IRS Tax News

  • 20 May 2020 4:48 PM | Anonymous

    Revenue Procedure 2020-32 provides the 2021 inflation adjusted amounts for Health Savings Accounts as determined under § 223 of the Internal Revenue Code. 

    Revenue Procedure 2020-32 will be in IRB:  2020-24, dated June 8, 2020.


  • 19 May 2020 3:42 PM | Anonymous

    Announcement 2020-06 provides the Treasury Department and IRS view on how to interpret references in U.S. income tax treaties to the North American Free Trade Agreement (NAFTA) once it is replaced by the Agreement between the United States Canada and Mexico (the USMCA).  The announcement provides that once the USMCA goes into force, the IRS and Treasury will interpret any references to NAFTA in a U.S. income tax treaty as a reference to the USMCA. 

    Announcement 2020-06 will be in IRB:  2020-23, dated 06/01/2020.


  • 18 May 2020 8:13 AM | Anonymous

    Due to COVID-19, the IRS is providing relief on a variety of issues as part of the People First Initiative. The IRS is modifying certain activities through the filing and payment deadline, Wednesday, July 15, 2020. Here’s what people need to know about relief related to IRS exams or audits

    Field, office and correspondence audits– Generally, the IRS won’t start new field, office and correspondence audits. The agency will continue to work refund claims, where possible, without in-person contact.
    However, the IRS may start new audits if needed to preserve the statute of limitations.

    In-person meetings – In-person meetings for current field and office audits are on hold. However, examiners will continue their work remotely, where possible. Taxpayers should respond to any requests for information during this period, if possible.

    Unique situations – Corporations and businesses may want to begin a previously scheduled audit while people and records are available. When it's in the best interest of both parties and appropriate people are available, the IRS may move forward with an audit. COVID-19 developments could slow activities.

    General requests for information – Taxpayers should reply to all IRS correspondence, if requested. 

    Earned income tax credit and wage verification reviews – Taxpayers have until July 15, 2020, to respond to the IRS and verify that they qualify for the earned income tax credit or to verify their income. These taxpayers should submit all requested information. If they can’t contact the agency and explain why the information is not available, the IRS won’t deny these credits for a failure to provide information until July 15, 2020.

    Independent Office of Appeals – Appeals employees will continue to work their cases. They aren’t currently holding in-person meetings, but conferences may be held by phone or video. Taxpayers should respond to any requests for information form the Independent Office of Appeals.

    Statute of limitations – The IRS will continue to protect all statutes of limitations. If statute expirations might be jeopardized during this period, taxpayers are encouraged to cooperate in extending these statutes. Otherwise, the IRS will issue Statutory Notices of Deficiency and pursue similar actions to protect the interests of the government.

    Share this tip on social media -- #IRSTaxTip: IRS People First Initiative provides relief to taxpayers. https://go.usa.gov/xvstn

  • 15 May 2020 2:19 PM | Anonymous

    Revenue Ruling 2020-12 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates for June 2020, the adjusted applicable federal interest rates, the adjusted federal long-term rate, the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by § 1274. 

    Revenue Ruling 2020-12 will be in IRB:  2020-24, dated June 8, 2020.


  • 15 May 2020 1:16 PM | Anonymous

    WASHINGTON – The Internal Revenue Service announced today the availability of additional material for partner groups sharing information related to Economic Impact Payments, including a new toolkit in Spanish and a variety of other print and visual items available.

    Even with more than 130 million Economic Impact Payments delivered to date and millions more on the way, there are still people who may not realize they may qualify for a payment of $1,200 or more. To help reach people who don’t normally file a tax return, the IRS has embarked on a sweeping outreach effort to share information in multiple languages inside and outside the tax community.

    “From the enactment of the CARES Act, the IRS has embarked on an unprecedented outreach effort to share information about Economic Impact Payments,” said IRS Commissioner Chuck Rettig. “We want to reach every eligible person and encourage everyone to share this information with family and friends, and groups and businesses to send it to partners and clients. During these difficult times, each of you can make a difference by helping us help others.”

    The IRS has placed a special emphasis on partnering with new organizations that work with groups focusing on veterans, homeless, low-income taxpayers as well as non-English speaking audiences to share information about the payments. In all, the IRS has worked with thousands of partners across the country reaching organizations representing hundreds of millions of taxpayers.

