UPDATED FAQs: Employee Retention Credit under the CARES Act

The IRS has posted updated Frequently Asked Questions (FAQs) to IRS.gov providing answers regarding the Employee Retention Credit under the CARES Act.

The Employee Retention Credit under the CARES Act encourages businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.

The IRS has put together a one stop shop for all information related to the Economic Impact Payment, including a resourceful document Economic Impact Payments and Coronavirus Tax Relief: A Toolkit for Partners.  You can find all this information on their website here.

New Spanish language version unveiled

WASHINGTON – The Internal Revenue Service today reminds low-income Americans to use the free, online tool Non-Filers: Enter Payment Info to quickly and easily register to receive their Economic Impact Payment.

The IRS has recently released a new Spanish language version of the tool to help even more Americans get their money quickly and easily.

“The IRS is working hard to find new ways for people who don’t have a filing requirement to receive their Economic Impact Payment,” said IRS Commissioner Chuck Rettig. “The Non-Filers tool is an easy way people can register for these payments. I appreciate the work of the Free File Alliance to quickly develop a Spanish-language version of this tool to reach additional people. This is part of a wider effort to reach underserved communities.” 

The Non-Filers tool is designed for people with incomes typically below $24,400 for married couples or less than $12,200 for single people. This includes couples and individuals who are homeless. People can qualify, even if they do not work. Anyone claimed as a dependent by another taxpayer is not eligible.

Usually, married couples qualify to receive a $2,400 payment while others normally qualify to get $1,200. People with dependents under 17 can get up to an additional $500 for each child.

Just like people who file returns every year, those who do not have a filing requirement also generally qualify for an Economic Impact Payment. The IRS doesn’t know who many of these people are since they normally don’t file. So, the only way to get the Economic Impact Payment is to register with the IRS.

Here are some questions and answers on the Non-filers tool:  

How do I use the Non-Filers: Enter Payment Info tool?

For those who don’t normally file a tax return, the process is simple and only takes a few minutes. First, visit IRS.gov, and look for “Non-Filers: Enter Payment Info Here.” Then provide basic information including Social Security number, name, address, and dependents.

The IRS will use this information to confirm eligibility, calculate and send an Economic Impact Payment. No tax will be due as a result of receiving the payment. Entering bank or financial account information will allow the IRS to quickly deposit the payment directly in a savings or checking account.  Otherwise, the payment will be mailed, which will take longer to receive than by direct deposit.

Non-Filers: Enter Payment Info is secure, and the information entered will be safe. The tool is based on Free File Fillable Forms, part of the Free File Alliance’s offerings of free products on IRS.gov.

Who should use the Non-Filers tool?

This new tool is designed for people who did not file a tax return for 2018 or 2019 and are not required to do so under the law. Usually, this means couples with incomes below $24,400 and singles with incomes below $12,200 in 2019.

In addition, the Non-Filers tool can also help families receiving certain government benefits get additional payment amounts, based on their children. These include those receiving Supplemental Security Income (SSI) and Veterans Affairs beneficiaries who did not file returns for 2018 or 2019. These recipients need to make the updates for the children in the tool by May 5. 

By taking this step, they will still be eligible to receive the separate payment of $500 per qualifying child. See the news release on IRS.gov for full details.
 
Who should NOT use the tool?

Anyone who already filed either a 2018 or 2019 return does not qualify to use this tool. Similarly, anyone who needs to file either a 2018 or 2019 return should not use this tool, but instead they should file their tax returns. This includes anyone who files a return to claim various tax benefits, such as the Earned Income Tax Credit for low-and moderate-income workers and working families.

The IRS also has seen instances where people required to file a Form 1040 for 2019 are trying to use the Non-Filers tool. The IRS urges people with a filing requirement to avoid complications later with the IRS, and file properly without using the Non-Filer tool.

Students and others who file a return only to receive a refund of withheld taxes should also not use this tool. In addition, students and others claimed as dependents on someone else’s tax return don’t qualify for an Economic Impact Payment and are not eligible to use the Non-Filers tool.

For more Information on Economic Impact Payments, including answers to frequently-asked questions and other resources, visit IRS.gov/coronavirus.

WASHINGTON – The Internal Revenue Service today announced significant enhancements to the “Get My Payment” tool to deliver an improved and smoother experience for Americans eligible to receive Economic Impact Payments.

The enhancements, which started last week and continued through the weekend, adjusted several items related to the online tool, which debuted on April 15. The additional changes will help millions of additional taxpayers with new or expanded information and access to adding direct deposit information.

