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.
A Bentley University graduate, Garrett Stenhouse is a CPA and a Manager in the A&A department at DiSanto, Priest & Co. in Rhode Island. With 9+ years of experience, Garrett specializes in auditing manufacturers and in audits involving precious metals. He is a member of both the AICPA and RISCPA, and in 2018 was a graduate of the AICPA’s Leadership Academy.
Carl Mayes is the Senior Technical Manager – Special Projects on the Public Practice and Global Alliances team at the American Institute of Certified Public Accountants (AICPA). He is responsible for managing practice quality initiatives for the AICPA including regulator quality studies, practice monitoring and various technical and regulatory-focused projects. He is the project manager for the AICPA’s Enhancing Audit Quality initiative and manages the execution of the AICPA’s 6-Point Plan to Improve Audits.
Prior to joining the Public Practice and Global Alliances team, Mayes helped perform market research, develop the business plan and identify the membership model for the AICPA Not-for-Profit Section.
Patrick Tokarski is a Product Manager for the Accounting and Audit Solutions. He has been with Wolters Kluwer since 2016. Prior to joining the product management team, he worked as an A&A Software Consultant helping firms become more productive by conducting training and consulting on various CCH® ProSystem fx® products including Engagement, Knowledge Coach and TeamMate Analytics® among others. Patrick also delivers multiple CCH® Learning and Development Academy School of Audit programs such as Knowledge-Based Audit (KBA) Methodology and role-based programs.
Patrick is a CPA and worked in public accounting as an auditor for seven years. In addition, he spent 8 years in the professional standards group of a national firm. He has also worked in private industry accounting as a controller and consultant helping to implement software and process changes.
Patrick received his Bachelor’s degree in Accounting from the University of Wisconsin – La Crosse. Patrick currently resides in Madison, Wisconsin.
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.
