IRS sets end date for faxing refund claim forms amid coronavirus

The Internal Revenue Service is giving taxpayers until the end of the year before it stops its temporary procedures for faxing in Forms 1045 and 1139 for claiming tentative tax refunds.

The Internal Revenue Service is giving taxpayers until the end of the year before it stops its temporary procedures for faxing in Forms 1045 and 1139 for claiming tentative tax refunds, instead of mailing them, which it has allowed as part of its response to the COVID-19 pandemic.

In April, the IRS began allowing taxpayers to file both forms by fax while many IRS employees worked remotely and were unable to process the mail.

CORONAVIRUS IMPACT: ADDITIONAL COVERAGE

Nathan Horn-Mitchem is senior vice president and chief information security officer at Provident Bank.

Amanda LeClair is an analystat Forrester Research serving the needs of application development and delivery (AD&D) professionals. In this role, she helps clients understand the changing enterprise application services market and navigate the new engagement models of leading technology services firms. In her coverage, she explores business applications ecosystems, digital business transformation trends, and technology services spending patterns. Her research covers topics such as co-innovation, outcome-based services engagements, and the changing role of digital studios in services engagements.

Previous Work Experience

Prior to her current role as an analyst, Amanda was a researcher on Forrester's AD&D team. In that role, she contributed to Forrester's coverage of agile development and DevOps, led coverage on managing agile teams, and explored the intersection of design and customer experience with software development. She has extensive primary research experience, having served as research lead on Forrester Data's Global Business Technographics® Developer Survey and having conducted hundreds of research interviews with developers, VPs of technology, CIOs, and CTOs. In her role as a research associate, she contributed to Forrester's research on business technology transformation and technology market sizing.

Education

Amanda holds a B.A. in politics from Saint Anselm College.

Mark Van de Wiel is chief technology officer at HVR. Mark brings a strong background in data replication as well as real-time business intelligence and analytics to his role at HVR. Most recently, at Actian Corporation, Mark led a team of high performing solution architects. Prior to that, Mark developed extensions to Oracle’s GoldenGate replication product. Throughout his 15-plus year career, Mark has expanded his responsibilities from consultant to product management and business development. Mark holds an MSc in industrial engineering and management sciences from the Eindhoven University of Technology.

An individual, estate or trust can file Form 1045, Application for Tentative Refund, to apply for a quick tax refund resulting from the carryback of a net operating loss, the carryback of an unused general business credit, the carryback of a net section 1256 contracts loss, or an overpayment of tax due to a claim of right adjustment under section 1341(b)(1) of the Tax Code.

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IRS headquarters in Washington, D.C.
Andrew Harrer/Bloomberg

Corporations (other than S corps) can file Form 1139, Corporation Application for Tentative Refund, to apply for a quick refund of taxes from the carryback of a net operating loss (or a loss from operations of a life insurance company), the carryback of a net capital loss, the carryback of an unused general business credit, or an overpayment of tax from a claim of right adjustment under section 1341(b)(1).

The CARES Act, which Congress passed in March in response to the coronavirus crisis, included some provisions allowing companies to carryback their net operating losses for five years and file refund claims, giving them a quick capital infusion in the midst of the pandemic. Taxpayers with a net operating loss arising in a tax year starting in 2018, 2019 or 2020 can carry that loss back to each of the five preceding years unless the taxpayer elects to waive or reduce the carryback. The law also allows a carryback for a two-year period of NOLs for a tax year that began in 2017 and ended during 2018.

Another section of the CARES Act modifies the credit for prior-year minimum tax liability of corporations, including to accelerate the recovery of remaining minimum tax credits of a corporation for its 2019 taxable year from its 2021 taxable year and to allow a corporation to elect instead to recover 100 percent of any of its remaining minimum tax credits in its 2018 taxable year. In April, the IRS began allowing taxpayers on a temporary basis to fax in Forms 1045 and 1139 to expedite the tax refund process.

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However, on Wednesday, the IRS added an entry to its Frequently Asked Questions page describing the temporary procedures to say the procedure will end on Dec. 31, 2020. After midnight on New Year’s Eve, the fax numbers will no longer be operational. The IRS noted that the end of the faxing process is independent of any filing due dates. For example, the last day to file Form 1139 electing to take the 100 percent refundable minimum tax credit in 2018, is Dec. 30, 2020.

“Additionally, if you file one application for a tentative refund and claim both the NOL carryback and the minimum tax credit at the same time, you must file the application by the earliest applicable deadline,” the IRS noted.