11/02/2022
Taxpayers in areas covered by certain Federal Emergency Management Agency disaster declarations may have more time to file their returns to qualify for the penalty relief under Notice 2022-36 for their 2019 and 2020 tax returns.
Notice 2022-36 states, penalties for late-filing certain tax returns, and for not reporting certain required information on Form 1065 or Form 1120-S, are waived or stopped if the relevant return was filed on or before September 30, 2022. Taxpayers who reside or have a business in recently declared FEMA disaster areas have more time to file the return to get this relief.
Postponed deadlines
Areas with a deadline of November 15, 2022, include:
• Counties in Missouri identified under FEMA's Major Disaster Declaration 4665.
• Counties in Kentucky identified under FEMA's Major Disaster Declaration 4633.
• The island of St. Croix in the U.S. Virgin Islands.
• Members of the Tribal Nation of the Salt River Pima Maricopa Indian Community.
Areas with a deadline of February 15, 2023, include:
• Florida
• Puerto Rico
• North Carolina
• South Carolina
• Areas in Alaska identified under FEMA's Major Disaster Declaration 4672
• Hinds County, Mississippi.
The relief applies to the failure-to-file penalty that is typically assessed at a rate of 5% per month, up to 25% of the unpaid tax when a federal income tax return is filed late. This relief applies to forms in both the 1040 and 1120 series, as well as others listed in Notice 2022-36.
Unlike the failure-to-file penalty, the failure-to-pay penalty and interest will still apply to any unpaid tax. The failure-to-pay penalty is normally 0.5% per month, up to 25%. The interest rate is currently 6%, compounded daily.
*Penalty relief is not available in all situations*
If you have any questions on disaster relief call us at 858-699-1130
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