Here’s what HIVE AI had to say about “Can missed deductions from past years be claimed now?”:

Yes—but it depends on whether the year is still “open” and on the type of deduction

General rule: amend the original year if it’s still open

• Most deductions must be claimed on the return for the year the expense was incurred. If you missed one, you generally need to file an amended return for that year.
• Refund claims are limited by the statute of limitations: generally 3 years from when you filed the original return or 2 years from when you paid the tax, whichever is later. If the limitations period is still open, you can amend to claim the deduction and request a refund. 1
• You can’t “move” a missed deduction from a closed year into a current open year to bypass the limitations period. Courts and the IRS have rejected attempts to use closed-year errors to reduce tax in open years. 2

What if the year is closed?

• If the refund statute is closed, you generally cannot get a refund by adding the missed deduction to a later open year. The IRS has specifically concluded you may not deduct a prior-year item in a later year if the item belongs in the earlier year and the earlier year is closed. 3
• The “mitigation” provisions (sections 1311–1314) sometimes reopen closed years, but they apply only in narrow, specific “circumstances of adjustment.” Simply failing to claim a deduction in the earlier year doesn’t qualify. 4

Important exceptions: items with carryovers/carrybacks

Some tax attributes are designed to carry to other years, so you may still benefit even if you missed the item originally—subject to the rules for that attribute.

Net operating losses (NOLs)

• If a missed deduction would have created an NOL, NOLs can be carried forward (and in some periods, carried back) under their own rules. You generally claim carrybacks via Form 1045 or 1040‑X within applicable deadlines; carryforwards can be claimed in open years, subject to the 80% taxable income limit for post‑2017 NOLs. 5

Foreign tax credit (FTC) carryovers

• Unused FTC can be carried back 1 year and forward 10 years. If you originally deducted foreign taxes and switch to claiming the credit, there is a 10‑year window to change the choice for a given year, and specific rules apply to carrybacks/carryforwards when you make that change. 6

Home office expense carryovers

• If you used actual-expense method in a prior year and had disallowed amounts, those can carry forward to a later year when you again use actual expenses (but not while using the simplified method). 7

Child and dependent care expenses paid the following year

• If you paid prior-year care expenses in a later year, the credit is figured in the year you paid them (not amended back to the prior year). 8

How to proceed

• If the original year is still open, file Form 1040‑X to add the deduction and request a refund. Provide documentation supporting eligibility and timing. 1
• If the original year is closed, determine whether the missed item creates a carryover (for example, NOL or FTC) that can be used in open years, and follow the specific rules and deadlines for that attribute. 5
• Avoid trying to net closed-year errors against open-year income or deductions; that strategy has been disallowed. 2

Cautions

• Submitting an excessive or unallowable refund claim can trigger a 20% erroneous claim penalty if reasonable cause doesn’t apply. 9

If you share which deductions you missed and the tax years involved, I can tell you whether the years are still open, whether a carryover applies, and what forms and deadlines you’ll need.

Sources

1 – IRS Credits and Deductions – Frequently asked questions about energy efficient home improvements and residential clean energy property credits – Energy Efficient Home Improvement Credit – Timing of credits 📄 Summarize
2 – CCA 202224011 📄 Summarize
3 – CCA 200024004 📄 Summarize
4 – CCA 201149027 📄 Summarize
5 – IRS – Instruction 172 Instructions for Form 172, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 📄 Summarize
6 – IRS – Publication 514 Foreign Tax Credit for Individuals 📄 Summarize
7 – IRS.gov – Instrucciones para el Anexo C de 2024 (2024) 📄 Summarize
8 – IRS – Publication 503 Child and Dependent Care Expenses 📄 Summarize
9 – IRS Credits and Deductions – What to do if we deny your claim for a credit 📄 Summarize

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