IRS Says Some Taxpayers Must Wait to File 2010 Tax Returns

Important Update – There are no delays for filing your 2011 taxes.  This blog post relates to late legislation in 2010.  You can file your taxes now.

As a result of the late-breaking tax legislation signed into law at the end of December, the IRS has announced that taxpayers who itemize deductions and those claiming the Higher Education Tuition and Fees deduction or the Educator Expense Deduction will need to wait to file their 2010 tax return until at least mid-February.

The majority of taxpayers – the more than 60 percent who claim the standard deduction – aren’t affected by the delay and can e-file their return in early January.

IRS Commissioner Doug Shulman said the agency “will do everything we can to minimize the impact of recent tax law changes on other taxpayers. The IRS will work through the holidays and into the New Year to get our systems reprogrammed and ensure taxpayers have a smooth tax season.”

Even if you are claiming one of these deductions, don’t wait to start your return. TurboTax products are already up-to-date with all the latest forms and schedules. You can prepare your return with TurboTax and electronically file it beginning on Jan. 6.

TurboTax will securely hold your return until the IRS begins accepting returns impacted by the processing delays. TurboTax will send you an email confirmation that your return has been e-filed and accepted by the IRS.

These delays impact all tax preparation methods and include both e-filed and paper returns.

In the face of these delays, TurboTax is the fastest, easiest way for you to get your full refund. Customers impacted by the delay will see clear, easy-to-understand explanations within TurboTax and will see additional, step-by-step guidance in these areas so you can be confident you’re getting every deduction and credit you’re entitled to.

Wondering if you’re impacted?

Taxpayers claiming itemized deductions on Schedule A. Itemized deductions include mortgage interest, charitable deductions, medical and dental expenses as well as state and local taxes. In addition, itemized deductions include the state and local general sales tax deduction extended in the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 enacted Dec. 17, which primarily benefits people living in areas without state and local income taxes and is claimed on Schedule A, Line 5.

Taxpayers claiming the Higher Education Tuition and Fees Deduction. This deduction for parents and students, covering up to $4,000 of tuition and fees paid to a post-secondary institution, is claimed on Form 8917. However, the IRS emphasized that there will be no delays for millions of parents and students who claim other education credits, including the American Opportunity Tax Credit and Lifetime Learning Credit.

Taxpayers claiming the Educator Expense Deduction. This deduction is for kindergarten through grade 12 educators with out-of-pocket classroom expenses of up to $250. The educator expense deduction is claimed on Form 1040, Line 23, and Form 1040A, Line 16.

The IRS expects to soon confirm a specific date when it will start processing tax returns impacted by the late tax law changes.

Check back here for updates.

Click here to find out if your state is also anticipating processing delays.

Comments (58) Leave your comment

  1. I am itemizing my house, medical expenses and work expense and child tax credit. do i need to wait to file the end of february?

    • Hi Heather,
      No you do not have to wait. That was for 2010 tax year due to late legislation. You are fine.
      Thank you!
      Lisa Greene-Lewis

  2. Last year I had to wait until Ferbruary to file my taxes because I itemized. Do wait until February to file my taxes this year?

    • Hi Tiffany,
      Good news! You do not have to wait this year. TurboTax is now accepting tax returns. Last year you had to wait due to late legislation from Congress.
      Thank you,
      Lisa Greene-Lewis

  3. Sadly I decided to use the desktop version of Turbotax this year since last year I had problems with the online version importing brokerage information. Now I can not transmit the efile from the desktop (with the superpatch update)and I have tried on two different computers, networks, and web browsers. I googled until my fingers bled and I still can’t find any solutions. Can I get my Federal return uploaded from my desktop TurboTax version to the online turbotax website and without paying a second time?

    If this gets solved quickly and smoothly I may use Turbo again. Painful taxes made even more painful thanks TURBO! Doing your taxes is easy. Getting turbo tax to work is not.

  4. Unable to down load updates. Can not print my final 2010 tax return to submit to the IRSHow do I get the updates? Everytime I check the update

    request, it states that I an\m not connected to the internet, but I am. Please help me or tell

    me hpw I can by pass your program that will allow me to type a clean copy of the return. All the data in thew return is correct.

