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.
Sumit Punjabi is senior manager of RPA strategy, digital strategy and business transformation at NTT DATA Services. He is a management consultant with extensive global consulting experience spanning the breadth of robotics process automation strategy and roadmap definition, digital strategy assessments, customer journey re-engineering, business transformation, business process management, program management, change management and implementation of various policy level changes impacting the organization.
He has advised senior executives of leading global institutions on several strategic engagements, assessing the organizations business strategies, people, process and technology capabilities, identifying key client business issues, determining client needs, validating analysis and developing recommendations for the client in the context of the overall business strategy. He has extensively used Lean Six-Sigma and ITIL methodologies to analyze, improve and redesign solutions across business and IT process areas.
Sumit is an MBA from Indian School of Business and participated in a student exchange program with Tuck School of Business at Dartmouth University. He is also a Certified Six Sigma Black Belt (ASQ), Dell Certified Project Management Professional and Trained in ITIL v3.
Andre Sterley is a senior audit manager and practice leader for the digital asset group of Mazars USA based in New York City, as well as co-chair for the accounting and audit working group of the Accounting Blockchain Coalition. The Mazars Digital Asset Group was formed with the mission to help organizations navigate the complex accounting, tax, audit and other advisory issues related to digital assets, blockchain and distributed ledger technologies.
Brad Winges is the President and CEO of HilltopSecurities, a financial services firm and registered investment adviser in Dallas. Before joining HilltopSecurities, Winges was senior executive managing director at Piper Jaffray and a member of the company's leadership team.
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.
