IRS Says Some Taxpayers Must Wait to File 2010 Tax Returns

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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.

58 responses to “IRS Says Some Taxpayers Must Wait to File 2010 Tax Returns”

  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?

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