taxnews.ey.comPrint

29 March 2020

U.S. International Tax This Week for March 27

Ernst & Young's U.S. International Tax This Week newsletter for the week ending March 27 is now available. Prepared by Ernst & Young's International Tax Services group, this weekly update summarizes important news, cases, and other developments in international taxation.

—————————————————————————
Spotlight

Congress this week enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a roughly US$2 trillion stimulus package to address the coronavirus crisis. The legislation capped many days of around-the-clock negotiations between congressional leaders and the Administration and is the third coronavirus bill to be passed by Congress in a span of several weeks. The President is expected to sign the bill shortly.

Attention will next turn to a fourth congressional coronavirus bill, that members from both sides expect will be needed, though there is currently no clear idea of the scope or timing of the next measure.

The CARES Act broadly provides for: direct checks to households under certain income thresholds; expanded unemployment insurance; loans to small businesses; stabilization of key industries (paired with accountability provisions); and investment in medicines and vaccines; and the provision of medical equipment. It includes eight business tax provisions aimed at providing liquidity through:

  • Crediting against employers’ payroll taxes amounts paid in wages to retained workers
  • Delaying payment of employer payroll taxes
  • Allowing a five-year carryback period for net operating losses (NOLs) and temporarily removing the 80% limitation on the use of NOLs
  • Allowing NOL relief for noncorporate businesses
  • Clarifying Alternative Minimum Tax refund allowances
  • Increasing the allowance for business interest deductions
  • Adding a technical correction for qualified improvement property (QIP) under IRC Section 199A that was enacted by the Tax Cuts and Jobs Act (TCJA)
  • Excepting temporarily from alcohol excise taxes businesses that convert to producing hand sanitizers

Importantly, the final bill does not include several earlier proposals that were included in a prior Senate Republican draft of the bill; for example, narrowing the application of downward attribution of stock ownership.

The IRS on 24 March posted Frequently Asked Questions (FAQs) on the extension of certain filing and payment deadlines to 15 July that was provided in Notice 2020-18 issued last week. The FAQs indicate, among other things, that for any taxpayer whose Federal income tax return filing due date has been postponed from 15 April to 15 July, the due date of that taxpayer’s IRC Section 965 installment payment has also been postponed to 15 July. Similarly, for any taxpayer whose Federal income tax return filing deadline has been postponed from 15 April to 15 July, the due date for Form 8991 and the Base Erosion Anti-Abuse Tax (BEAT) payment has been postponed to 15 July. The relief provided by Notice 2020-18 does not generally apply to the filing of information returns (see Rev. Proc. 2018-58, which explains the impact on other filings, etc., from a postponement to file under IRC Section 7805A (which is the authority for Notice 2020-18)).

The IRS also announced on the IRS Foreign Account Tax Compliance Act (FATCA) FAQ website that foreign financial institutions filing a FATCA Report (Form 8966) to the IRS that is generally due on 31 March are granted an extension to file to 15 July. A Form 8809-I, Application for Extension of Time to File FATCA Form 8966 will not be required for this extension.

The IRS on 25 March unveiled a new People First Initiative to address COVID-19, that temporarily adjusts or suspends key compliance programs. The IRS release describes changes to its operations effective (roughly) 1 April through 15 July. Some highlights that are particularly relevant include the following:

  • During this period, the IRS will generally not start new examinations, but will continue to work refund claims.
  • New examinations may be started, if necessary, to preserve the statute of limitations.
  • For existing exams, though IRS examiners will not hold in-person meetings, they will continue their examinations remotely, where possible.
  • Appeals employees will also continue to work their cases by phone and videoconference.
  • New automatic, systemic liens and levies will be suspended.
  • Liens and levies initiated by field revenue officers will be suspended.

—————————————————————————
Upcoming Webcasts

How COVID-19 is impacting tax and accounting considerations for Wealth and Asset Management (March 30)
During this Thought Center Webcast, Ernst & Young professionals will discuss topics that will help asset management, private equity and investment professionals navigate the industry amid the COVID-19 outbreak and its related uncertainties.

COVID-19: Transfer pricing impacts and responses (March 31)
During this Thought Center Webcast, Ernst & Young professionals will discuss the implications and potential actions for businesses in responding to the COVID-19 pandemic.

Responding to COVID-19: What’s next for supply chains (April 2)
During this Thought Center Webcast, Ernst & Young professionals will discuss the daily changing market conditions amid COVID-19 and what enterprises should do in rapid response to transform their supply chains.

—————————————————————————
EY Guides and Publications

EY Tax COVID-19 Response Tracker
Policy changes across the globe are being proposed and implemented on a daily basis. EY's Tax COVID-19 Stimulus Tracker provides a snapshot of the policy changes that have been announced in countries around the world in response to the ongoing crisis. Find the most up to date information here.

EY Global Immigration Tracker
With the number of confirmed cases of and fatalities worldwide rising rapidly every day, many government authorities are enacting emergency measures, including immigration-related measures, to limit the spread of the COVID-19 pandemic and protect the health and safety of individuals in and outside of their countries. EY's Global Immigration tracker, attached below, provides a snapshot of the immigration-related measures being implemented around the globe. Find the most up to date information here.

—————————————————————————
Recent Tax Alerts

Africa

Asia

Canada & Latin America

— Mar 20: Manitoba budget 2020-21 (Tax Alert 2020-0619)

Europe

Middle East

Oceania

—————————————————————————
IRS Weekly Wrap-Up

Internal Revenue Bulletin

 2020-14Internal Revenue Bulletin of March 30, 2020
 2020-13Internal Revenue Bulletin of March 23, 2020

—————————————————————————
Additional Resources

Ernst & Young Client Portal, the leading source for news, analysis, and reference materials for corporate tax professionals, has a variety of content of interest to international tax practitioners, including:

— International Tax Online Reference Service. Key information about, and important tax developments from, 56 foreign jurisdictions, including information on tax rates, interest rates and penalties, withholding, and filing dates.

— EY/Passport. EY/Passport is your guide to planning ventures in the global economy, offering a wealth of tax and business knowledge on more than 150 countries.

Because the matters covered herein are complicated, U.S. International Tax This Week should not be regarded as offering a complete explanation and should not be used for making decisions. Any decision concerning matters covered herein should be reviewed with a qualified tax advisor.

Document ID: 2020-0735

 

The information contained herein is general in nature and is not intended, and should not be construed, as legal, accounting or tax advice or opinion provided by Ernst & Young LLP to the reader. The reader also is cautioned that this material may not be applicable to, or suitable for, the reader's specific circumstances or needs, and may require consideration of non-tax and other tax factors if any action is to be contemplated. The reader should contact his or her Ernst & Young LLP or other tax professional prior to taking any action based upon this information. Ernst & Young LLP assumes no obligation to inform the reader of any changes in tax laws or other factors that could affect the information contained herein.

 

Copyright © 1996 – 2025, Ernst & Young LLP

 

All rights reserved. No part of this document may be reproduced, retransmitted or otherwise redistributed in any form or by any means, electronic or mechanical, including by photocopying, facsimile transmission, recording, rekeying, or using any information storage and retrieval system, without written permission from Ernst & Young LLP.

 

EY US Tax News Update Master Agreement | EY Privacy Statement