One of the provisions included in the Coronavirus, Aid, Relief and Economic Security Act (CARES Act) allows an employer and self-employed individuals to defer the payment of the employer’s share of social security taxes (not Medicare taxes) or the corresponding portion of self-employment taxes.  The option is available for payments that would otherwise be required to be made between March 27, 2020 and December 31, 2020.  No special election is required and deferred amounts will be reported on a forthcoming revised Form 941 (future guidance will address how to report deferrals for ...

On April 13, 2020, the South Carolina Department of Revenue issued SC Information Letter #20-8 with updated guidance concerning COVID-19 related filing and payment extensions.  This guidance provides:

  • Filing Deadlines Extended. South Carolina tax relief to July 15, 2020, now applies to all taxpayers that have an income tax, franchise tax, or corporate license fee filing or payment deadline (originally or pursuant to a valid extension) between April 1, 2020 and July 15, 2020. Individuals (including individuals working or living outside the United States), corporations ...

The IRS issued Notice 2020-23 on April 9, 2020 and announced that the deadline for making estimated tax payments for the second quarter 2020, due June 15, 2020, has been extended to July 15, 2020.  This notice supplements prior IRS guidance extending the deadline for making estimated tax payment for the first quarter of 2020 to July 15, 2020.  Now, all 2020 estimated tax payments due on or before June 15th are due on July 15, 2020.  Interest and penalties do not apply to these estimated tax payment extensions.

While the Coronavirus has delayed tax season by a few months, Congress’s response may have created the first ever refund season in the recently passed and much discussed relief package known as the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act” for short.  While the Act employs various relief techniques, Congress’s most effective and tried-and-true relief method – amending the Internal Revenue Code (the “Code”) – may ultimately play the most significant role.

On that note, the CARES Act amends many tax-related provisions, including ...

In the late hours of March 25, 2020, the United States Senate met to vote on a third “Coronavirus” bill to provide relief to the American people.  The Senate ultimately passed H.R. 748—the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act.”  Two days later, the House followed suit and sent the bill the President for his approval.  The Act contains many stimulus provisions, even some that affect recently-amended Internal Revenue Code (“Code”) sections.  This post covers an important amendment to Section 172, which governs the use of “net operating ...

Posted in: CARES Act/PPP

On March 27, 2020 the the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or Act), H.R. 748, became law.  The Act provides eligible employers a tax credit against employment taxes equal to 50% of qualified wages.  The credit is determined quarterly and effectively capped at $5,000 per eligible employee.

Eligible employers include any employer that was carrying on a trade or business in 2020 whose operations were impacted by the Coronavirus crisis.  Two tests are used to determine whether a business was impacted by the Coronavirus.  The tests are applied quarterly.  The ...

Posted in: CARES Act/PPP

The CARES Act, enacted on March 27, 2020, includes several provisions that change the rules for employee benefit plans, ranging from providing greater access to retirement benefits and HSA funds to offering funding relief to single-employer pension plans.

The CARES Act adds a new tax-favored withdrawal option that applies to the following types of retirement plans:  IRAs, qualified plans (e.g., profit sharing and 401(k) plans), 403(a) and (b) plans, and 457(b) governmental plans.  The withdrawal is permitted only if it is a Coronavirus-related distribution, which is defined as a ...

Posted in: CARES Act/PPP

The COVID-19 or Coronavirus has disrupted demand in many industries and is wreaking havoc on budgets and cash flow projections.  On March 27, 2020 the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or Act), H.R. 748, became law.  The CARES Act seeks to incentivize employers to retain their employees and to provide enhanced unemployment benefits for employees who are not retained.  The CARES Act contains a number of tax related provisions to assist employers.

Paycheck Protection Program

The Act establishes a forgivable loan program (the Paycheck Protection Program ...

Posted in: CARES Act/PPP

March 25, 2020 – The IRS announced a major suspension of many “tax compliance” dates and tax collection measures.  Published in IRS Information Release 2020-59 as the “People First Initiative”, the IRS announced that it is “temporarily adjusting our processes to help people and businesses during these uncertain times” and where the announced changes range from postponing certain payments related to Installment Agreements and Offers in Compromise to suspending tax collection measures and limiting certain enforcement actions.   The IRS will be announcing more ...

Posted in: CARES Act/PPP

On March 17, 2020, the South Carolina Department of Revenue announced, through SC Information Letter #20-3, that all South Carolina tax filing and payment deadlines starting on April 1, 2020 were extended to June 1, 2020.  Penalties and interest are waived by SCDOR during this period.  This includes not only state income taxes, but also sales taxes, admission taxes, and other taxes administered by SCDOR.

The IRS had initially announced that the due date for 2019 federal income tax payments was extended to July 15, 2019, but that the April 15th tax return filing date was not extended.  The ...

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