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.

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Josh Jones is a manager and client-facing consultant at aspirant Consulting, LLC --- an Atlanta, GA-based consulting firm which specializes in data analytics. With more than a decade of industry experience as a consultant, developer, and team manager; he is proficient in developing solutions that transform data into business-relevant insights. Josh works primary in Tableau, relational databases, and teaching best practices between the two. For more information, please visit, www.aspirent.com. He can be reached at josh.jones@aspirent.com.

Craig Roth is research vice president at Gartner Inc. focused on digital workplace trends, messaging, products, segmentation and best practices. This includes cloud office suites, collaboration tools, content services, and how they are dependent on digital dexterity and digital business trends. He researches how knowledge workers get their jobs done today and how they are likely to get them done in the future (the future of work). He speaks to a wide range of general managers, technology CEOs, product marketing, and product managers, service providers, and IT leaders on how to capture the productivity that new ways of work have to offer.

Mr. Roth is the creator of Gartner's Digital Dexterity Index, a scoring model for showing where workers ready for new ways of working are more likely to be found by country, industry, age grouping, and company size. This index helps vendors prioritize sales and marketing efforts and helps companies and agencies to assess their workforce's openness to changing how they work against benchmarks. He has also engaged in special research projects around Enterprise Attention Management (a response to information overload) and how AI and automation will impact the future of work.

Eric Weisbrot

Eric Weisbrot is the chief marketing officer of JW Surety Bonds in Pipersville, Pa.

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.