“We delivered Get My Payment with new capabilities that did not exist during any similar relief program, including the ability to receive direct deposit information that accelerates payments to millions of people,” said IRS Commissioner Chuck Rettig. “These further enhancements will help even more taxpayers. We urge people who haven’t received a payment date yet to visit Get My Payment again for the latest information. IRS teams worked long hours to deliver Get My Payment in record time, and we will continue to make improvements to help Americans.”

“We encourage people to check back in and visit Get My Payment,” Rettig added. “These enhancements will help many taxpayers. By using Get My Payment now, more people will be able to get payments quickly by being able to add direct deposit information.”

How to use Get My Payment
Available only on IRS.gov, the online application is safe and secure to use. Taxpayers only need a few pieces of information to quickly obtain the status of their payment and, where needed, provide their bank account information. Having a copy of their most recent tax return can help speed the process.

As a reminder, Get My Payment is a U.S. Government system for authorized use only. The tool is solely for use by individuals or those legally authorized by the individual to access their information. Unauthorized use is prohibited and subject to criminal and civil penalties.

Get My Payment cannot update bank account information after an Economic Impact Payment has been scheduled for delivery. To help protect against potential fraud, the tool also does not allow people to change bank account information already on file with the IRS. 

A Spanish version of Get My Payment is expected in a few weeks.

Watch out for scams related to Economic Impact Payments
The IRS urges taxpayers to be on the lookout for scams related to the Economic Impact Payments. To use the new app or get information, taxpayers should visit IRS.gov. People should watch out for scams using email, phone calls or texts related to the payments. Be careful and cautious: The IRS will not send unsolicited electronic communications asking people to open attachments, visit a website or share personal or financial information. Remember, go directly and solely to IRS.gov for official information.

More information
The IRS will post frequently asked questions on IRS.gov/coronavirus and will provide updates as soon as they are available. 

Special alert for VA, SSI recipients who don’t file a tax return and have dependents

VA, SSI recipients with eligible children need to act by May 5 to quickly add money to their automatic Economic Impact Payment; ‘Plus $500 Push’ continues

WASHINGTON — The Internal Revenue Service today issued a special alert for Supplemental Security Income and Department of Veterans Affairs beneficiaries to act by May 5 if they didn’t file a tax return in 2018 or 2019 and have dependents so they can quickly receive the full amount of their Economic Impact Payment.

Their $1,200 payments will be issued soon and, in order to add the $500 per eligible child amount to these payments, the IRS needs the dependent information before the payments are issued. Otherwise, their payment at this time will be $1,200 and, by law, the additional $500 per eligible child amount will be paid in association with a return filing for tax year 2020.

“We want to ‘Plus $500’ these groups so they can get their maximum Economic Impact Payment of $1,200 and their $500 for each eligible child as quickly as possible,” said IRS Commissioner Chuck Rettig. “They’ll get $1,200 automatically, but they need to act quickly and use the Non-Filers tool on IRS.gov to get the extra $500 per child added to their payment. Everyone should share this information widely and help others with the Plus $500 Push, so that more Americans get more money as fast as possible.”

Following extensive work by the IRS and partner government agencies, $1,200 automatic payments will be starting soon for those receiving Social Security retirement, survivor or disability benefits (SSDI), Railroad Retirement benefits, Supplemental Security Income (SSI) and VA Compensation and Pension (C&P) beneficiaries who didn’t file a tax return in the last two years. No action is needed by these groups; they will automatically receive their $1,200 payment.

For VA and SSI recipients who have a qualifying child and didn’t file a 2018 or 2019 tax return, they have a limited window to register to have $500 per eligible child added automatically to their soon-to-be-received $1,200 Economic Impact Payment. A quick trip to a special Non-Filers tool on IRS.gov by May 5 for these groups may help put all of their eligible Economic Income Payment into a single payment. The Non-Filers tool is available in English and Spanish.

To help spread the word to recipients with children about this special “Plus $500 Push,” the IRS has additional material available on a special partners page that can be shared with friends, family members and community groups.

SSI and VA recipients: Have a child but don’t file a tax return? Visit IRS.gov now

SSI and VA recipients who have children and who weren’t required file a tax return in 2018 or 2019 should visit the Non-Filers: Enter Payment Info Here tool on IRS.gov. By quickly taking steps to enter information on the IRS website about them and their qualifying children, they can receive the $500 per dependent child payment automatically in addition to their $1,200 individual payment. Otherwise, their payment at this time will be $1,200 and, by law, the additional $500 per eligible child amount would be paid in association with a return filing for tax year 2020.

