Notice 2020-43 to seek public comment on a proposed requirement for partnerships to use only one of two alternative methods to satisfy the Tax Capital Reporting Requirement with respect to partnership taxable years that end on or after December 31, 2020.  Comments received in response to this notice will help inform the development of the instructions to be included in Form 1065, U.S. Return of Partnership Income (to which the instructions for Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships, refer), and Partner’s Instructions for Schedule K-1 (Form 1065), for taxable year 2020. Partnerships and certain other persons report partner capital accounts in Box L on the Schedule K-1 (Form 1065) or in Box F on the Schedule K-1 (Form 8865), each as they currently appear on the 2019 forms (Tax Capital Reporting Requirement).  

Notice 2020-43 will be in IRB:    2020-27, dated 6/29/2020.

WASHINGTON – The Internal Revenue Service today provided guidance for Qualified Opportunity Funds (QOFs) and their investors in response to the ongoing Coronavirus Disease 2019 (COVID-19) pandemic.

Notice 2020-39 answers questions regarding relief from certain requirements under section 1400Z-2 of the Internal Revenue Code (Code) and the implementing regulations.  Additionally, the IRS has updated the Qualified Opportunity Zones frequently asked questions.

Taxpayers who sold property for an eligible gain and who would have had 180 days to invest in a QOF to defer that gain, may have additional time.  Notice 2020-39 provides that if a taxpayer’s 180th day to invest in a QOF would have fallen on or after April 1, 2020, and before December 31, 2020, the taxpayer now has until December 31, 2020 to invest that gain into a QOF. (The 180th day for some of these taxpayers was already postponed through July 15, 2020, under Notice 2020-23.)  In addition, the notice provides that the period between April 1, 2020, and December 31, 2020, is suspended for purposes of the 30-month period during which property may be substantially improved.

The guidance also provides that, due to the COVID-19 pandemic, a QOF’s failure to hold less than the 90% of its assets in Qualified Opportunity Zone Property on any semi-annual testing dates from April 1, 2020, through Dec. 31, 2020, is due to reasonable cause under section 1400Z-2(f)(3) and such failure does not prevent qualification of an entity as a QOF or an investment in a QOF from being a qualifying investment.  As such, the QOF will not be liable for the statutory penalty under section 1400Z-2(f) due to such a failure during this period.

For Qualified Opportunity Zone Business projects that meet the requirements of the 31-month working capital safe harbor under the final regulations, the notice reminds taxpayers that due to the COVID-19 pandemic these projects have up to an additional 24 months in which to expend their working capital. 

Similarly, the notice reminds taxpayers that due to the COVID-19 pandemic, QOFs that received distributions of QOF stock or partnership interests as a return of capital or realized proceeds from a sale of that stock, partnership interest or qualified opportunity zone property have an additional 12 months in which to reinvest those amounts in the manner intended before the COVID-19 pandemic.

For more information about tax relief resulting from the COVID-19 pandemic, go to the Coronavirus Tax Relief and Economic Impact Payments page on IRS.gov. 

WASHINGTON – The Internal Revenue Service today announced that interest rates will decrease for the calendar quarter beginning July 1, 2020.  The rates will be:  

• three (3) percent for overpayments [two (2) percent in the case of a corporation];
• one-half (0.5) percent for the portion of a corporate overpayment exceeding $10,000;
• three (3) percent for underpayments; and
• five (5) percent for large corporate underpayments. 

Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis.  For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus 3 percentage points. 

Generally, in the case of a corporation, the underpayment rate is the federal short-term rate plus 3 percentage points and the overpayment rate is the federal short-term rate plus 2 percentage points. The rate for large corporate underpayments is the federal short-term rate plus 5 percentage points. The rate on the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the federal short-term rate plus one-half (0.5) of a percentage point.

The interest rates announced today are computed from the federal short-term rate determined during April 2020 to take effect May 1, 2020, based on daily compounding.

Revenue Ruling 2020-13, announcing the rates of interest, is attached and will appear in Internal Revenue Bulletin 2020-26, dated June 22, 2020.

WASHINGTON – The Internal Revenue Service Office of Chief Counsel is expanding its Virtual Settlement Days program after the tremendous success achieved by three offices that took Settlement Days events virtual in May 2020.

