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  1. Hi Jeff, Thanks for the question. The QEF election is off limits once the return due date has passed. In practical terms, that means no elections on amended or late-filed returns. I think there is no question about this from the language of IRC § 1295(b)(2): “An election under this subsection may be made for any taxable year at any time on or before the due date (determined with regard to extensions) for filing the return of the tax imposed by this chapter for such taxable year.”

  2. Hi Debra – great article. Above, you state that you can’t make a late QEF election if you were 5 years out. What if you were only 3 years out and within the amended return range? I am having difficulties finding any guidance on whether or not a QEF election can be made late if you’re still within the range of an amended return.


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