SSI and VA recipients who receive Compensation and Pension (C&P) benefit payments should receive their automatic payments by mid-May. If they have children and aren’t required to file a tax return, both groups are urged to use the Non-Filers tool as soon as possible before the May 5 deadline. Once the deadline passes and processing begins on the $1,200 payment, they will not be eligible to use the Non-Filers tool to add eligible children. Their payment will be $1,200 and, by law, the additional $500 per eligible child amount would be paid in association with a return filing for tax year 2020.

SSA / Railroad Retirees: Economic Impact Payments arriving next week

For recipients of Social Security retirement, survivors or disability insurance benefits (SSDI) and Railroad Retirement benefits (RRB), automatic payments of $1,200 are scheduled to begin arriving next week. No action is needed on their part. This includes people who don’t normally file a tax return.

For Social Security / RRB beneficiaries who don’t normally file a tax return, have a child and registered using the IRS Non-Filers tool by the April 22 deadline, more payments are scheduled to begin arriving next week as well.

For SSA/RRB beneficiaries who don’t normally file a tax return and have a child but did not register on the IRS Non-Filers tool by April 22, they will still receive their automatic $1,200 beginning next week. Given the deadline has passed, by law, the additional $500 per eligible child amount would be paid in association with filing a tax return for 2020. This group can no longer use the Non-Filers tool to add eligible children.

Note - Direct Express Account Holders:You may use the Non-Filers tool, but you cannot receive your and your children’s payment on your Direct Express account. You may only select a bank account for direct deposit or leave bank information blank and receive the money by mail.

No action needed by most taxpayers

The Treasury Department will make these automatic payments to SSA, SSI, RRB and VA recipients. Recipients will generally receive the automatic $1,200 payments by direct deposit, Direct Express debit card or by paper check, just as they would normally receive their benefits.

For more information related to veterans and their beneficiaries who receive Compensation and Pension (C&P) benefit payments from VA, please visit VA.gov.

General IRS information about the Economic Impact Payments is available on a special section of IRS.gov.

Watch out for scams related to Economic Impact Payments

The IRS urges taxpayers to be on the lookout for scams related to the Economic Impact Payments. There is no fee required to receive these payments.

WASHINGTON — The Internal Revenue Service today announced it is accepting applications for the Internal Revenue Service Advisory Council (IRSAC). Applications will be accepted through June 12, 2020.

The IRSAC serves as an advisory body to the Commissioner of the Internal Revenue Service and provides an organized public forum for discussion of relevant tax administration issues between IRS officials and representatives of the public. The IRSAC proposes enhancements to IRS operations, recommends administrative and policy changes to improve taxpayer service, compliance and tax administration, discusses relevant information reporting issues, addresses matters concerning tax-exempt and government entities and conveys the public’s perception of professional standards and best practices for tax professionals.

IRSAC members are appointed to three-year terms by the Commissioner of the Internal Revenue Service and submit a report to the Commissioner annually at a public meeting. Applications are currently being accepted for approximately 14 appointments that will begin in January 2021.

Nominations of qualified individuals may come from individuals or organizations. IRSAC members are drawn from substantially diverse backgrounds representing a cross-section of the taxpaying public with substantial, disparate experience in: tax preparation for individuals, small businesses and/or large, multi-national corporations; information reporting, tax-exempt and government entities; digital services; and professional standards of tax professionals. 

Applications should document the proposed member’s qualifications. In particular, the IRSAC is seeking applicants with knowledge and background in one of the following areas:

Large Business & International

Small Business & Self-Employed

Tax Exempt & Government Entities

Wage & Investment

Applicants must be in good standing regarding their own tax obligations and demonstrate high professional and ethical standards. All applicants must complete and submit an application and pass a tax compliance and practitioner check. For those applicants deemed “Best Qualified,” FBI fingerprint checks will also be required.

More information, including the application form, is available on the IRS Web site. Questions about the application process can be emailed to publicliaison@irs.gov.

The Internal Revenue Service has posted new Frequently Asked Questions (FAQs) about Carrybacks of Net Operating Losses (NOLs) for Taxpayers who have had Section 965 Inclusions.

It is a follow up to the material on temporary procedures that we issued last week.

WASHINGTON – WASHINGTON — The Treasury Department and Internal Revenue Service today issued proposed regulations under the Tax Cuts and Jobs Act (TCJA) that provide guidance for tax-exempt organizations that are subject to the unrelated business income tax with more than one unrelated trade or business on how to calculate their unrelated business taxable income (UBTI).

