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Post Date:  4/13/2020
Last Updated:  4/13/2020

Summary
Cross References
- Notice 2020-23

The IRS has announced additional relief for taxpayers affected by the ongoing COVID-19 pandemic. Under this new relief, any person with a federal tax payment obligation or federal tax return or other filing obligation with a due date on or after April 1, 2020 and before July 15, 2020 is automatically granted relief. Tax payments and filing due dates are now extended to July 15, 2020 for all of the following:
- Individual income tax payments and return filings on Form 1040, U.S. Individual Income Tax Return, Form 1040-SR, U.S. Tax Return for Seniors, Form 1040-NR, U.S. Nonresident Alien Income Tax Return, Form 1040-NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents, Form 1040-PR, Self-Employment Tax Return—Puerto Rico, and Form 1040-SS, U.S. Self-Employment Tax Return (Including the Additional Child Tax Credit for Bona Fide Residents of Puerto Rico),
- Calendar year or fiscal year corporate income tax payments and return filings on Form 1120, U.S. Corporation Income Tax Return, Form 1120-C, U.S. Income Tax Return for Cooperative Associations, Form 1120-F, U.S. Income Tax Return of a Foreign Corporation, Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation, Form 1120-H, U.S. Income Tax Return for Homeowners Associations, Form 1120-L, U.S. Life Insurance Company Income Tax Return, Form 1120-ND, Return for Nuclear Decommissioning Funds and Certain Related Persons, Form 1120-PC, U.S. Property and Casualty Insurance Company Income Tax Return, Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations, Form 1120-REIT, U.S. Income Tax Return for Real Estate Investment Trusts, Form 1120-RIC, U.S. Income Tax Return for Regulated Investment Companies, Form 1120-S, U.S. Income Tax Return for an S Corporation, and Form 1120-SF, U.S. Income Tax Return for Settlement Funds (Under Section 468B),
- Calendar year or fiscal year partnership return filings on Form 1065, U.S. Return of Partnership Income, and Form 1066, U.S. Real Estate Mortgage Investment Conduit (REMIC) Income Tax Return,
- Estate and trust income tax payments and return filings on Form 1041, U.S. Income Tax Return for Estates and Trusts, Form 1041-N, U.S. Income Tax Return for Electing Alaska Native Settlement Trusts, and Form 1041-QFT, U.S. Income Tax Return for Qualified Funeral Trusts,
- Estate and generation-skipping transfer tax payments and return filings on Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Form 706-A, United States Additional Estate Tax Return, Form 706-QDT, U.S. Estate Tax Return for Qualified Domestic Trusts, Form 706-GS(T), Generation-Skipping Transfer Tax Return for Terminations, Form 706- GS(D), Generation-Skipping Transfer Tax Return for Distributions, and Form 706-GS(D-1), Notification of Distribution from a Generation-Skipping Trust (including the due date for providing such form to a beneficiary),
- Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, filed pursuant to Revenue Procedure 2017-34,
- Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent and any supplemental Form 8971, including all requirements contained in IRC section 6035(a),
- Gift and generation-skipping transfer tax payments and return filings on Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return that are due on the date an estate is required to file Form 706 or Form 706-NA,
- Estate tax payments of principal or interest due as a result of an election made under IRC sections 6166, 6161, or 6163 and annual recertification requirements under IRC section 6166,
- Exempt organization business income tax and other payments and return filings on Form 990-T, Exempt Organization Business Income Tax Return (and proxy tax under section 6033(e) of the Code),
- Excise tax payments on investment income and return filings on Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as Private Foundation, and excise tax payments and return filings on Form 4720, Return of Certain Excise Taxes under Chapters 41 and 42 of the Internal Revenue Code, and
- Quarterly estimated income tax payments calculated on or submitted with Form 990-W, Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations, Form 1040-ES, Estimated Tax for Individuals, Form 1040-ES (NR), U.S. Estimated Tax for Nonresident Alien Individuals, Form 1040-ES (PR), Estimated Federal Tax on Self Employment Income and on Household Employees (Residents of Puerto Rico), Form 1041-ES, Estimated Income Tax for Estates and Trusts, and Form 1120-W, Estimated Tax for Corporations.

The IRS has also determined that any person performing a time-sensitive action listed in either Regulation section 301.7508A-1(c)(1)(iv) – (vi) or Revenue Procedure 2018-58, which is due to be performed on or after April 1, 2020, and before July 15, 2020 (Specified Time-Sensitive Action), is an Affected Taxpayer. Thus, the due date for specified filing and payment obligations is extended to July 15, 2020. For purposes of this notice, the term Specified Time-Sensitive Action also includes an investment at the election of a taxpayer due to be made during the 180-day period described in IRC section 1400Z-2(a)(1)(A).

The relief in Notice 2020-23 is automatic, meaning taxpayers do not have to call the IRS or file any extension forms, or send letters or other documents to receive this relief.

Taxpayers who need additional time to file may choose to file the appropriate extension form by July 15, 2020 to obtain an extension to file beyond that date. Any extension beyond July 15, 2020 may not go beyond the original statutory or regulatory extension date. For example, a Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, may be filed by July 15, 2020 to extend the time to file an individual income tax return to October 15, 2020, but not beyond that date. Form 4868 cannot extend the payment deadline for paying federal income tax beyond July 15, 2020.

The filing relief in Notice 2020-23 also includes all schedules, returns, and other forms that are filed as attachments to the specified forms listed above (for example, Schedule H, Schedule SE, and Forms 3520, 5471, 5472, 8621, 8858, 8865, and 8938). This relief also includes any installment payments due on or after April 1, 2020, and before July 15, 2020. Any elections that are made or required to be made on a timely filed form or attachment will be considered timely made on such form or attachment if the specified form or attachment is filed by July 15, 2020.

The period beginning on April 1, 2020 and ending on July 15, 2020 will be disregarded in the calculation of any interest, penalty, or addition to tax for failure to file the specified forms or pay the specified payments postponed by Notice 2020-23. Interest, penalties, and additions to tax will begin to accrue on July 16, 2020.

The relief in Notice 2020-23 also includes the time for filing all petitions with the Tax Court, or for review of a decision rendered by the Tax Court, filing a claim for credit or refund or any tax, and bringing suit upon a claim for credit or refund of any tax. This relief does not include any petition with the Tax Court or the filing of a claim or bringing a suit for credit or refund if that period expired before April 1, 2020.

Notice 2020-23 also provides the IRS with additional time to perform time-sensitive actions described in Regulation section 301.7508A-1(c)(2).

Notice 2020-23 also extends the time to participate in the Annual Filing Season Program for tax professionals to complete continuing education courses.

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