Can the IRs make me fill out a 8453-ol after receiving my refund?

Question

I filed my taxes in February with Turbo tax and received my refund shortly after. Now (August) they are hounding me to fill out this form after the fact. It seems as though it was there mistake. What will happen if I refuse?

Answer 1

Try it and find out.

Answer 2

The IRS gave you the benefit of the doubt. They could have withheld your refund until they received the 8453-OL (it is a requirement to E-file unless you use an electronic signature which is the same thing).

If you want to get technical about what they can do...they can demand the money be returned. Your tax return hasn't technically been filed until they have a signed copy of the 8453-OL. If you refuse to return the money they can freeze and then levy your bank accounts. And, if you really PO ed them they can add late filing penalties.

Before all of the other professionals start hollering that there is only a penalty if you owe them money...that isn't always true...it is at their discretion.

Now, will they do all of these things...probably not. They will probably just withhold your refunds from future years to recoup this amount and not allow you to E-File. If you haven't solved it within three years you will lose the refund amount.

The only reason not to send one is if you filed a fraudlent return.  

Hope this helps.

Answer 3

Why do you say it was THEIR mistake?  That's the signature form for efiling, and you are required to send it in - if you didn't, that was YOUR mistake.  If you don't send it, they won't knock on your door looking for it, but will most likely ban you from efiling in the future.

Answer 4

You should have done this when you filed your return, or you could have used a self-select PIN.

Until they receive this form your return hasn't been signed.  Yes, they can definitely call out the big guns if you refuse to do this.

Based on what you wrote, I see no indication IRS has made a mistake.  

I'm curious why you are reluctant to do this?  All tax returns need to be signed to be valid.

Answer 5

They can make you pay  back your refund, as well as interest.  They will continue to prosecute you and will seize any property you may have in order to pay off your debt.  

Also, when you filed your return, it should have stated somewhere by sending the return electronically, you are agreeing to send in the form by the deadline.

It is a privilege that they let us do it that way,  they could make us wait to get the refund until they receive the form.  

You may be right, but you are wrong in the long run.  Put the darn thing in the mail.  It is only your signature

Answer 6

Okay, to be honest, the IRS has not been requiring that they actually have the 8453-OL before issuing a refund.

They could at any time and they could make this retroactive.  So, out of boredom now, you never bother to send it in.  You file next year and the IRS finally gets around to saying you can't have your 2008 refund because they are missing paperwork from 2007.  You counted on getting the refund in 10 days and it suddenly morphs into 12 weeks.

Answer 7

It isnt that big a deal on your part. Just do it. The IRS has more power than you.