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.
Tobias Salinger is Financial Planning's chief correspondent, with nearly a decade of experience covering wealth management, regulation and the business of financial advice. He specializes in investigations and enterprise reporting on advisory firm strategy, regulation, conflicts of interest, and diversity and equality across the industry.
Tobias has been recognized for his investigations and original reporting on the conflicts of interest that affect wealth management firms, as well as systemic racism in finance, winning more than a dozen honors, including the Jesse H. Neal, Azbees, SABEW Best in Business and Folio Eddie awards.
His award-winning coverage includes:
- Building Black Wealth in St. Louis
- The wealth management industry's $1T conflict of interest
- A black eye for FINRA? Brokers with checkered histories cast doubt on enforcement efforts
- Access denied: Systemic racism in financial services
- From sealed transcripts, the inside saga of LPL Financial's largest termination ever
Before Financial Planning, Tobias reported for the New York Daily News, Commercial Observer and City Limits. He holds a master's degree from the Craig Newmark Graduate School of Journalism at the City University of New York (2013) and is an alumnus of the Fellowship at Auschwitz for the Study of Professional Ethics, an international program focused on how the lessons of history inform professional ethics today in journalism and many other fields.
Born and raised in Kansas City, Missouri, now based in Chicago, Tobias is an avid softball player, a novice bird watcher and reader of contemporary fiction.
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Teresa Carroll is the vice president of PEO (Professional Employer Organization) at Paychex and the president of Oasis, by Paychex HR.
Matt Harmon has served as the senior vice president of claims for The MEMIC Group since 2015. In this role, he is responsible for all claim-related activities for MEMIC across 40+ jurisdictions. Matt brings more than 25 years of workers’ compensation claims experience to his position. Matt began his insurance career in 1994 after graduating from the University of Maine with a degree in Business Administration. Active in his community, Matt currently serves on the board of directors for the American Red Cross of Southern Maine and Boots2Roots. He is a 2019 graduate of Maine Development Foundation’s Leadership Maine program, and is a current MBA candidate at the University of Maine.
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.
