's worth checking your plan documents. One tip: if you're thinking about potentially staying in the US long-term (like pursuing H1B), factor that into your contribution strategy. But even if you leave early, the tax benefits and your own contributions make it worthwhile to participate, especially with any employer match.

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Great thread! I'm in a similar boat as an F1 student transitioning to OPT. One thing I'd add that really helped me is to make sure you understand the "closer connection" exception if you're right on the border of the substantial presence test. Even if you meet the days requirement, you might still be able to file as a non-resident if you can prove you have a closer connection to your home country. Also, for anyone dealing with state taxes - don't forget that some states have different rules for international students than federal taxes. I'm in California and had to file additional forms even when I was still a non-resident for federal purposes. Regarding the 401k question - one thing to consider is whether your home country has a totalization agreement with the US. This can affect Social Security taxes on your wages and potentially impact your retirement planning if you're thinking long-term. It's worth researching even if you're not sure about staying in the US permanently. The tax software recommendations in this thread are spot on - generic software really struggles with F1/OPT situations. I learned that the hard way my first year!

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This is such valuable information about the "closer connection" exception! I had no idea that was even an option. For someone like me who's been going back home every summer and winter break, maintaining a bank account there, and still considered a tax resident of my home country, this could potentially apply. Do you happen to know what specific documentation the IRS looks for to prove closer connection? I'm assuming things like maintaining a home address, bank accounts, and family ties in the home country, but I'd love to know if there are other factors they consider important. The state tax point is really crucial too - I'm in New York and completely forgot that state rules might be different from federal. I should probably look into that before I file. Thanks for mentioning the totalization agreements as well - I'm from Canada so I should definitely research whether that applies to my situation. It's honestly overwhelming how many different factors come into play with international student taxes, but threads like this make it so much more manageable!

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Evelyn Kelly

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3 Something nobody's mentioned yet - keep a mileage log if you drive as part of your caregiving duties! I deducted over $2,000 last year just from tracking my mileage driving my client to doctor appointments and running errands for them. The IRS mileage rate for 2025 is 65.5 cents per mile.

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Evelyn Kelly

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5 Do you use an app to track your mileage or just write it down? I always forget to log my trips.

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Gabriel Ruiz

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One important thing to consider is whether you should be classified as a household employee versus self-employed. Since the family is claiming you on their taxes for a dependent care credit, they might actually be required to treat you as a household employee and handle payroll taxes. If you're a household employee, they should be withholding and paying Social Security and Medicare taxes on your behalf. However, if you control how and when you work (set your own schedule, use your own supplies, etc.), you're likely self-employed. For $15,300 in annual income, you'll definitely want to make quarterly estimated tax payments to avoid penalties. I'd recommend setting aside at least 25-30% of each payment to cover both self-employment tax and income tax. Don't forget you can deduct legitimate business expenses like mileage, supplies, and any training related to caregiving. You should also check if the family needs to provide you with any tax documents - they may need to give you information for their dependent care credit claim even if they don't issue a 1099.

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This is really helpful clarification! I'm curious about the household employee vs self-employed distinction - how do you know for sure which category you fall into? I set my own hours and bring my own supplies, but the family does tell me what tasks they need done each day. Does that make me more like an employee or still self-employed? I want to make sure I'm filing correctly and not getting the family in trouble either.

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Don't forget about quarterly estimated tax payments! Since you don't have taxes withheld as a self-employed person (whatever they call you), you likely need to make quarterly payments to avoid penalties. The safe harbor is generally paying either 90% of this year's tax or 100% of last year's tax (110% if your AGI was over $150k). Missing these payments can result in penalties even if you pay everything you owe by April 15.

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Miguel Diaz

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How do you calculate what to pay each quarter if your income is irregular? I have some months where I make a lot and others where it's nearly nothing.

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Grace Thomas

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For irregular income, you have a few options. The easiest is to use the "safe harbor" rule - pay 100% of last year's total tax liability divided by 4 quarters (110% if your AGI was over $150k). This protects you from penalties even if you end up owing more at year-end. If you want to be more precise, you can use Form 2210 Schedule AI to calculate based on actual income each quarter. This means paying higher amounts in good months and lower (or zero) in slow months. Just make sure you keep detailed records of when you received payments. Another approach is to set aside a percentage of each payment as it comes in (typically 25-30% for self-employment) in a separate tax savings account. Then when quarterly deadlines hit, you'll have funds available regardless of that quarter's specific income timing.

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This is such a helpful thread! I'm dealing with a similar situation where one client calls me a "vendor" and another calls me a "contractor," but it sounds like the tax treatment is the same regardless of their internal terminology. One thing I'd add - if you're worried about documentation, I've found it helpful to keep copies of all invoices I send to clients, along with their payment confirmations and any email correspondence about the work relationship. Even if they don't send 1099s, having a clear paper trail of the business relationship can be valuable. Also, don't forget to look into business insurance if you haven't already. As a self-employed person, you might want professional liability or general liability coverage depending on your field. Some clients even require it before they'll work with you. The quarterly estimated tax payments mentioned above are crucial - I learned this the hard way my first year and got hit with penalties. Setting aside money from each payment as it comes in is definitely the way to go!

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Freya Larsen

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Great advice about keeping detailed records! I'm new to self-employment and this whole thread has been incredibly helpful. One question - when you mention business insurance, how do you even figure out what type you need? I'm doing marketing consulting work and have no idea where to start with insurance requirements. Also, do most clients actually ask to see proof of insurance before working with you, or is that more industry-specific?

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