Settlement Days events are coordinated efforts to resolve cases in the United States Tax Court (Tax Court) by providing taxpayers not represented by counsel the opportunity to receive free tax advice from Low Income Taxpayer Clinics (LITCs), American Bar Association (ABA) volunteer attorneys and other pro bono organizations. Taxpayers can also discuss their Tax Court cases and resolve related tax issues with members of the IRS Office of Chief Counsel, the Independent Office of Appeals and Collection. By doing so, unrepresented taxpayers are often able to amicably settle their tax disputes without a trial.

In response to office closures and social distancing requirements, the Office of Chief Counsel quickly shifted its Settlement Days event to a virtual environment. Settlement Days events have traditionally been held in-person, requiring LITC staffers, pro bono attorneys and taxpayers to travel to a designated meeting location. Virtual Settlement Days events take advantage of WebEx audio-visual conferencing software to allow taxpayers to join events from any location, including their homes.

The Office of Chief Counsel first announced its shift to Virtual Settlement Days on May 5, 2020. (See IR-2020-87.) As part of that, Virtual Settlement Days events were held on May 9 in Detroit in conjunction with the University of Michigan Law School LITC, and on May 21 in Atlanta in conjunction with the North Georgia Low Income Taxpayer Clinic.

“The response to these programs has been overwhelming, and it encouraged us to expand this initiative to help more people,” said IRS Chief Counsel Mike Desmond.

The Detroit office expanded its event to eight days. The Atlanta office expanded to two events, one in May and one in June. Between them, the Detroit and Atlanta offices resolved the cases of more than 50 taxpayers. Now, the Office of Chief Counsel is expanding Virtual Settlement Days to other offices and hosting events more frequently.

“Virtual settlement days represent a continuing effort by the IRS to deliver meaningful resolution options to taxpayers, especially during these difficult times,” IRS Commissioner Chuck Rettig said. “Virtual options represent an addition to traditional methods of communication and resolution, not a replacement. The IRS strives to assist every taxpayer, including many who do not have the ability to interact in a virtual environment. The IRS is open to innovative approaches like the virtual settlement days to help people. We welcome comments from taxpayers and others regarding additional methods by which the IRS can ease the burdens on people of our country facing tax issues.”

The Office of Chief Counsel’s Los Angeles office held its first Virtual Settlement Day on May 26, and now also has events scheduled for June 5, 9, 19 and 23, as well as July 7, 17 and 21. The Los Angeles office is working with six different LITCs to support these events. The Atlanta office also has additional events scheduled for June 16 and 17.

The Office of Chief Counsel’s Washington, D.C., office is inviting more than 60 unrepresented taxpayers to participate in its first Virtual Settlement Day on June 20, in conjunction with Catholic University Law Columbus Community Legal Services Low-Income Tax Clinic,  American University Law Janet R. Spragens Federal Tax Clinic, and Morgan Lewis Center for Public Interest Tax Law and Legal Services of Northern Virginia.

“The success of Virtual Settlement Days is only possible thanks to the strong partnership between the Office of Chief Counsel, LITCs and pro bono attorneys,” Desmond said.

The Office of Chief Counsel looks forward to organizing more Virtual Settlement Days in the coming weeks. The IRS encourages unrepresented taxpayers with active Tax Court cases to contact the assigned Chief Counsel attorney or paralegal about participating in a Virtual Settlement Days event. If a taxpayer’s case is currently under consideration by the IRS Independent Office of Appeals, the taxpayer should contact the assigned Appeals Officer to discuss case resolution.

Notice 2020-42 provides participants, beneficiaries, and administrators of qualified retirement plans and other tax-favored retirement arrangements with temporary relief from the physical presence requirement in § 1.401(a)-21(d)(6) for any participant election (1) witnessed by a notary public in a state that permits remote notarization, or (2) witnessed by a plan representative using certain safeguards. The guidance accommodates local shutdowns and social distancing practices and is intended to facilitate the payment of coronavirus-related distributions and plan loans to qualified individuals, as permitted by CARES Act.

Notice 2020-42 will be in IRB: 2020-26, dated June 22, 2020

WASHINGTON – With 159 million Economic Impact Payments processed, the Internal Revenue Service reminds many low-income Americans who don’t usually file tax returns to register for a payment by Oct. 15.

Millions of low-income people and others who aren’t required to file a tax return may be eligible for an Economic Impact Payment and can easily register for a payment by using the free Non-Filers tool, available only on IRS.gov.

