3 year limit to claim Child Tax Credit (8812) and Saver Credit (8880)?

[huli]

Does client forfeit the Child Tax Credit (8812) and Saver Credit (8880) after three years, similar to EITC and Refunds?  

I'm filing a return for 2013 (in 2019) & can't find explicit guidance on IRS.gov.  Tried to call, but IRS is not answering tax law questions outside of filing season.  

[TaxGuyBill · Accepted solution]

No, those are still valid credits to offset any taxes for that year.  However, the taxpayer won't be able to receive a refund from those credits if it is past the Statute of Limitations.

[huli]

Thank you, TGB.

[itonewbie]

Normal statute of limitations based on 3 years from the date of filing and 2 years from the date of payment applies.  There are no special provisions for these particular credits under §6511(c).

[huli]

Thank you, itonewbie.  So I can claim the credits because I'm within the 3 year time period of *filing* the return.  This will be the initial filing of the return which is 5 years past due. Am I understanding this correctly?

[itonewbie]

No, since no return was filed, any refund would be limited to tax paid within the last 2 years.

[huli]

Thank you. I know I can't go after a refund amount.  I need the credit to reduce overall tax liability.  taking the credit lowers their tax due, but still leaves them owing tax.