Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of April 13 – April 17, 2020. 

April 16, 2020: The CARES Act made several modifications to net operating losses (NOLs). Specifically, NOLs incurred in 2018, 2019 and 2020 can be carried back to offset taxable income earned during the five-year period prior to the year in which the NOL was incurred. Accordingly, to allow taxpayers to meet the deadlines to submit such refunds, the IRS issued temporary procedures to allow taxpayers to fax certain Forms 1139 and 1045 due to COVID-19.

Only claims allowed under sections 2303 and 2305 of the CARES Act that are made on Form 1139 or Form 1045 are eligible refund claims that can be faxed.

April 16, 2020: The IRS published FAQs to address specific issues related to the deferral of deposit and payment of employment taxes due to the CARES Act. The deferral applies to deposits and payments of the employer’s share of Social Security tax that would otherwise be required to be made during the period beginning on March 27, 2020, and ending December 31, 2020. Employers that received a Paycheck Protection Program loan may not defer the deposit and payment of the employer’s share of Social Security tax that is otherwise due after the employer receives a decision from the lender that the loan was forgiven.

April 17, 2020: The IRS issued Revenue Procedure 2020-25, which provides guidance allowing a taxpayer to change its depreciation under IRC § 168 for qualified improvement property placed in service by the taxpayer after December 31, 2017, in its taxable year ending in 2018, 2019 or 2020.

April 17, 2020: The IRS released FAQs regarding the Economic Impact Payments (EIPs). The FAQs address eligibility, requesting EIPs, calculating EIPs and receiving EIPs.   

April 17, 2020: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Emily Mussio in our Chicago office for this week’s roundup.