The proposed regulations issued today provide guidance on identifying separate trades or businesses, including investment activities, as well as certain other amounts included in UBTI.

Changes under the TCJA require tax-exempt organizations subject to the UBTI tax to compute UBTI, including any NOL deduction, separately for each trade or business (referred to as a “silo”).

Under prior law, UBTI was the gross income of all unrelated trades or businesses less the allowed deductions from all unrelated trades or businesses. Starting in tax-year 2018 (tax years beginning after Dec. 31, 2017), the loss from one trade or business may not offset the income from another, separate trade or business.

Updates on the implementation of the TCJA can be found on the Tax Reform page of IRS.gov.

Announcement 2020-05 provides additional guidance on an issue not addressed in 2017 and 2018 IRB guidance on the subject of prematurely deteriorating concrete foundations due to the presence of the mineral pyrrhotite in the concrete mixture used to pour the foundations.  Specifically, in response to requests for this additional guidance from Connecticut Members of Congress, the Announcement clarifies the Federal income tax treatment of a payment made by the Connecticut Foundation Solutions Indemnity Company, Inc., an entity organized by the State of Connecticut, to Connecticut homeowners who have not claimed Federal income tax deductions for amounts paid to repair damage to personal residences with concrete foundations that prematurely deteriorated.

Announcement 2020-05 will be in IRB: 2020-19, dated 05/04/2020.

FAQs: Payroll Support for Air Carriers and Contractors under the CARES Act

Division A, Title IV, Subtitle B, of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorizes the Department of the Treasury (Treasury Department) to provide payments to passenger air carriers, cargo air carriers, and certain contractors that must be exclusively used for the continuation of payment of employee wages, salaries, and benefits (Payroll Support).  Section 4117 of the CARES Act provides that the Treasury Department may receive warrants, options, preferred stock, debt securities, notes, or other financial instruments issued by a company receiving Payroll Support (Recipient) to provide appropriate compensation to the Federal Government for the provision of the financial assistance (Taxpayer Protection Instruments).

The Payroll Support Program Agreement provides that unless otherwise provided in guidance issued by the Treasury Department or the Internal Revenue Service, “the form of any Taxpayer Protection Instrument held by the Treasury Department and any subsequent holder will be treated as such form for purposes of the Internal Revenue Code of 1986 (for example, a Taxpayer Protection Instrument in the form of a note will be treated as indebtedness for purposes of the Internal Revenue Code of 1986).”

Additional non-Federal income tax information on the Treasury Department’s Payroll Support program for air carriers and contractors is available at https://home.treasury.gov/policy-issues/cares/preserving-jobs-for-american-industry.

Q. If a Recipient does not issue Taxpayer Protection Instruments to the Treasury Department in exchange for Payroll Support, is the receipt of the Payroll Support taxable to the Recipient under the Internal Revenue Code (Code)?

A. Yes.  If the Recipient does not provide Taxpayer Protection Instruments to the Treasury Department as compensation for the Payroll Support, the receipt of the Payroll Support is not excluded from the Recipient’s gross income under the Code and therefore is taxable.

Q. When a Recipient that does not issue any Taxpayer Protection Instruments uses the Payroll Support to pay wages, salaries, and benefits to its employees as required under the Payroll Support Program, are all of those expenses deductible under the Code?

A. Yes.  The Code generally permits the payment of wages, salaries, and benefits to employees to be deducted as ordinary and necessary business expenses.

Q. If a Recipient issues to the Treasury Department any warrants, options, preferred stock, debt securities, or notes (or a combination of these Taxpayer Protection Instruments) as compensation for the Payroll Support, is the receipt of the Payroll Support taxable under the Code?

A. Part of the Payroll Support received is taxable and part of the Payroll Support received is not taxable.  Payroll Support in excess of the fair market value of the warrants, options, or preferred stock, plus the issue prices of any debt securities or notes issued, is taxable to the Recipient under the Code.  The remaining Payroll Support is not taxable to the Recipient under the Code.

Q. When a Recipient that issues Taxpayer Protection Instruments to the Treasury Department uses the Payroll Support to pay wages, salaries, and benefits to its employees as required, are all of these expenses deductible under the Code?

A. Yes.  The Code generally permits the payment of wages, salaries, and benefits to employees to be deducted as ordinary and necessary business expenses, regardless of whether the Recipient issues Taxpayer Protection Instruments.