  5. I submitted my taxes on 1/13/11 filed itemized received no communication from turbo tax until 2/11/11 and another friend that I referred to also filed itemized on 1/19/11 already received notification from turbo tax that he is getting his return on the 2/25/11. I called and was told that everything is downloaded by date. Doesnt 13 come before 19? lol This is what I paid $74.95 for and then greated thank you for using Turbo Tax…lol

  6. This is for Lisa. She wrote “I efiled my return and it was rejected because it said my birthdate doesn’t match with social security records. I have efiled every year for years and never had this problem. Is this a new verification that the IRS is checking or is it possible my social security information has been changed?” Lisa, this happened to my 28 year son last year. Even though he had been e-filing for a few years. Apparently, starting last year, the IRS was double checking with Social Security to verify SSN, name and birth date. It looks like when we (me) first applied for my son’s SSN when he was about 9 years old, I put his mother’s birthdate down instead of his (they were both born in September), and we never knew that Social Security had his birth date wrong until last year when his tax return was rejected for a birth date mismatch. My son had to go to the SS office and show a birth certificate and ID to get it changed. It took about 2 months to do. He was unable to efile until this was changed. Hope this helps.

  7. I thought I was not going to be affected by this tax law change. I claim HOH, EIC, and Form 8863 for the Education Credits (American Opportunity and Lifetime Learning Credits. The IRS accepted my return and I was suppose to get my refund on Feb 4th. One week later and still no refund. I am hoping that I get my return next Friday. I filed on the 26th of Jan!!!!

  8. I efiled and was accepted on feb. 3rd and was expected to recive a return by the 11th. Now the irs says my refund will not be there until 22nd because of processing delays? I am married filing joint with 4 kids and had only standard deductions so i dont understand why im being delayed?

  9. Upon completing my Federal Taxes and moving onto State Taxes, I was prompted with this message: “Based on the information you have entered in TurboTax, it does not appear that you need to file state income taxes. If you believe you need to file state taxes select the Download State button to add a state to TurboTax.” When I attempted to download my state, no states showed up in the pop-up, scroll-dowm window.

    Could this conflict be related to itemize deductions?

  10. Question: We filed mid January with turbo tax. Ours was accepted by the IRS and says we should expect our refund today, 2/4/11 however it is not in our bank account and there is no ‘delay message’. Can you tell me what’s going on?

  11. The IRS sit is the initials followed by the “gov” extension since it is a government site. If you go to com, net or any other extension, you are not at the IRS site. Obviously, you probably shouldn’t provide any personal information at such sites if you are really trying to get it to the IRS.

  12. I efiled my return and it was rejected because it said my birthdate doesn’t match with social security records. I have efiled every year for years and never had this problem. Is this a new verification that the IRS is checking or is it possible my social security information has been changed?

  13. Our government hard at work screwing the little guy, ONCE AGAIN. I am a Democrat but, I absolutely HATE Obama.

  14. So even if I did not qualify for tuition deduction but put my tuition information there I still have to wait?

  15. I paid for and e-filed my federal taxes prior to receiving the message that they would be delayed due to itemizing. Since I barely qualified for itemizaion, if I request a refund will my e-filed taxes be returned (since the gov’t doesn’t have them)? That would allow me to take the standard deduction and file elsewhere.

  16. I just e-filed and turbo tax states that my federal return will be held and not processed until Feb 14th. I use the american eductation credit but not the other tution credit and turbo tax stated that my refund would not be delayed and then I file and it says it will, what is going on? Can anyone explain?

  17. I agree with Laura. You can’t tell me only 40% of taxpayers will be affected. Is this due to the large number who already lost their homes?

    This is total stupidity. They should have been ready.They didn’t do a good job of warning us ahead of time either.We prepare and do what we need to do to satisfy the IRS. Why can’t they do the same for us?

    My Virginia state return is being held until mid February also.I filed online, using Tax Act.That answers someone’s question.

  18. We closed on our house in January, 2010. Can we still take the $8000 credit on this year’s tax forms – & do we need to file an amended 2009 in order to get it?

  19. Do you have an exact date the IRS will be accepting federal income tax returns? If so what is that date?

  20. I ask a question on the 7th, your people had been answering questions quite regularly as advertised and then no responses/answers as soon as i asked – what happened???

    Even an I don’t know or we are looking into it would have been better

  21. we have had to change banks due to Wachovia becoming Wells Fargo … where do we list the change for our refunds to be direct deposited ?

    TY for your help !

  22. If I know the numbers from my daughters last pay stub – can I e-file her return now, even though she has not gotten her W-2 yet – Will the IRS accept and process and/or hold it until they get their copy of the W-2 and then accept it??

  23. Hi Trev,

    Yes, some states will be delaying their acceptance of sate returns. We are working on finding out which states those will be….we will get up a post letting all of you know as soon as we find out.

    Regardless of whether your state is delaying, you can still prepare and file with TurbTax and we will hold it until your state is accepting.

