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
Alex Johnson

Alex owns the insurance solutions portfolio for Quantexa globally and his focus is on enabling insurance carriers to adopt innovative technologies to maximize business value from data and analytics. He has extensive experience delivering solutions for global organizations including Allianz, RSA, Zurich and AXA.

Bryan Cannon has over 25 years of investment and financial planning experience. A portion of his clientele includes high net worth and ultra-high net worth individuals. Bryan is the host of Markets ‘N5, a bi-weekly video series focused on analyzing market trends based on technical analysis.

Bryan’s career covers a diverse range of investment and securities experience ranging from financial and estate planning for high and ultra-high net worth families, as well as senior and partner roles with both the big Wall Street firms and smaller boutique firms.

Apart from his commitment to understanding each client’s unique needs and implementing strategies that preserve and protect their assets and wealth, Bryan still finds time to remain active in his community. He serves on several local boards, coaches youth soccer, is a Boy Scout Leader, and volunteers with local charities, including assisting the Charlotte Men’s Shelter. In his downtime, he enjoys participating in various fitness and sports activities and enjoying quality time with his family mountain biking and whitewater paddling at the US National Whitewater Center located in Charlotte, North Carolina.

Bryan holds a B.S. in communications and business. In 2018, he became a 5 Star Wealth Manager Award winner.

Candice is a managing director in the Global Client Business within Goldman Sachs Asset Management, and serves as global head of the Strategic Advisory Solutions team. She focuses on global capital market research, macroeconomic strategy, portfolio construction and client engagement.

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.