    Special materials available on IRS.gov; Partner toolkit available in English and Spanish

    To help share information with your family, friends, partners and clients, the IRS has more than 40 ready-to-use materials available. These are available at Economic Impact Payments: Partner and Promotional Materials. These materials include:

    • IRS e-posters and Twitter images that can be used on websites, social media, newsletters and other platforms.
    • Print materials include Tax Tips, short, plain English summaries of EIP, and “Ready to Use” articles that can be shared with family, friends, partners and clients in emails, newsletters and web sites.

    The IRS also has a special partner toolkit now available in both Spanish and English. The toolkit offers a summary of various items related to Economic Impact Payments that partner groups can share.

    In addition, the IRS has been working closely with partners in the tax community as the private sector worked to translate key Economic Impact Payments into more than two dozen different languages to get key information to more people.

    IRS social media shares information

    The IRS continues regularly sharing Economic Impact Payment information on social media. Organizations are encouraged to share these information items, which also including new developments related to Economic Impact Payments and other provisions related to the CARES Act:

    IRS works with other federal agencies to share information

    As part of the wider outreach effort, the IRS has been working with other federal agencies to share information, ranging from the Treasury Department and the Bureau of Fiscal Service to the Social Security Administration and the Department of Veterans Affairs. In addition to those groups, a number of federal agencies have additional information of interest to taxpayers, including:

    • FDIC. To help people without bank accounts obtain an Economic Impact Payment, the FDIC website has created a special page. It includes information for people describing where to find a bank that can open an account online and how to choose the right account.
    • Consumer Financial Protection Bureau. CFPB has produced several videos related to Economic Impact Payments and other COVID-19 information.
  • 15 May 2020 11:09 AM | Anonymous

    The Families First Coronavirus Response Act provides tax credits to reimburse employers for the costs of providing paid sick leave and paid family and medical leave to employees unable to work because of the coronavirus (COVID-19). These credits are refundable. That means if the amount of the credit exceeds the amount of tax owed, the remainder is refunded to the business or organization.

    The law is intended to allow employers to keep employees on their payrolls, while at the same time making sure employees aren’t forced to choose between their paychecks and public health measures needed to combat COVID-19.

    These credits are available to eligible employers beginning April 1, 2020, for qualifying leave they provide between April 1, 2020, and Dec. 31, 2020.

    Covered employers
    Eligible employers are businesses and tax-exempt organizations with fewer than 500 full-time and part-time employees within the United States or any U.S. territory or possession and that have to meet employer paid leave requirements. The Questions and Answers and regulations issued by the U.S. Department of Labor have more information about the 500-employee threshold and the paid leave requirements.

    The law allows equivalent credits for self-employed individuals in similar circumstances. For details, see specific provisions related to self-employed individuals in the COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs.

    Paid sick leave requirement and credit
    Employees of eligible employers who are unable to work or telework because they’re quarantined or experiencing COVID-19 symptoms and seeking a medical diagnosis can receive up to 80 hours of paid sick leave. This pay is at their regular rate of pay or, if higher, the applicable minimum wage, up to $511 per day and $5,110 in total.

    Employees can receive up to 80 hours of paid sick leave at 2/3 of their regular pay or, if higher, the applicable minimum wage, up to $200 per day and $2,000 in total. Employees can receive this benefit if they need to care for:

    • an individual subject to quarantine,
    • a child whose school or place of care is closed, or
    • a child whose child-care provider is unavailable,

    due to COVID-19 or because they’re experiencing similar conditions as specified by the U.S. Department of Health and Human Services.

    An employee is eligible for paid sick leave, regardless of length of employment.

    The eligible employer is entitled to a fully refundable tax credit equal to the required paid sick leave wages. Eligible employers can also get an additional credit for the employer’s share of Medicare tax imposed on the qualfied sick leave wages and the cost of maintaining health insurance coverage for the employee during the sick leave period. The employer is not subject to the employer portion of Social Security tax on those wages. 

    Paid family and medical leave requirement and credit
    In addition to the paid sick leave credit, an employee who is unable to work or telework because of a need to care for a child whose school or place of care is closed or whose child-care provider is unavailable due to COVID-19, is entitled to paid family and medical leave equal to 2/3 of the employee’s regular pay, up to $200 per day and $10,000 in total. Up to 10 weeks of qualifying leave can be counted toward the paid family leave credit. 

    An employee qualifies for paid family and medical leave if they’ve been on an employer’s payroll for 30 calendar days or more.