    Thanks,

    Ashley

  24. Hi Chelsea, Happy New Year. I have a quick question in reference to the turbo tax updates. I know alot of people go directly to the site. But there are some who still purchase the software to work with. I was wondering if the software sold in the stores is already updated as well, or are the updates currently only available if you file directly through the site?. Thank you

    • Hi Linda,

      Both our TurboTax Online and desktop software are ready to go now. For the software you’d purchase in a store (desktop) just update when you next open TurboTax using the One Click Update to ensure you have the most updated forms. You can e-file w/ TurboTax beginning 1/6. We’ll hold your return and submit to the IRS when they’re ready to take it. We’ll then notify you the moment your return has been e-filed and when you can expect your Federal return.

      Hope this helps.

  25. What is the day the irs begins accepting returns?without filing long form with the deductions that are being delayed?

    • Hi Math Whiz,

      The IRS has not yet released a date for when they will begin accepting impacted returns, but the current forms are available now in TurboTax so you can begin your return with TurboTax right now. You can actually file w/ TurboTax starting 1/6 and we’ll hold the return until IRS starts accepting them.

      Chelsea from TurboTax

  26. Yo udid not specifically address the state return part of the question. Will our state return be filed immediately or have to wait to be filed with federal. thanks

    • Jack,

      To follow-up on your question, you may file now. We’re working with states and many states will process your return so you can get your refund quickly.

      Please visit us here for updates.

      Chelsea with TurboTax

  27. Chelsea from TurboTax told Jack in a comment that if you are effected by the IRS updates you needed to wait to file until the IRS makes the updates. In the story above the comments it says: “TurboTax will securely hold your return until the IRS begins accepting returns impacted by the processing delays. TurboTax will send you an email confirmation that your return has been e-filed and accepted by the IRS.” Which is correct?

    • Hi John,

      You will NOT need to wait, I’ve clarified in my comment above. You can file now with TurboTax.

      Here is a passage that really helps:
      “Even if you are claiming one of these deductions, don’t wait to start your return. TurboTax products are already up-to-date with all the latest forms and schedules. You can prepare your return with TurboTax and electronically file it beginning on Jan. 6.

      TurboTax will securely hold your return until the IRS begins accepting returns impacted by the processing delays. TurboTax will send you an email confirmation that your return has been e-filed and accepted by the IRS.”

      Thanks so much!
      Chelsea with TurboTax

  28. Will the State returns be filed immediately upon submission or will they be held for concurrent filing with the Federal return?

  29. Well this is another fine job by our government. Really the IRS did not know what changes were going in affect? I am confused because most of the stuff on the schedule A did not change from last year. This is really aggravating. I really dispute their number that 60% of people will be able to file like normal. Middle of Feb, what is wrong with them. They should have been ready or at the very least by the first of Feb.

  30. good afternoon,

    if i file my taxes thru e-file with turbo tax, in early jan. does that mean i would not get a refund until feb. or does that only apply if i am itemizing my deductions, or for education credits? i usually file hoh, and use a 1040 form i do usually qualify for the eic and child tax credit will that affect me getting my refund if im an early jan. filer?

    any help answering these questions, i would greatly appreciate.

    thank you

  31. i got a qquestion about my taxes 2010

    im marriedmy wife dosnt work from 3 yrs now

    we got 3 kids

    i got a problem

    before iget married when my wife was single she make loans students and owe money there

    if i fill married fill jointly they are going to get my money not fair because i dont know here when she made those loans and she downt work right now

    if i fill married fill separated i lose like 2,500.00

    what can i dot?

    can i fill head of household and dont put my wife?

    i hear about innocent spouse claim but i hear irs not fair so i need the money to move to new state from ca to fl and i hear need to wait like 3 month if make or fill innocent spouse claim

    if i fill as head of household i get in trublem

    please helpmeeeee

  32. If the IRS won’t be ready to process returns until February, how can TurboTax software be accurate now?

    • Jack,

      TurboTax forms are already up to date and some taxpayers can e-file w/ TurboTax as early as Jan. 7. Those that are impacted will NOT need to wait to file until the IRS updates.

      The majority of taxpayers – the more than 60 percent who claim the standard deduction – aren’t affected by the delay and can e-file their return in early January.

      Chelsea from TurboTax

      • But for the people that do use a Sch A, why weren’t we notified of the delay prior to filing?

      • Hi Bill,
        There is no delay for people filing schedule A. This blog states that it is for 2010 tax returns. You can file your tax return. This blog relates to late tax legislation in 2010.
        Thank you,
        Lisa Greene-Lewis

  33. You will have angry customers who really need their money sooner, but at least they cannot blame TurboTax.

  34. I will be using the schedule A to file and I would like to know, will the Federal delay cause my State return to be delayed also?

  35. I have not received my disk for my 2010 tax program. When can I expect it to be sent? I mailed the order to you on 10-20-2010. The priority code on the order blank was 729-266-2859.

    Thank you,

    Dorrence Brucker

  36. I want a phone number so that i can discuss the schedule A impact to my filing early in Jan before I go to Florida!!

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