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Weekly IRS Roundup March 30 – April 3, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 30 – April 3, 2020. Additionally, for continuing updates on the tax impact of COVID-19, please visit our resource page here.

March 30, 2020: Economic impact payments will be sent out over the next three weeks. These payments will be distributed automatically, with no action needed by most people. However, some taxpayers who typically do not file returns will need to submit a simple tax return to receive the economic impact payment. The Treasury Department plans to develop a web-based portal for individuals to provide their banking information to the IRS for direct deposit of the economic impact payments.

March 31, 2020: The Treasury Department and the Internal Revenue Service launched the Employee Retention Credit to encourage businesses financially impacted by COVID-19 to keep employees on their payroll. The refundable tax credit is 50 percent of qualifying wages of up to $10,000 paid by an eligible employer. The credit is available to all employers regardless of size, including tax-exempt organizations, with two exceptions: state and local governments and their instrumentalities and small businesses who take small business loans.

April 1, 2020: The IRS issued corrections to T.D. 9889, which contains final regulations governing the extent to which taxpayers may elect the federal income tax benefits with respect to certain equity interests in a qualified opportunity fund. Such regulations, issued on January 13, 2020, contained errors that may be misleading to taxpayers. These corrections are effective as of April 1, 2020, applicable as of January 13, 2020, and will be published to the Federal Register on April 6, 2020.

April 1, 2020: The Treasury Department and the IRS announced that Social Security beneficiaries who are not typically required to file tax returns will not need to file an abbreviated tax return to receive an Economic Impact Payment (“EIP”). The IRS will use the information on Form SSA-1099 and Form RRB-1099 to generate $1,200 EIPs for those who did not file tax returns in 2018 or 2019. Recipients will receive the EIP as a direct deposit or by paper check, just as they would normally receive their benefits.

April 2, 2020: The IRS issued a warning about COVID-19 related scams. The IRS reiterated that the IRS will not to call you to verify or provide your financial information so you can get an EIP or your refund faster. Taxpayers should also be on the lookout for emails, text messages, websites and social media messages that request money or personal information. Scammers may emphasize the words “stimulus check” or “stimulus payment.” The official term is “economic impact payment.

April 3, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Emily Mussio [...]

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Weekly IRS Roundup March 23 – 27, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 23 – 27, 2020. Additionally, for continuing updates on the tax impact of COVID-19, please visit our resource page here.

March 23, 2020: The US Tax Court cancelled trial sessions from May 4, 2020 through June 29, 2020 due to the COVID-19 outbreak. For further discussion, see here.

March 23, 2020: The IRS updated Publication 946, “How to Depreciate Property”, for use in preparing 2019 tax returns. The updated publication notes the dollar amount in effect for tax IRC Section 179 expensing and the retroactive extension for 2019 and the expiration of certain depreciation at the end of 2020.

March 23, 2020: Final regulations under IRC section 901(m) were released that deal with transactions that generally are treated as asset acquisitions for US income tax purposes and either are treated as stock acquisitions or are disregarded for foreign income tax purposes. These regulations are necessary to provide guidance on applying section 901(m). These regulations affect taxpayers claiming foreign tax credits.

March 24, 2020: The IRS published Questions & Answers (Q&As) regarding the federal income tax filing and payment extension to July 15 to the COVID-19 outbreak. The Q&As provide supplemental information from Notice 2020-18. For further discussion, see here.

March 25, 2020: The IRS announced the “People First Initiative” in response to the COVID-19 outbreak to assist taxpayers in ways such as easing payment guidelines and postponing compliance actions. For further discussion, see here.

March 25, 2020: The IRS released guidance on Forms 8985 and 8986, Part II, Item G, to enter the date the audited partnership originally furnished the Forms 8986 to its partners.

March 27, 2020: The IRS announced Erin M. Collins will be the National Taxpayer Advocate and lead the Taxpayer Advocate Service, an independent organization within the IRS. Collins will start as the National Taxpayer Advocate on March 30, 2020, ahead of the original scheduled start date, due to the COVID-19 outbreak.

March 27, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Emily Mussio in our Chicago office for this week’s roundup.




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No IDR Enforcement During COVID-19

Yesterday, the Internal Revenue Service (IRS) announced in a memorandum to all Large Business & International (LB&I) division employees that it was suspending the normal Information Document Request (IDR) procedures. The letter suspends enforcement until July 15, 2020; however, LB&I managers will have the discretion to continue with the IDR enforcement process when in their judgment the interests of tax administration warrant (e.g., cases with short statutes, listed transactions or fraud development). The memorandum, however, does not tell examining agents to stop issuing IDRs or working on their cases as the suspension relates only to enforcement of IDRs.

Practice Point: The suspension of the IDR enforcement procedures is welcome news to taxpayers with ongoing audits. With tax professionals displaced in their homes while mandatory self-isolation continues, meeting IDR deadlines has been challenging. We suggest, however, that taxpayers try to continue to work on their responses to IDRs the best they can so that when the world goes back to normal, responding to IDRs will not be high on the list of things to be done.




