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Ask The Taxgirl: IRS Delayed Tax Filing Season Applies To Everybody

Kelly Phillips ErbJanuary 15, 2013July 5, 2020

Taxpayer asks:

I read your article that said you can’t file your taxes until 1/30 but my tax guy says that’s only for people who itemize. He says I can file this week and get my refund faster. Now I’m confused.

taxgirl says:

ARGH.

*clears throat*

Sorry, I just had to get that out of my system.

I am going to assume that this is one of those situations that I mentioned in my earlier post where some tax preparers are indicating to taxpayers that it’s okay to prepare your return now. But as I mentioned in that post, while a tax preparer may be able to begin working on your return now, the IRS will not begin accepting and processing and individual federal income tax returns until January 30.

That said, the suggestion that you’re getting your refund faster by having your return prepared now is a bit concerning. It’s also not true: you’re not getting your refund any faster from the IRS by having your return prepared now as compared to January 30. If your tax preparer actually said that – and has indicated to you that only those taxpayers who itemize are delayed this year – I am going to gently suggest to you that you consider shopping around a bit for another preparer. Aggressive preparers scare me. And those who misrepresent the facts scare me even more.

Here is the official word from IRS on the matter:

Following the January tax law changes made by Congress under the American Taxpayer Relief Act (ATRA), the Internal Revenue Service announced today it plans to open the 2013 filing season and begin processing individual income tax returns on Jan. 30.

 

It does not matter whether you file on paper or electronically: filing season begins on January 30, 2013. However, because of the delay, the IRS strongly encourages you to file electronically if you are hoping to get your tax refund back quickly. You can read the entire statement here.

And a quick word regarding additional delays. It appears that your preparer is alluding to the fact that some taxpayers will be delayed more than others. This is true. However, the push out – which is beyond the January 30 date – does not apply to all itemizers: it mostly applies to taxpayers who claim quite narrow provisions like residential energy credits, depreciation of property or general business credits. The IRS notes that those folks tend to file closer to the April 15 deadline (or get an extension) anyway so the delay is not likely to affect them on a massive scale.

So, once more with feeling: the IRS is open for business on January 30, 2013. Not January 15, not January 22. It doesn’t matter if you already have your tax forms, if you don’t itemize, if you aren’t subject to the Alternative Minimum Tax (AMT) or if you’re expecting a refund. The date is the same. Say it with me now: January 30.

Before you go: be sure to read my disclaimer. Remember, I’m a lawyer and we love disclaimers.
If you have a question, here’s how to Ask The Taxgirl.

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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