August 29, 2022
US IRS gives widespread penalty relief for 2019 and 2020 returns filed by 30 September 2022, will refund penalties already paid
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:
The penalty relief also applies to the following information returns if they were not timely filed:
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).
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