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IRS to Temporarily Adjust Operations and Key Compliance Functions

On March 25, 2020, the Internal Revenue Service (IRS) announced a new People First Initiative designed to provide relief to taxpayers on a variety of issues ranging from easing payment guidelines to postponing compliance actions in light of the challenges caused by the Coronavirus (COVID-19) pandemic. The initiative’s projected start date is April 1, 2020, and it is planned to continue through at least July 15, 2020. During this period, the IRS will avoid in-person contacts as much as possible while focusing on taking the steps necessary to protect all applicable statutes of limitation.

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Weekly IRS Roundup March 16 – 20, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 16 – 20, 2020. Additionally, for continuing updates on the tax impact of COVID-19, please visit our resource page here.

March 17, 2020: The IRS published Rev. Rul. 2020-9 to provide various prescribed rates for federal income tax purposes for April 2020.

March 18, 2020: The US Tax Court announced that it will close effective March 18, 2020 until further notice. Mail will be held for delivery until the US Tax Court reopens. Taxpayers may comply with statutory deadlines for filing petitions or notices of appeal by timely mailing a petition or notice of appeal, which will be determined by the United States Postal Service’s postmark or the delivery certificate of a designated private delivery service. The eAccess and eFiling systems will remain operational. For more information, see here.

March 19, 2020: The IRS released clarifications to the Instructions for Form 1065-X, Amended Return or Administrative Adjustment Request (AAR). The clarifications relate to the changes resulting from the Bipartisan Budget Act of 2015.

March 20, 2020: The IRS announced that the due date for paying taxes and filing returns is pushed back from April 15, 2020 to July 15, 2020 for individuals and businesses in response to the COVID-19 outbreak. Associated interest, additions to tax and penalties for late payment will also be suspended until July 15, 2020 and begin to accrue on July 16, 2020. This relief is automatic, no forms need to be filed to qualify. State filing and payment deadlines vary and taxpayers should consult the rules of each applicable state. For more information, see here.

March 20, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Emily Mussio in our Chicago office for this week’s roundup.




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IRS Provides Some Relief from Tax Payment (But Not Filing) Deadlines Due to COVID-19

On March 13, 2020, President Trump issued an emergency declaration that directed Secretary Mnuchin to provide appropriate relief from tax payment deadlines to Americans who have been adversely affected by the COVID-19 pandemic. In response to this direction, the IRS issued Notice 2020-17. The Notice declares that all taxpayers have been affected by the emergency and gives all taxpayers an extension of time until July 15, 2020, to make certain income tax payments that would otherwise have been due on April 15, 2020 (however, at this time, tax returns must still be filed by the April 15 deadline absent an extension).

We outline the specifics.

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The Tax Impact of Recent Federal Actions Relating to COVID-19

On March 13, 2020, President Trump signed a Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”).

By invoking the Stafford Act, the President provides the Internal Revenue Service (IRS) and US Department of the Treasury (the “Treasury”) significant authority to offer tax relief to those in federally designated disaster areas. While it is not uncommon for a state or locality to be designated as an emergency or disaster area, the severity of the COVID-19 outbreak has required a national response. The President’s declaration has led the Federal Emergency Management Agency (FEMA) to declare an emergency in every state, territory and certain tribal lands. A list of each declaration is available on FEMA’s website and will be updated as more specific forms of relief are authorized.

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Weekly IRS Roundup March 9 – 13, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 9 – 13, 2020.

March 10, 2020: The IRS published a practice unit on how to compute the alternative minimum foreign tax credit. The public unit includes the framework for computing such alternative minimum foreign tax credit under IRC section 59.

March 10, 2020: The IRS released revised instructions for various information returns for 2020. The instructions were updated to reflect the PATH Act accelerating the due date for filing Form 1099 that included nonemployee compensation to January 31. Additionally, Form 1097-BTC, Form 1098-C, Form 1098-F, Form 1098-MA, Form 1098-Q, Form 1099-CAP, Form 1099-LS, Form 1099-LTC, Form 1099-OID, Form 1099-Q, Form 1099-SA, and Form 1099-SB and its instructions have been converted from annual updates to continuous use forms and instructions.

March 11, 2020: The Chief Counsel’s Office adopted 14-point Times New Roman as the standard font for all documents filed with the US Tax Court.

March 11, 2020: The US Tax Court cancelled sessions in a number of cities to contain the spread of Coronavirus. Some major cities cancelled sessions as far out as March 30, 2020. For more coverage, see here.

March 12, 2020: The IRS released clarifications to the 2019 Partner’s Instructions for Schedule K-1. The changes affect Code F IRC section 743(b) positive income adjustments, Code V IRC section 743(b) negative income adjustments, Code AA IRC section 704(c) information, and Code AH information.

March 12, 2020: The IRS released Notice 2020-16, which provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under IRC section 417(e)(3), and the 24-month average segment rates under IRC section 430(h)(2). The notice also provides guidance as to the interest rate on 30-year Treasury securities under IRC section 417(e)(3)(A)(ii)(II) for plan years beginning before 2008 and the 30-year Treasury weighted average rate under IRC section 431(c)(6)(E)(ii)(I).

