On April 9, 2020, the IRS issued Notice 2020-23 (Notice) providing broad relief extending the filing and payment dates for (original or extended) forms, as well as the period for certain elections and transactions, due on or after April 1, 2020 and before July 15, 2020, until July 15, 2020. Among the forms and payments specifically extended under the Notice are:
- Form 1040, U.S. Individual Income Tax Return including related forms in this series
- Form 1041, U.S. Income Tax Return for Estates and Trusts including related forms in this series
- Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return including related forms in this series, as well as a Form 706 filed to obtain an extension of time to make a portability election
- Form 706-GS(T), Form 706-GS(D) and Form 706-GS(D-1), Generation-Skipping Transfer Tax Returns for certain terminations and distributions from trusts
- Form 8971, Information Regarding Beneficiaries Acquiring Property from a Decedent including any Supplemental Form 8971
- Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return
- Estate tax payments of principal or interest due as a result of an election made to defer the payment of estate tax under sections 6166, 6161 or 6163
- Form 1040-ES, Estimated Income Tax for Individuals including related forms in this series
- Form 1041-ES, Estimated Income Tax for Estates and Trusts
Although not specifically itemized in the Notice, but by reference to Rev. Proc. 2018-58, the Notice also extends additional forms, elections and specific transactions including, but not limited to:
- Form 5227, Split-Interest Trust Information Return
- Form 1041-A, U.S. Information Return Trust Accumulation of Charitable Amounts
- Election to treat certain payments of estimated tax as paid by the beneficiary (for applicable fiscal year estates)
- Form 8855, Election to Treat a Qualified Revocable Trust as Part of an Estate
- Election to treat any amount properly paid or credited to a beneficiary within the first 65 days following the close of the year as paid or credited on the last day of the preceding year (for applicable fiscal year estates)
- Qualified disclaimers no later than nine months after the later of the date of the transfer creating the interest, or the date the taxpayer attains age 21 (if permissible under state law)
- Certain rollover contributions under section 529
The relief includes not just the filing of forms, but also all schedules, returns and other forms that are filed as attachments or are required to be filed by the due date of the forms. No action is required on behalf of the taxpayer because the relief is automatic. Taxpayers wishing to file returns after July 15th will need to file the applicable extension form and make payments at that time. The extension due date may not go beyond the original statutory or regulatory extension date.
For additional information and a general discussion about Notice 2020-23, please read Overview of relief provided by Notice 2020-23.
