Puzzled about handling business taxes on coronavirus relief payments? Experts offer tips ahead of the July 15 deadline
Among the many uncertainties resulting from the coronavirus-related economic slowdown, a variety of tax changes have individuals and those in the business community concerned about new rules and modifications that can make a difference when filing returns this year.
To help address these issues, BPM LLP tax experts discussed a number of critical tax provisions in an hour-long webinar at the beginning of the second quarter and shared insights on economic relief opportunities and resources available to businesses under the CARES Act. They cautioned that while some code changes are known, other concerns have yet to be resolved. This report reflects known tax law changes as of April 2.
Before beginning, BPM stated this information is not intended to be written advice concerning one or more federal tax matters subject to the code of conduct requirements of Treasury Department Circular 230. It stated that topics discussed are of a general nature and are based on authorities that are subject to change. Applicability of the information to specific situations should be determined through consultation with a tax adviser.
Julie West, BPM partner and chair of the corporate tax practice, moderated the webinar “Tax Implications of COVID-19 and Economic Relief Opportunities.” Panelists included Andre Shevchuck, BPM partner, specialized tax services; Bob McGrath, BPM director, private client services; John Hayashi, BPM managing director, SALT (state and local taxes); and James Su, BPM managing director, tax.
Tax return filing and payment deadlines
Hayashi said not all state and local tax deadlines for filing tax returns and paying tax due have been extended to July 15, but most have. Tax payment extensions to July 15 are independent of tax filing extensions, but in general, states are following the federal July 15 deadline. While California has extended the deadline for first quarter individual estimated tax payments to July 15, some states have not – like Oregon, Illinois and the District of Columbia.
Hayashi cautioned filers to be sure to check if the extension is automatic or has to be requested. For example, in Washington state, monthly filers of business and occupation (B&O) tax returns must request an extension, but the deadline for the quarterly deadline is automatically moved to June 30, and for annual filers it is automatically moved to June 15.
He also warned that a lack of uniformity in state laws about extending deadlines will create major confusion requiring a specific check of the law for 100% certainty of the applicable law.
“Don't confuse return filing deadlines with payment extensions. Each must be extended by taxing jurisdictions. If deadlines are missed, be sure to gather the documentation to request an abatement of penalties and interest in a timely manner. Also be sure to understand the source of the extension. Was it by executive action, legislative action or administrative action? It might make a difference.”
In California, Governor Gavin Newsom directed the Franchise Tax Board and the California Department of Tax and Fee Administration to waive any penalties caused by compliance with coronavirus orders. Those agencies have the final say when it comes to waiving penalties and are not legally bound by the governor's executive order.
Hayashi also warned that “States are going to need to balance their budgets and address reduced cash flow in future months, so changes to the law will continue to be fluid and uncertain going forward, so it is probably best to expect more changes than we have already experienced.”
Due to the large number of employees working from home, nexus and apportionment rules will be a focal point for administrators and preparers, according to Hayashi.
“Will employees working in a different state from their home office create nexus in their home state for their employer? Will new work locations for employees impact apportionment results that include a payroll factor.”
Generally speaking, sales tax nexus is the connection between a seller and a state that when created, requires the seller to register, collect and remit sales tax on sales made into the state. Certain business activities, such as having a physical presence in a jurisdiction or exceeding an economic nexus sales threshold, may establish nexus with the state for a taxpayer.
As of April 1, 2019, retailers located outside of California were required to register with the CDTFA to get a seller's permit if newly created economic thresholds for sales volume, or the number of California transactions were exceeded.