“IRS employees worked around the clock to deliver the Economic Impact Payments and new tools to help taxpayers in record time,” said IRS Commissioner Chuck Rettig. “Even with these unprecedented steps, there remain people eligible for these payments who need to take action. Registering to receive the payments is easy, and millions of non-filers have already taken this step. We urge everyone to share this information widely to help more people receive these payments.”

In the past two months, more than 159 million Americans have received Economic Impact Payments totaling almost $267 billion. Of the payments, 120 million were sent to Americans by direct deposit, 35 million by check and 4 million payments were made in the form of a pre-paid debit card. This includes payments sent to those who usually do not have to file a tax return but receive retirement, survivor or disability benefits under various programs administered by the Social Security Administration as well as the Department of Veterans Affairs and the Railroad Retirement Board who qualify. These individuals can use Get My Payment to check on their payment status.

Non-Filers tool on IRS.gov helps millions; special feature remains available through Oct. 15

To help people who aren’t normally required to file a tax return, the IRS created the Non-Filers tool, available in English and Spanish, in partnership with the Free File Alliance. The Non-Filers tool is designed for people with incomes typically below $24,400 for married couples, and $12,200 for singles. This includes couples and individuals who are homeless. People can qualify, even if they do not have earned income or work. Usually, married couples qualify to receive a $2,400 payment while others normally qualify to get $1,200. People with qualifying children under 17 can get up to an additional $500 for each child. Anyone who already filed either a 2018 or 2019 return does not qualify to use this tool.

The Non-Filers tool will remain available through the summer and fall, though many eligible people without a filing obligation have already received an Economic Impact Payment. The IRS urges every other eligible non-filer to register soon to quickly receive their payment. Anyone who registers by Oct. 15 will receive their payment by the end of the year.

To help reach these non-filers, over the next few months the IRS will be conducting an extensive outreach and education effort to partner groups who serve homeless individuals, underserved communities, limited English households and others. As part of this effort, the agency has created an Economic Impact Payment partner page, and materials are available in multiple languages.

The IRS cautions that some people who need to file a tax return have been mistakenly using the Non-Filers tool to try to get an Economic Impact Payment.

For more Information on the Economic Impact Payment, including answers to frequently-asked questions and other resources, visit IRS.gov/coronavirus.

WASHINGTON –The Internal Revenue Service today provided temporary administrative relief to help certain retirement plan participants or beneficiaries who need to make participant elections by allowing flexibility for remote signatures.

The change relates to signatures of the individual making the election to be witnessed in the physical presence of a plan representative or notary public, including a spousal consent (“the physical presence requirement”).

Notice 2020-42 provides participants, beneficiaries, and administrators of qualified retirement plans and other tax-favored retirement arrangements with temporary relief from the physical presence requirement for any participant election (1) witnessed by a notary public in a state that permits remote notarization, or (2) witnessed by a plan representative using certain safeguards. The guidance accommodates local shutdowns and social distancing practices and is intended to facilitate the payment of coronavirus-related distributions and plan loans to qualified individuals, as permitted by the CARES Act.

Under today’s guidance, in the case of a participant election witnessed by a notary public, for the period from Jan. 1, 2020, through Dec. 31, 2020, the individual may use an electronic system facilitating remote notarization if executed via live audio-video technology that otherwise satisfies the requirements of participant elections and that is consistent with state law requirements that apply to the notary public. For the same period, in the case of a participant election witnessed by a plan representative, the individual may use an electronic system using live audio-video technology if the following requirements are satisfied:

1. The individual must be effectively able to access the electronic medium used to make the participant election;

2. The electronic system must be reasonably designed to preclude any person other than the appropriate individual from making the participant election;

3. The electronic system must provide the individual making the election with a reasonable opportunity to review, confirm, modify, or rescind the terms of the election before it becomes effective; and

4. The individual making the election, within a reasonable time, must receive confirmation of the election through either a written paper document or an electronic medium under a system that satisfies the applicable notice requirements.

Additional information about tax relief for those affected by the COVID-19 pandemic can be found on IRS.gov.

WASHINGTON – The Internal Revenue Service today reminded people who live and work abroad that they have until Wednesday, July 15, 2020, to file their 2019 federal income tax return and pay any tax due. The usual deadline is June 15.

