Monthly CPA Newsletter: May 2026

May 2026 Tax Update - IRS Collection Activity & Payment Enforcement Continue Increasing

URGENT INDUSTRY ALERT: Kwong v. United States Protective Claims Deadline Approaching

The Kwong v. United States case is becoming one of the most significant recent developments affecting IRS penalties and interest assessed during the COVID disaster period. The case centers around IRC § 7508A(d), which required automatic postponement of certain federal tax deadlines — including the suspension of some underpayment interest and penalties — during federally declared disasters.

The court ruled that many penalties and interest charges assessed between January 20, 2020 and July 10, 2023 may have been improperly applied. Although the IRS is currently appealing the decision, taxpayers may still need to act now to preserve potential refund rights.

Who May Be Affected?

This issue impacts a broad range of taxpayers, including:

  • Individual taxpayers

  • Small business owners

  • Corporations

  • Estates and trusts

Taxpayers who filed or paid Form 1040 tax liabilities late during the COVID disaster period — particularly for tax years 2019 through 2022 — may qualify to file protective refund claims..

Important Deadline — July 10, 2026

For many taxpayers, the statute of limitations to file a refund or protective claim has effectively been extended until July 10, 2026.

Filing a protective claim now preserves the taxpayer’s right to a refund if the IRS ultimately loses the appeal. Failure to file before the deadline could permanently eliminate refund eligibility.

Filing Requirements

Protective claims are generally filed using Form 843 and should include language such as:
“Protective Refund Claim Pursuant to Kwong Case.”

Important filing reminders:

  • Form 843 must be mailed on paper (not electronically filed)

  • Certified Mail with Return Receipt is strongly recommended

  • Separate forms may be required for each tax year and penalty type

  • IRS account transcripts should be reviewed to identify eligible penalties and interest

Recommended Action Steps for Tax Professionals

  • Review client transcripts for 2019–2022

  • Identify failure-to-file or failure-to-pay penalties

  • File Form 843 protective claims before July 10, 2026

  • Maintain documentation supporting the claim

While filing does not guarantee a refund, failing to file may permanently forfeit the opportunity.

D Tax Accounting | CPA & Advisor Newsletter

As IRS enforcement efforts continue expanding in 2026, one of the biggest shifts now affecting taxpayers and practitioners is the increase in collection activity tied to unpaid balances, missed payment arrangements, and unresolved tax liabilities.

For CPAs and advisors, this means clients with unresolved balances or inconsistent payment compliance may face faster enforcement action than in previous years.

IRS Increasing Collection Enforcement Activity in 2026

The IRS has expanded collection efforts involving:

  • Back tax balances

  • Defaulted installment agreements

  • Payroll tax liabilities

  • Unfiled returns

  • High outstanding balances

  • Repeated non-response to IRS notices

Taxpayers who previously experienced long delays before collections are now seeing accelerated notice timelines and earlier enforcement escalation.

More Final Notices & Levy Warnings Being Issued

The IRS continues increasing issuance of:

  • CP504 Final Notices

  • LT11 / Letter 1058 Intent to Levy notices

  • Balance due notices

  • Payroll tax collection letters

  • Automated installment agreement default notices

Many taxpayers are underestimating the seriousness of these notices until wage garnishments or bank levies begin.

Installment Agreement Defaults Becoming a Major Issue

The IRS is paying closer attention to taxpayers who:

  • Miss installment agreement payments

  • Fail to remain compliant with current filings

  • Accumulate new tax debt while on payment plans

Defaulted agreements are increasingly leading to renewed collection enforcement.

Payroll Tax Collections Continue to Intensify

Businesses with unpaid payroll taxes remain a major IRS enforcement priority in 2026.

The IRS continues focusing on:

  • Late payroll deposits

  • Repeated payroll filing issues

  • Trust Fund Recovery Penalty investigations

  • Misclassified workers

  • Outstanding payroll balances

Payroll-related liabilities often escalate faster because the IRS considers payroll taxes a high-priority enforcement category.

CPA Takeaway:

Businesses experiencing cash flow pressure should address payroll issues immediately before penalties and enforcement actions increase.

Recommended Action Steps for CPAs & Advisors

  • Review clients with unresolved tax balances

  • Verify installment agreement compliance

  • Address unfiled returns immediately

  • Reconcile payroll tax liabilities proactively

  • Respond to collection notices early

  • Maintain updated financial documentation for hardship or settlement cases

Early action remains the most effective way to reduce collection risk and preserve resolution options.

How D Tax Accounting Supports CPAs & Taxpayers

D Tax Accounting works alongside CPAs, business owners, and taxpayers to help manage increasing IRS collection pressure through:

  • Tax resolution support

  • Installment agreement assistance

  • Payroll tax compliance services

  • IRS correspondence management

  • Financial organization and bookkeeping

  • · Audit and collection representation

Our goal is to help clients remain compliant, organized, and protected as IRS collection enforcement continues expanding throughout 2026.