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IRS Publishes FAQs on Extended Filing and Payment Dates

March 31, 2020 by Brunini Law

The IRS has recently extended the filing of all income tax returns and the payment of income and self-employment taxes due on April 15, 2020, to July 15, 2020.  In a FAQ on filing and payment deadlines, the IRS explains that you do not have to be sick, quarantined or otherwise impacted by COVID-19 for the extension to apply.  The extension does not apply to filing due dates on May 15, June 15 or any date other than April 15.  The extension does not apply to payroll, excise, or gift taxes.  Payroll and excise tax filing, deposit and payment dates continue to apply.  The deadline for IRA and HSA contributions by individuals and contributions to qualified retirement plans by employers whose tax returns are due on April 15 is extended to July 15.  Filing and Payment Deadlines Questions and Answers

Treasury extends filing and payment due date for certain taxes.

On March 18, 2020, the Internal Revenue Service advised that any taxpayer with income tax returns and payments normally due on April 15, 2020, will now have until July 15, 2020, to file such returns and pay their taxes.  This extension is automatic, so no formal extension request is required. The relief extends solely to 2019 Federal income tax payments, including self-employment tax payments, and Federal estimated income and self-employment tax payments for 2020.  No interest, penalty or additions to tax will accrue during the extension period.  IRS Notice 2020-18, superseding IRS Notice 2020-17.  Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic

HSA’s not Affected by Payment of COVID-19 Medical Expenses without Deductible.

In IRS Notice 2020-15, the Internal Revenue Service advised taxpayers that  a health plan that otherwise satisfies the requirements to be a “high deductible health plan” will not be disqualified because the plan provides medical care services and items purchased related to testing for and treatment of COVID-19 prior to the satisfaction of the applicable minimum deductible.  IRS Notice 2020-15.  High Deductible Health Plans and Expenses Related to COVID-19

IRS Announces People First Initiative.

The Internal Revenue Service has announced adjustments to its compliance and enforcement procedures to help people dealing with COVID-19 issues.  These include suspending payments on installment agreements due between April 1 and July15, 2020, extending offers in compromise deadlines and suspending payments until July 15, 2020,suspending liens  and levies initiated by field revenue offices and automated, systemic liens and levies.  The IRS will not start new field, office or correspondence examinations during this time, except for statute of limitations considerations.  Ongoing examinations will continue where possible without in-person meetings.  Appeals officers will continue  to work, but will not hold in person conferences.  IRS unveils new People First Initiative; COVID-19 effort temporarily adjusts, suspends key compliance program

IRS and DOL Announce Implementation of Paid Leave and Tax Credits.

In a March 20, 2020, news release, the IRS and the DOL announced its plan to implement paid leave and tax credits provided in the Families First Coronavirus Response Act (the “Act”).  The Act generally requires up to 80 hours of paid sick or child care leave related to COVID-19 illness.  Employers are entitled to reimbursement for up to 100% of the cost of wages for such leave, including health insurance costs in the form of payroll tax credits.  The credits are limited to $511 per day for employees who unable to work because they are in Coronavirus quarantine or self-quarantine or have Coronavirus symptoms and are seeking diagnosis or to $200 per day for employees who are caring for someone with Coronavirus or is caring for a child because the child’s school or child care facility is closed or provider is unavailable due to the Coronavirus.   An additional credit is available for health insurance costs for such affected employees during the time they are on leave from work.  The IRS advises that it will allow employers to reduce the amount of required payroll tax deposits by the amount of any credit available to the employer.   If the amount of the credit exceeds the required deposit, the IRS is going to allow employers to file a request for an accelerated payment from the IRS, which the IRS expects to process in two weeks or less.  Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave

Mississippi Department of Revenue Announces Extended Deadlines.

On March 23, 2020, the Mississippi Department of Revenue announced that the due date for all income tax returns and payments due on April 15, 2020, is postponed until May 15, 2020.  Withholding tax payments for the month of April are extended until May 15, 2020.  No interest or penalty will be imposed for the period of the extension.  The extension does not apply to Sales Tax, Use Tax or any other tax types.  Extensions for the COVID-19 Pandemic

Mississippi Department of Revenue issues press release addressing request for relief.

The Department issued a press release Thursday afternoon, March 26, 2020, addressing relief measures for Mississippi taxpayers.  Income tax returns and payments due on April 15, 2020, have been extended to May 15, 2020, without penalty and interest.  Deadlines for reporting and paying sales, use and local tax levies have not been extended, but the Department has agreed to delay imposition of interest and penalty on any unpaid tax balance for the period covered by the presidentially declared national emergency.  The Department has no authority to extend local property tax deadlines, but has approved the extensions of (i) homestead applications until May 1, 2020 from April 1, 2020, (ii) first Monday in April tax sales to May 4, 2020, (iii) the due date for personal property renditions from April 1, 2020, to May 1, 2020, (iv) the deadline for tax assessors to furnish land rolls to the Boards of Supervisors from the first Monday in July to the first Monday in August, and (v) the due date for net income statements of affordable rental housing from April 1, 2020, to April 15, 2020.  Mississippi has also suspended all penalty and interest accrual effective March 15, 2020, for the duration of the national emergency.

The Department will continue working open audits and take steps to minimize audit controversies and  it will abate penalty and interest on any audits closed during the period of national emergency if the taxpayer settles without appeal and work with taxpayers on deadline for production of records.

The Department will not change withholding requirements based on an employee’s temporary telework location, but it will not impose new withholding requirements and will not use any changes in temporary work locations to impose nexus or alter apportionment formulas.

Appeal deadlines are not extended based upon their acceptance of such filings by electronic means.

Practice Attorneys

  • Louis G. Fuller
  • William C. Penick IV
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