March 13, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Emily Mussio in our Chicago office for this week’s roundup.




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Weekly IRS Roundup March 2 – 6, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of March 2 – 6, 2020.

March 2, 2020: The US Treasury Department and the IRS released tax year 2018 statistics to the public, including both individual income tax returns (Form 1040’s) filed through mid-November of 2019 and filings by charitable organizations through December of 2019. The Treasury Department reported that overall average adjusted gross income (AGI) rose by 5.7% relative to the same period the prior year.

March 6, 2020: The IRS issued final regulations that correct TD 9890, which provides guidance on certain due diligence and reporting rules applicable to persons making certain US source payments to foreign persons and guidance on certain aspects of reporting by foreign financial institutions on US accounts. The correction updates the table of contents entries for Example 4 in Treas. Reg. § 1.1441-6(b)(2)(iv)(D).

March 2, 2020: The IRS issued a revenue procedure providing an exemption from the information reporting requirements under IRC section 6048 for certain US individuals with respect to their transactions with, and ownership of, certain tax-favored foreign retirement trusts and nonretirement savings trusts. The revenue procedure also establishes procedures for eligible individuals to request an abatement of penalties that have been assessed or a refund of penalties that have been paid pursuant to IRC section 6677 for the individuals’ failure to comply with information reporting requirements.

March 4, 2020: The Statistics of Income Division of the IRS released Publication 5398, which reports the AGI percentiles by state for the 2017 tax year. In 2017, the AGI cutoff for the top 1 percent of the US income distribution was $516,714; the average AGI for this group of taxpayers was $1,625,221, with labor income, capital income and business income as their three primary sources of income.

March 6, 2020: The IRS changed the date of a public hearing on proposed regulations under IRC section 274, regarding expenditures related to entertainment, amusement or recreation activities. The public hearing, which was originally scheduled for April 7, 2020, has been rescheduled for April 29, 2020. The IRS requests that comments be received by April 13, 2020.

March 6, 2020: The IRS released Instructions to Schedule D of Form 1040, advising taxpayers who are eligible to roll over gain from empowerment zone assets for 2018 (potentially due to recent legislation restoring the empowerment zone rollover for 2019 and retroactively extending it to 2018) to file an amended return using Form 1040-X. The IRS explained how taxpayers may determine if they are eligible to postpone their gain and, if so, how such taxpayers may report their position to the IRS.

March 6, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Jenni [...]

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Weekly IRS Roundup February 24 – 28, 2020

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of February 24 – 28, 2020.

February 24, 2020: The IRS released final instructions to Form 8978, Partner’s Additional Reporting Year Tax, to reflect changes to the audit procedures of partnerships under the 2015 BBA. Under IRC section 6226, a partnership may elect to have each reviewed year partner take into account the partner’s share of the partnership’s adjustments, instead of the partnership paying the imputed underpayment determined under Section 6221.

February 24, 2020: The IRS issued a news release naming Brendan O’Dell, a senior advisor in the IRS LB&I Division, as the IRS’ new Promoter Investigations Coordinator. O’Dell will coordinate promoter activity across the agency, working with the IRS business units, the Office of Professional Responsibility, Criminal Investigation, Chief Counsel and other IRS offices to ensure coordination of ongoing investigations and the development of new approaches to identify promoters of aggressive tax arrangements.

February 27, 2020: The IRS issued final regulations that correct TD 9885, the base erosion and anti-abuse regulations that were published on December 6, 2019. The corrections clarify two-timing thresholds, stating that the final regulations extend the transition period for meeting the complete QDP reporting requirements until taxable years beginning on or after Monday, June 7, 2021 and that Section 1.6038A-2(b)(7)(ix) applies to taxable years beginning on or after Monday, June 7, 2021.

February 27, 2020: The IRS updated Publication 590-A, which addresses contributions to individual retirement arrangements (IRAs) under IRC section 408A. The IRS provided the correct procedure to determine modified adjusted gross income for Roth IRA purposes.

February 27, 2020: The Treasury and the IRS announced the appointment of Erin M. Collins as the new National Taxpayer Advocate. For our separate discussion of the appointment, as well as other recent tax appointments, see here.

February 28, 2020: The Statistics of Income (SOI) Division of the IRS released the SOI Bulletin for winter 2020. The bulletin focuses on individual foreign-earned income and the foreign tax credit for the 2016 tax year, when the total amount of foreign-earned income reported by US taxpayers decreased by 11.2% from 2011, while the foreign-source gross income reported by US taxpayers during that time increased by 19.5%. The SOI Bulletin provides the most recent data available from various tax and information returns filed by US taxpayers.

February 28, 2020: The IRS released a revenue ruling and a related news release announcing that interest rates under IRC section 6621 will remain the same for the calendar quarter beginning April 1, 2020. IRC section 6621 establishes the interest rates on overpayments and underpayments of tax, including a specific rate for large corporate underpayments. The revenue ruling will appear in the Internal Revenue Bulletin 2020-12, dated March 16, 2020.

February 28, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Jenni [...]

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