Guidance on new statutory due dates for many tax and information returns is issued

By Sally P. Schreiber, J.D.

Changes to the due dates and extensions of time to file various tax returns and information returns were implemented in a package of regulations the IRS issued on July 19 (T.D. 9821, REG-128483-15). The regulations reflect statutory changes made by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, P.L. 114-41, and the Protecting Americans From Tax Hikes Act of 2015, P.L. 114-113, which adjusted the due dates of many tax returns to ease tax administration. (For a full description of these changes, see Sherr, "Next Filing Season Will Be Better: Due Dates Have a New Logical Order," The Tax Adviser  (August 2016).)

The regulations affect taxpayers who file:

  • Form W-2, Wage and Tax Statement (and other forms in the W-2 series except Form W-2G, Certain Gambling Winnings) (due Jan. 31);
  • Form W-3, Transmittal of Wage and Tax Statements (due Jan. 31);
  • Form 1099-MISC, Miscellaneous Income, reporting nonemployee compensation (due Jan. 31);
  • Form 990 (tax-exempt series) (allowed an automatic six-month extension);
  • Form 1041, U.S. Income Tax Return for Estates and Trusts (automatic 5½-month extension);
  • Form 1041-A, U.S. Information Return Trust Accumulation of Charitable Amounts (automatic six-month extension);
  • Form 1065, U.S. Return of Partnership Income (due the 15th day of the third month following the close of the tax year, automatic six-month extension);
  • Form 1120 (corporate tax return series) (due the 15th day of the fourth month following the close of the tax year, automatic six-month extension, except for C corporations with a June 30 year end, which have a Sept. 15 due date until 2026, with an automatic seven-month extension);
  • Form 1120-POL, U.S. Tax Return for Certain Political Organizations (automatic six-month extension);
  • Form 4720, Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code (automatic six-month extension);
  • Form 5227, Split-Interest Trust Information Return (automatic six-month extension);
  • Form 6069, Return of Excise Tax on Excess Contributions to Black Lung Benefit Trust Under Section 4953 and Computation of Section 192 Deduction (automatic six-month extension);
  • Form 8804, Annual Return for Partnership Withholding Tax (Section 1446) (automatic six-month extension); and/or
  • Form 8870, Information Return for Transfers Associated With Certain Personal Benefit Contracts (automatic six-month extension).

The regulations were effective July 20 but reflect statutory changes that were generally effective for tax years beginning after Dec. 31, 2015.

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