    The eligible employer is entitled to a fully refundable tax credit equal to the required paid family leave wages. Eligible employers can also get an additional credit for the employer’s share of Medicare tax imposed on those wages and its cost of maintaining health insurance coverage for the employee during the family leave period. The eligible employer isn’t subject to the employer portion of Social Security tax on those wages.

    Example. An employee’s child-care provider is unavailable indefinitely due to the COVID-19 outbreak, leaving the employee unable to work or telework because of the need to care for their child. For up to the first 80 hours of any period of leave to care for their child, the employee is entitled to qualified sick leave wages, up to $200 per day and $2,000 in total. After that, the employee is entitled to qualified family leave wages for up to 10 weeks of additional leave needed, up to $200 per day and $10,000 in total.

    How to claim the credits
    Eligible employers report their total qualified leave wages and the related credits for each quarter on their federal employment tax return, usually Form 941, Employer’s QUARTERLY Federal Tax Return. They can receive the benefit of the credits by reducing their federal employment tax deposits for that quarter by the amount of the qualified leave wages, allocable qualified health plan expenses, and the employer’s share of Medicare tax on the wages. They’ll account for the reduction in deposits due to the leave credits on the Form 941 they file at the end of the quarter.   The IRS recently posted Frequently Asked Questions about the ability both to reduce deposits for the credits and to defer the deposit of all of the employer’s portion of Social Security tax due before January 1, 2021 under a separate provision in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. 

    If employers don’t have enough federal employment taxes to cover the amount of the credits, after they have deferred deposits of employer Social Security taxes under the CARES Act as discussed in the Frequently Asked Questions, they may request an advance payment of the credits from the IRS by submitting Form 7200, Advance Payment of Employer Credits Due to COVID-19. They may fax their completed forms to 855-248-0552.

    Examples: An eligible employer is entitled to a credit of $5,000 for paying qualified sick leave wages and qualified family leave wages (and allocable health plan expenses) and is otherwise required to deposit $8,000 in federal employment taxes withheld from all of its employees for wage payments made during the same quarter as the $5,000 in qualified leave wages. The employer may keep up to $5,000 of the $8,000 of taxes it was going to deposit, and it will not owe a penalty for keeping the $5,000.  The eligible employer will claim the credit and reflect the reduced liability for the $5,000 when it files Form 941.

    An eligible employer is entitled to a credit of $10,000 for paying qualified leave wages (and allocable qualified health plan expenses) and is otherwise required to deposit $8,000 in federal employment taxes withheld from all of its employees on wage payments made during the same quarter. The employer can keep the entire $8,000 of taxes that it was otherwise required to deposit without penalties as a portion of the credits it is otherwise entitled to claim on Form 941. The employer may file a request for an advance credit for the remaining $2,000 by completing Form 7200.

    Keep records to substantiate claims
    Eligible employers claiming the credits must keep records and documentation supporting each employee’s leave. The COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs has more information about the documents needed to support the employee’s leave and the employer’s credit.

    An employer should keep all employment tax records for at least four years.

    The Questions and Answers issued by the U.S. Department of Labor have more information about the leave requirements.

    More information:
    Coronavirus Tax Relief
    IR-2020-57, 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.

  • 13 May 2020 9:26 AM | Anonymous

    IRS.gov has answers to many questions people may have about their Economic Impact Payment. Here are answers to some of the top questions people are asking about these payments. 

    Is this payment considered taxable income?

    No, the payment is not income and taxpayers will not owe tax on it. The payment will not reduce a taxpayer’s refund or increase the amount they owe when they file their 2020 tax return next year. A payment also will not affect income for purposes of determining eligibility for federal government assistance or benefit programs.


    Can people who receive a Form SSA-1099 or RRB-1099 use Get MyPayment to check their payment status?

    Yes, they will be able to use Get My Payment to check the status of their payment after verifying their identity by answering the required security questions.


    If someone’s bank account information has changed since they filed their last tax return, can they update it using Get My Payment?

    To help protect against potential fraud, the tool also does not allow people to change direct deposit bank account information already on file with the IRS.

    If the IRS issues a direct deposit based on the account information that the taxpayer provided on their tax return and the bank information is now invalid or the account has been closed, the bank will reject the deposit. The agency will then mail payment as soon as possible to the address they have on file. Get My Payment will be updated to reflect the date a payment will be mailed. It will take up to 14 days to receive the payment, standard mailing time.


    Where can people get more information?