This extension was included in a wide range of Coronavirus-related relief announced in early April. The extension generally applies to all taxpayers who have an income tax filing or payment deadline falling on or after April 1, 2020, and before July 15, 2020.

This means that anyone, including Americans who live and work abroad, nonresident aliens and foreign entities with a U.S. filing and payment requirement, have until July 15 to file their 2019 federal income tax return and pay any tax due.  Visit IRS.gov/Coronavirus for details.

Need more time beyond July 15?
Individual taxpayers who need additional time to file beyond the July 15 deadline can request a filing extension to Oct. 15 in one of two ways:

Businesses that need additional time to file income tax returns must file Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns.

Combat zone extension
Members of the military qualify for an additional extension of at least 180 days to file and pay taxes if either of the following situations apply:

Deadlines are also extended for individuals serving in a combat zone or a contingency operation in support of the Armed Forces. This applies to Red Cross personnel, accredited correspondents, and civilian personnel acting under the direction of the Armed Forces in support of those forces.

Spouses of individuals who served in a combat zone or contingency operation are generally entitled to the same deadline extensions with some exceptions.

Extension details and more military tax information is available in IRS Publication 3, Armed Forces’ Tax Guide

IRS.gov assistance 24/7
Tax help is available 24/7 on IRS.gov. The IRS website offers a variety of online tools to help taxpayers answer common tax questions. For example, taxpayers can search the Interactive Tax Assistant, Tax Topics, Frequently Asked Questions, and Tax Trails to get answers to common questions. Go to IRS.gov/payments for electronic payment options.

More information
The IRS will post frequently asked questions on IRS.gov/coronavirus and will provide updates as soon as they are available.

Announcement 2020-7 states that 1) the IRS plans to issue opinion letters with regard to the third six-year remedial amendment cycle for pre-approved defined contribution plans by June 30, 2020 or soon thereafter, 2) the IRS will accept from an employer eligible to submit a determination letter request an application for an individual determination letter under the third six-year remedial amendment cycle for pre-approved defined contribution plans from August 1, 2020 to July 31, 2022, and 3) an employer adopting a newly approved plan will be required to adopt the plan document by July 31, 2022. Rev. Proc. 2017-41, 2017-29 I.R.B 92, sets forth procedures for providers of pre-approved plans to obtain opinion letters, once every six years, for qualified pre-approved plans submitted with respect to the third (and subsequent) six-year remedial amendment cycles.  

WASHINGTON –The Treasury Department and the Internal Revenue Service today issued proposed regulations to help businesses understand how legislation passed in 2018 may benefit those claiming carbon capture credits.

The proposed regulations provide guidance regarding two new credits for carbon oxide captured using equipment originally placed in service on or after February 9, 2018, allowing up to:

Neither of these new credits is subject to a limitation on the number of metric tons of qualified carbon oxide captured.  The new law also expanded carbon capture to include “qualified carbon oxide,” a broader term than “qualified carbon dioxide.”  Prior to the change in law, carbon capture was limited to a total of 75,000,000 metric tons of qualified carbon oxide. 

Additionally, the proposed regulations address issues for which taxpayers had questions, including: procedures to determine adequate security measures for the geological storage of qualified carbon oxide, exceptions to the general rule for determining who the credit is attributable to, procedures for a taxpayer to make an election to allow third-party taxpayers to claim the credit, standards for measuring utilization of qualified carbon oxide and rules for credit recapture.

Prior guidance

After the enactment of the Bipartisan Budget Agreement in February 2018, the IRS issued Notice 2019-32 (PDF) requesting comments from taxpayers regarding the changes to the carbon capture credit in the new law. After carefully considering the comments, the IRS is issuing the proposed regulations to provide clarity.  Earlier this year, the IRS issued other guidance regarding the definition of "beginning of construction" and providing a safe harbor for partnerships.

In Notice 2020-12 (PDF), the IRS provides guidance to help businesses determine when construction has begun on a qualified facility or on carbon capture equipment that may be eligible for the carbon capture credit. This notice provides broad guidance in lieu of taxpayers requesting private letter rulings in this area.

In Revenue Procedure 2020-12 (PDF), the IRS creates a safe harbor for the allocation rules for carbon capture partnerships similar to the safe harbors developed for partnerships receiving the wind energy production tax credit and the rehabilitation credit. The safe harbor simplifies the application of carbon capture credit rules to partnerships able to claim the credit.