IRS Extends Filing Date for 2019 and 2020 Tax Returns for COVID Penalty Relief in Disaster Areas

The IRS says taxpayers in disaster areas have more to file their returns to qualify for the reduced sentence below Note 2022-36 for their 2019 and 2020 tax returns. Under Notice 2022-36, penalties for late filing of certain tax returns, as well as penalties for failing to disclose certain required information on Form 1065 or Form 1120-S, are waived or reduced if the relevant tax return was filed on or before September. 30, 2022. That date has passed, but individuals and households living or operating in recently declared FEMA disaster areas have postponed filing deadlines to receive this assistance, as noted below.

Areas with a deadline of Nov 15, 2022Involving:

  • provinces in Missouri identified under FEMA’s Major Disaster Declaration 4665.
  • provinces in Kentucky identified under FEMA’s Major Disaster Declaration 4633.
  • the island St Croix in the US Virgin Islands.
  • Members of the Tribal Nation of the Salt River Pima Maricopa Indian Community.

Areas with a deadline of February 15, 2023Involving:

Areas in Alaska identified under FEMA’s Major Disaster Declaration 4672 and

The exemption under Notice 2022-36 applies to the penalty for failing to file a return which is typically set at 5% per month, up to 25% of unpaid tax when a federal income tax return is filed late. This relief applies to forms in both the Form 1040 and 1120 series, as well as others listed in: Note 2022-36posted on IRS.gov.

Unlike the default penalty, the default penalty and interest will continue to apply to any unpaid tax. The penalty for absenteeism is normally 0.5% (half a percent) per month, up to 25%. The interest is currently 6%, compounded daily.

Penalty reductions for 2019 and 2020 returns are not available in some situations, such as when a fraudulent return has been filed, where the fines are part of an accepted compromise offer or concluding agreement, or where the fines are ultimately determined by a court. This exemption is limited to the penalties specifically eligible for exemption in the notice. For ineligible penalties, such as the non-payment penalty, taxpayers can use existing penalty mitigation procedures, such as applying for a reasonable cause waiver or the First Time Abate program. Visit IRS.gov/penaltyrelief for details. A different exemption applies for returns for 2021. Visit the disaster relief page on IRS.gov for more information on tax year 2021.