    Taxpayers who are required to file a tax return, can go to IRS Free File to file electronically. If they aren’t required to file, they should go to the Non-Filers: Enter Payment Info Here tool and submit their information to receive an Economic Impact Payment.

    For the complete lists of FAQs, visit the Economic Impact Payment and the Get My Payment tool pages on IRS.gov. The IRS updates these FAQs regularly.

    The IRS encourages people to share this information with family and friends.


    Share this tip on social media -- #IRSTaxTip: What people really want to know about Economic Impact Payments. https://go.usa.gov/xvst9

  • 12 May 2020 2:20 PM | Anonymous

    Notice 2020-37 provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the Internal Revenue Code.  In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), as reflected by the application of § 430(h)(2)(C)(iv). 

    Notice 2020-37 will be in IRB: 2020-23, dated June 1, 2020.


  • 12 May 2020 12:48 PM | Anonymous

    Notice 2020-29 provides for increased flexibility with respect to mid-year elections made under a § 125 cafeteria plan during calendar year 2020 related to employer-sponsored health coverage, health Flexible Spending Arrangements (health FSAs), and dependent care assistance programs. The notice also provides increased flexibility with respect to grace periods to apply unused amounts in health FSAs to medical care expenses incurred through December 31, 2020, and unused amounts in dependent care assistance programs to dependent care expenses incurred through December 31, 2020. Further, the notice provides that the relief provided in Notice 2020-15, 2020-14 IRB 559 regarding high deductible health plans and expenses related to COVID-19, and in Section 3701 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) regarding a temporary exemption for telehealth services, may be applied retroactively to January 1, 2020. This notice is being issued to assist with the nation’s response to the 2019 Novel Coronavirus (COVID-19), this notice

    Notice 2020-33 increases the $500 limit for unused amounts remaining in a health flexible spending arrangement (health FSA) that may be carried over into the following year by making the carryover amount 20 percent of the maximum salary reduction amount under § 125(i), which is indexed for inflation. This calculation had been the basis for the $500 limit under Notice 2013-71, but the $500 limit did not incorporate the indexing.  Thus, for 2020, under this new notice the carryover amount will increase to $550.  The notice cross references Notice 2020-29 for guidance on how a § 125 cafeteria plan may be amended to allow prospective health FSA election changes for the 2020 calendar year. Notice 2020-29 provides relief in response to the COVID-19 pandemic that, among other things, permits employers to amend § 125 cafeteria plans to provide participants flexibility to change health FSA contribution elections at such times as the employer permits through the end of 2020, provided that any changes are applied only prospectively.  Regarding individual coverage health reimbursement arrangements (HRAs), the notice also provides clarification regarding reimbursement for premium expenses occurring prior to the beginning of the plan year (generally addressing the need to pay the premium for January health insurance coverage in December of the previous year).

    Both Notice 2020-29 & Notice 2020-33 will be in IRB-2020-22, dated May 26, 2020.

  • 12 May 2020 12:47 PM | Anonymous

    WASHINGTON –The Internal Revenue Service today released guidance to allow temporary changes to section 125 cafeteria plans. These changes extend the claims period for health flexible spending arrangements (FSAs) and dependent care assistance programs and allow taxpayers to make mid-year changes.

    The guidance issued today addresses unanticipated changes in expenses because of the 2019 Novel Coronavirus (COVID-19) pandemic and provides that previously provided temporary relief for high deductible health plans may be applied retroactively to January 1, 2020, and it also increases for inflation the $500 permitted carryover amount for health FSAs to $550.

    Notice 2020-29 provides greater flexibility for taxpayers by:

    • extending claims periods for taxpayers to apply unused amounts remaining in a health FSA or dependent care assistance program for expenses incurred for those same qualified benefits through December 31, 2020.
    • expanding the ability of taxpayers to make mid-year elections for health coverage, health FSAs, and dependent care assistance programs, allowing them to respond to changes in needs as a result of the COVID-19 pandemic.
    • applying earlier relief for high deductible health plans to cover expenses related to COVID-19, and a temporary exemption for telehealth services retroactively to January 1, 2020.

    Notice 2020-33 responds to Executive Order 13877, which directs the Secretary of the Treasury to “issue guidance to increase the amount of funds that can carry over without penalty at the end of the year for flexible spending arrangements.” The notice increases the limit for unused health FSA carryover amounts from $500, to a maximum of $550, as adjusted annually for inflation.

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