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.
Daniel J. McMahon, CPA, is the founder and managing partner of Integrated Growth Advisors (IGA), a value creation and growth advisory firm focused on empowering business leaders to systematically enhance their revenues, profitability, sustainability and value. IGA creates sustainability, transferability and wealth for business owners by addressing common issues relating to growth, control and transition of ownership. IGA has been serving clients throughout the U.S. since 2011.
Shawn Degnan leads Cross Country Consulting's National Accounting Advisory practice and the Washington, D.C. office, where he is responsible for the overall strategy, client delivery and people, as well as practice and business development. In this role, he guides service delivery for private and public companies, ranging from growth-oriented venture capital and private equity backed businesses to Fortune 500 companies. He brings more than 20 years of experience advising clients on complex technical accounting issues and strategic transactions, including initial public offerings, mergers and acquisitions, carve-outs, and spinoffs. Prior to joining Cross Country, he spent nine years at MorganFranklin Consulting as managing director and commercial market leader guiding all aspects of the firm's commercial practice. He spent the first 12 years of his career with EY in its global capital markets and assurance practices leading delivery of both audit and advisory engagements for large, global SEC registrants and private companies.
Manish Khetan is president of strategic accounts at Xceedance, with 15 years of experience in transforming insurance operations. He leads the North America business and is responsible for business growth and service delivery at Xceedance. He focuses on identifying growth drivers, business planning, capability development, client relations, organizational learning and development, and alternate channels of expansion, including partnerships and acquisitions.
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.
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.
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.
