November 2020

Update: IRS May Not Post Online Updates For Paper Claims

By |2020-11-21T19:24:03+00:00November 21st, 2020|Important Updates, News|

If you filed a claim electronically through the online portal, you should receive an email from the IRS advising you when the claim is approved. The IRS has also set up a claim tracking system for online claims that attempts to provide information about the status of online claims within 2 weeks of the IRS’ receiving a claim. The IRS has indicated that claimants can find out the status of their claim by going to: IRS.gov/getmypayment.

Although the status of online claims should be accessible through this website, the IRS has indicated that it might not post any online updates on the status of paper claims.

ATTORNEYS: Information on how to file online claims for people in prison

By |2020-11-10T02:00:16+00:00November 10th, 2020|Important Updates, News|

Attorneys may file online claims for Economic Impact Payments through the IRS’s online non-filer tool using the same process for Form 1040s generally. To do so, an individual in prison must complete, sign, and mail a Form 2848 to the IRS, which can be downloaded here (www.irs.gov/pub/irs-pdf/f2848.pdf). The IRS’s instructions for filling the form are available here (www.irs.gov/instructions/i2848).

For your reference, we have prepared an example that may be used as a guide (click to download) by attorneys who are not charging a preparation fee and are only assisting an individual with filing a refund claim. After an individual in prison has completed and mailed the form, you may then use the IRS’s online non-filer tool to file a refund claim on behalf of an incarcerated individual by the current deadline of November 21, 2020.”

Form 2848 sample
Click to download the sample form 2848.

October 2020

Updated single mail-in address for claims from the incarcerated

By |2020-10-28T22:26:55+00:00October 28th, 2020|Important Updates, News|

The IRS has established a special address for the claims of incarcerated people:

Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0003

Note that claims may still be sent and will be processed at any of the IRS facilities previously listed (see addresses below).

If you live in…...use this address
Alabama, Arkansas, Delaware, Georgia, Indiana, Iowa, Kentucky, Maine, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Vermont, VirginiaDepartment of the Treasury
Internal Revenue Service
Kansas City, MO 64999-0002
Arizona, Colorado, Connecticut, District of Columbia, Idaho, Kansas, Maryland, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, West Virginia, WyomingDepartment of the Treasury
Internal Revenue Service
Ogden, UT 84201-0002
Florida, Louisiana, Mississippi, TexasDepartment of the Treasury
Internal Revenue Service
Austin, TX 73301-0002
Alaska, California, Hawaii, Illinois, Michigan, Minnesota, Ohio, Washington, WisconsinDepartment of the Treasury
Internal Revenue Service
Fresno, CA 93888-0002

New Video Explains Rights of Incarcerated Persons to CARES Act Stimulus Payments

By |2020-10-20T20:35:01+00:00October 20th, 2020|Important Updates, News|

The Equal Justice Society has produced a new video explaining the rights of incarcerated Americans to receive CARES Act stimulus payments. You can watch the video on YouTube or directly below.

If you have further questions, more information and additional resources are available online at caresactprisoncase.org.

BREAKING:  Federal court confirms IRS unlawfully withheld stimulus relief from incarcerated people

By |2020-10-15T00:24:38+00:00October 15th, 2020|Important Updates, News|

On October 14, 2020, Chief Judge Phyllis J. Hamilton of the Northern District of California granted in part the Plaintiffs’ motion for summary judgment against the Internal Revenue Service, Department of the Treasury, Treasury Secretary Stephen Mnuchin, and IRS Commissioner Charles Rettig.

In its order, the Court explained that “incarcerated individuals are not excludable as an ‘eligible individual’ under the Act,” and that the IRS therefore acted contrary to law by withholding stimulus relief from them.  The Court also held that the government’s “policy of excluding incarcerated individuals from receiving [a CARES Act payment] solely on the basis of their incarcerated status is arbitrary and capricious.”  As a result, the Court entered final summary judgment for the Plaintiffs and a nationwide class of people incarcerated in state and federal prisons.

The Court’s holding converts the preliminary injunction entered on September 24, 2020 into a permanent injunction.  As a result, the IRS is required to stop denying stimulus relief to people who are incarcerated solely for that reason, to re-issue payments that were previously retracted from incarcerated people by October 24, 2020, and to re-consider any claim for a refund check that was previously denied by the same date.  The government will be required to file a declaration by November 9, 2020 confirming its compliance and including data about the number and amount of stimulus relief disbursed as a result of the order.

Attorneys representing the Class believe that Judge Hamilton’s order makes available $1,200 stimulus checks for up to 1.5 million people believed to be incarcerated in the United States.  Based on a Treasury Inspector General for Tax Administration report published earlier this year, this is expected to result in automatic payments to at least 84,000 people totaling $100 million dollars.  Other affected individuals in the class who did not file 2018 or 2019 tax returns must take affirmative steps to submit claims by mail before October 30, 2020 (or, if filed online, by November 21, 2020) to retrieve stimulus relief before the end of the year.  More information about filing those requests can be found at www.caresactprisoncase.org.

The Court denied Plaintiffs’ claim that the government also unlawfully failed to act, but that decision has no effect on the relief awarded to the Class.

Incarcerated CARES Act Claims Paper Postmark Deadline Extended to October 30

By |2020-10-08T04:38:49+00:00October 8th, 2020|Important Updates, News|

On October 7, 2020, the U.S. District Court ordered the IRS to apply an extension of the filing deadline for paper claims to October 30, 2020 (previously granted to certain community organizations) so that it would also apply to the claims of the incarcerated in the U.S. The Court thus extended the deadline for postmarked paper claims to October 30, 2020.

The Court also ordered the IRS to immediately correct misinformation on its website, issue accurate and updated guidance to its own employees on claimant eligibility, alert prison officials to the new extensions and other policy rulings, and send direct notice to incarcerated people about this now-expanded claims process.

If you still have questions…

Contact a lawyer at Lieff Cabraser.

Incarcerated CARES Act Claims Online Filing Deadline Extended to November 21

By |2020-10-08T04:37:38+00:00October 5th, 2020|Important Updates, News|

On October 5, 2020, the IRS announced it was extending the deadline for filing online claims to November 21, 2020.

Please note that the IRS has not agreed to approve electronic claims submitted by loved ones and third parties for people currently incarcerated. Please continue to check this web page for further updates.

The Judge’s preliminary injunction further ordered the defendants to reconsider their prior denial of advance refund payments to any person based on incarcerated status within 30 days, whether the denial was based on a 2018 or 2019 tax return, or on claims filed through the IRS’s online “Non-Filer” portal.

If you still have questions…

Contact a lawyer at Lieff Cabraser.

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