Sign up for tax alert emails    GTNU homepage    Tax newsroom    Email document    Print document    Download document

August 29, 2022
2022-5816

US IRS gives widespread penalty relief for 2019 and 2020 returns filed by 30 September 2022, will refund penalties already paid

  • The Internal Revenue Service (IRS) gives taxpayers who have not filed certain 2019 and 2020 tax returns until 30 September 2022, to file without penalties.

  • The IRS will automatically abate, refund or credit eligible penalties that were already paid.

  • Taxpayers who did not timely file tax or information returns for 2019 and 2020 should evaluate whether this relief covers their situation.

  • Relief for international information forms only covers certain forms in certain circumstances; this is not a full amnesty for international information forms.

In Notice 2022-36, the IRS granted relief from certain failure-to-file penalties and certain international information return penalties for most individual and business taxpayers who did not file tax returns for tax years 2019 and 2020, provided the returns are filed before 30 September 2022. In addition, the IRS will automatically (1) abate assessed, but unpaid, penalties or (2) refund or credit any penalties that were already paid by taxpayers who would have been granted this failure-to-file relief.

Treasury and the IRS "have determined that the penalty relief described in this notice will allow the IRS to focus its resources more effectively, as well as provide relief to taxpayers affected by the COVID-19 pandemic." According to the IRS, nearly 1.6 million taxpayers will automatically receive more than US$1.2 billion in refunds or credits, many before the end of September.

Specifics of penalty relief

The penalty relief applies to the following tax returns if they were not timely filed:

  • Individual income tax returns: Form 1040 series (1040, 1040-C, 1040-SR, 1040-NR, 1040-NR-EZ, 1040-PR, 1040-SR and 1040-SS)
  • Estate and trust income tax returns: Form 1041 series (1041, 1041-N and 1041-QFT)
  • Calendar-year and fiscal-year partnership returns: Forms 1065 and 1066
  • Calendar-year and fiscal-year corporate income tax returns: Form 1120 series (1120, 1120-C, 1120-F, 1120-FSC, 1120-H, 1120-L, 1120-ND, 1120-PC, 1120-POL, 1120-REIT, 1120-RIC, 1120-S and 1120-SF)
  • Exempt organization tax returns: Form 990-T (unrelated business income tax); Form 990-PF (excise tax payments on investment income)

The penalty relief also applies to the following information returns if they were not timely filed:

  • Form 5471 (Information Return of U.S. Persons With Respect To Certain Foreign Corporations) and Form 5472 (Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business) when they are attached to a late-filed Form 1120 or Form 1065.
  • Campus assessment program penalties for Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts) and Form 3520-A (Annual Information Return of Foreign Trust With a U.S. Owner (Under section 6048(b))
  • Required information returns on Form 1065 and Form 1120-S
  • Required information returns (such as Forms 1099 or 1042-S) for (1) 2019 returns that were filed on or before 1 August 2020, or (2) 2020 returns that were filed on or before 1 August 2021

The penalty relief does not apply to any penalties in an accepted offer-in-compromise under Internal Revenue Code (IRC) Section 7122, settled in a closing agreement under IRC Section 7121 or finally determined in a judicial proceeding. It also does not apply to international information returns not listed in the notice, such as Form 926 (Return by a U.S. Transferor of Property to a Foreign Corporation) and Form 8865 (Return of U.S. Persons With Respect to Certain Foreign Partnerships).

Implications

Taxpayers who did not timely file tax or information returns for 2019 and 2020 should evaluate whether this relief covers their situation and then file missing forms by 30 September 2022.

Notice 2022-36 applies only to the forms and penalties specifically noted in Notice 2022-36. Relief is not granted for any other penalties, such as failure to pay or estimated tax penalties, or for the international information forms not specifically listed. Given the automatic nature of the penalty relief, taxpayers entitled to an abatement, refund or credit should consider reviewing an IRS transcript of their accounts to confirm that relief has been properly applied.

Of particular note, taxpayers that file Forms 3520 and 3520-A (which can generate significant penalties based on the value of the trust/gift) and incurred penalties via the campus assessment program should note that their penalties should now be automatically abated for tax years 2019 and 2020.

_________________________________________

For additional information with respect to this Alert, please contact the following:

Ernst & Young LLP (United States), Tax Policy and Controversy, Washington, DC

Ernst & Young LLP (United States), Private Client Services, Washington, DC

Ernst & Young LLP (United States), International Tax and Transaction Services – Private Company

Ernst & Young LLP (United States), International Tax and Transaction Services

 
 

The information contained herein is general in nature and is not intended, and should not be construed, as legal, accounting or tax advice or opinion provided by Ernst & Young LLP to the reader. The reader also is cautioned that this material may not be applicable to, or suitable for, the reader's specific circumstances or needs, and may require consideration of non-tax and other tax factors if any action is to be contemplated. The reader should contact his or her Ernst & Young LLP or other tax professional prior to taking any action based upon this information. Ernst & Young LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect the information contained herein.

 

Copyright © 2024, Ernst & Young LLP.

 

All rights reserved. No part of this document may be reproduced, retransmitted or otherwise redistributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, or using any information storage and retrieval system, without written permission from Ernst & Young LLP.

 

Any U.S. tax advice contained herein was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions.

 

"EY" refers to the global organisation, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients.

 

Privacy  |  Cookies  |  BCR  |  Legal  |  Global Code of Conduct Opt out of all email from EY Global Limited.

 


Cookie Settings

This site uses cookies to provide you with a personalized browsing experience and allows us to understand more about you. More information on the cookies we use can be found here. By clicking 'Yes, I accept' you agree and consent to our use of cookies. More information on what these cookies are and how we use them, including how you can manage them, is outlined in our Privacy Notice. Please note that your decision to decline the use of cookies is limited to this site only, and not in relation to other EY sites or ey.com. Please refer to the privacy notice/policy on these sites for more information.


Yes, I accept         Find out more