• April 9, 2020: The Treasury Department and the Internal Revenue Service issued Notice 2020-23, which amplified Notice 2020-18 and Notice 2020-20 and modified Rev. Proc. 2014-42 with respect to calendar year 2020, and provided additional relief, postponing certain time-sensitive actions. Generally, Notice 2020-23 provides that any person who has a federal tax return or other form filing obligation specified in the Notice that is due to be performed (originally or pursuant to a valid extension) on or after April 1, 2020, and before July 15, 2020, is an “affected person” and such filing obligation is automatically extended – with no additional action required by the affected person – to July 15, 2020. Affected persons eligible for extension relief generally include:
  • Individuals making income tax payments and filing income tax returns (as well as all schedules, returns, and other forms that are filed as attachments to such returns or required to be filed by the due date, including, for example, Forms 3520, 5471, 5472, 8621, 8805, 8858, 8865, and 8938)
  • Corporations (including S corporations) making income tax payments and filing income tax returns
  • Partnerships filing income tax returns
  • Estates and trusts making income tax payments and filing income tax returns
  • Estates making estate and generation-skipping transfer tax payments and filing related tax returns
  • Taxpayers making gift and generation-skipping transfer tax payments and filing related tax returns
  • Tax-exempt organizations making business income tax and other payments and filing related returns
  • Private foundations making excise tax payments on investment income and filing related returns
  • Individuals and tax-exempt organizations making quarterly estimated income tax payments
  • Any person performing a “time-sensitive action” listed in either section 301.7508A-1(c)(1)(iv)-(vi) of the Procedure and Administration Regulations or Revenue Procedure 2018-58, 2018-50 IRB 990 (December 10, 2018), due to be performed on or after April 1, 2020, and before July 15, 2020, which is an extremely long list of actions, but notably includes:
    • annual returns (including Form 990 series) of section 501(c) exempt organizations
    • The 45-day identification period and the 180-day reinvestment period required for an IRC section 1031 like-kind exchange
    • The 180-day period to make a qualified opportunity fund investment described in IRC section 1400Z-2(a)(1)(A)
    • The time for filing all petitions with the tax court, or for review of a decision rendered by the tax court
    • The time for filing a claim for credit or refund of any tax, and bringing suit upon a claim for credit or refund of any tax
    • The time for filing an “application for recognition of exemption” under section 501(c)
    • The time for filing a section 501(h) election or revocation
    • The time for filing all political organization notices and reports
    • The time for filing a notification of intent to operate as a section 501(c)(4) organization
    • The time for filing a community health needs assessment
    • The time for a private foundation to notify the IRS of its intent to begin a 60-month termination period
  • Although the extensions to July 15, 2020, are automatic, affected taxpayers who need even more time to file a return may choose to file the appropriate extension form by July 15, 2020, to obtain an extension to file their return (but not to make a payment), but the extension date may not go beyond the original statutory or regulatory extension date.
  • This relief also includes any installment payments under section 965(h) due on or after April 1, 2020, and before July 15, 2020.
  • Elections that are made or required to be made on a postposed filing shall be considered timely made if filed on such form or attachment, as appropriate, on or before July 15, 2020.
  • Notice 2020-23 also provides the IRS with additional time to perform certain time-sensitive actions.

Previous Guidance:

• March 27, 2020: The Treasury Department and the Internal Revenue Service issued Notice 2020-20, which amplified Notice 2020-18 and provided additional relief, postponing certain federal gift (and generation-skipping transfer) tax return filings and payments.
• March 20, 2020: The Treasury Department and the Internal Revenue Service issued Notice 2020-18, which superseded Notice 2020-17 and provided expanded relief, postponing the due date from April 15, 2020, until July 15, 2020, for filing federal income tax returns AND making federal income tax payments due April 15, 2020.
• March 18, 2020: The Treasury Department and the Internal Revenue Service issued Notice 2020-17, which postponed the due date for certain federal income tax payments from April 15, 2020, until July 15, 2020.