IRS News Release States There Will Be No Additional Delay of the 2020 Due Date Past July 15

In a news release the IRS announced that there will not be a second postponement of the tax filing deadline past July 15.[1] Treasury Secretary Mnuchin had been quoted recently as saying that the Treasury had not yet ruled out extending the deadline a second time, but now it appears that decision has been made.

The announcement states:

The Department of the Treasury and IRS today announced the tax filing and payment deadline of July 15 will not be postponed. Individual taxpayers unable to meet the July 15 due date can request an automatic extension of time to file until Oct. 15.

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Relief Granted for Time to Take Certain Actions Related to Employee Benefit Plans, Payroll Taxes and Related to Exempt Organizations

The IRS has expanded relief for the performance of certain time sensitive actions in Notice 2020-35.[1] The relief provision covers:

  • Certain employment taxes,

  • Employee benefit plans,

  • Exempt organizations,

  • Individual retirement arrangements (IRAs),

  • Coverdell education savings accounts,

  • Health savings accounts (HSAs), and

  • Archer and Medicare Advantage medical saving accounts (MSAs).

The notice also provides “a temporary waiver of the requirement that Certified Professional Employer Organizations (CPEOs) file certain employment tax returns and their accompanying schedules on magnetic media.”[2]

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IRS Extends Filing Date Relief Given to Harvey Victims to Victims of Irma

The IRS has announced forms of due date and other relief for individuals impacted by Hurricane and Tropical Storm Harvey in Houston and surrounding areas, with relief later provided for victims of Hurricane Irma in Florida and Puerto Rico.

The IRS has announced information related to relief provided under IRC §7508A for performing certain acts in News Release IR-2017-135.  IRC §7805A provides that the IRS may authorize a delay of up to one year to allow taxpayers to perform certain acts when the taxpayer is affected by a federally declared disaster or terroristic or military action. Similar relief was extended to taxpayers in Florida and Puerto Rico affected by Hurricane Irma in News Release 2017-150.

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Disaster Relief Delay for Actions Does Not Provide for Relief from Penalties or Interest for Acts With Due Date Before Disaster

IRC §7508A allows the IRS, for taxpayers affected by a federally declared disaster, terrorist, or military action, to delay for up to one year the period for performing certain acts under the IRC and, in such cases, disregarding such period for the imposition of interest, penalties, etc. related to that act.  In Chief Counsel Email 201723023, the question raised was whether who had failed to, say, file a return before the disaster took place would have penalties and interest waived for the period in question.

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