New IRS Regulations Amend Due Dates for Certain Tax Forms

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Terry Sheridan
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A variety of tax forms and information returns filed by individual and business taxpayers face new due dates and time extensions, according to recently issued IRS regulations.

The updated due dates reflect new statutory requirements under Section 2006 of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 and Section 201 of the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), according to the IRS regulatory filing.

The regulations affect taxpayers who file the following forms:

  • Form W-2 series (except Form W-2G, Certain Gambling Winnings)
  • Form W-3, Transmittal of Wage and Tax Statements
  • Form 990 series
  • Form 1099-MISC, Miscellaneous Income
  • Form 1041, US Income Tax Return for Estates and Trusts
  • Form 1041-A, US Information Return Trust Accumulation of Charitable Amounts
  • Form 1065, US Return of Partnership Income
  • Form 1120 series
  • Form 1120-POL, US Income Tax Return for Certain Political Organizations
  • Form 4720, Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code
  • Form 5227, Split-Interest Trust Information Return
  • Form 6069, Return of Excise Tax on Excess Contributions to Black Lung Benefit Trust Under Section 4953 and Computation of Section 192 Deduction
  • Form 8804, Annual Return for Partnership Withholding Tax (Section 1446)
  • Form 8870, Information Return for Transfers Associated With Certain Personal Benefit Contracts

Changes Under the Surface Transportation Act
Amendments to Internal Revenue Code Section 6072(b) by Section 2006(a) of the Surface Transportation Act change the due date for filing an income tax return by a C corporation from the 15th day of the third month following the close of the taxable year (March 15 for calendar-year taxpayers) to the 15th day of the fourth month (April 15 for calendar-year taxpayers).

The new regulations also change the due date for filing an income tax return by a partnership from April 15 to March 15.

These dates generally apply to returns for tax years beginning after Dec. 31, 2015. But for any C corporation with a tax year ending on June 30, the amendments apply to returns beginning after Dec. 31, 2025.

Section 2006(b) of the law provides that for tax years beginning after Dec. 31, 2015, the Treasury secretary or a designee can change the regulations regarding the due dates of certain returns and the maximum extensions of time to file certain returns as specified in Section 2006(b).

Section 2006(c) of the law changes the automatic extension of time to file tax returns by C corporations under Code Section 6081(b) from three months to six months. There are, however, exceptions for C corporations with tax years that begin before Jan. 1, 2026. Those exceptions are a five-month automatic extension if a C corporation files for a calendar year and a seven-month extension for a C corporation that files for a tax year ending on June 30.

The changes pertain to tax returns after Dec. 31, 2015.

Changes Under the PATH Act
Sections 201(a) and (c) of the PATH Act amend Code Section 6071(b) and add new Code Section 6071(c) to change the due date for information returns in the Form W-2 series, Form W-3, and any returns or statements required to report nonemployee compensation. Nonemployee compensation is currently reported in Box 7 of Form 1099-MISC.

The changes are effective for information returns for calendar years after 2015. Under new Section 6071(c), returns in the Form W-2 series, Form W-3, and Form 1099-MISC that report nonemployee compensation have due dates of Jan. 31 of the calendar year following the pertinent tax year.

For Forms 1099-MISC that don’t report nonemployee compensation, the due dates remain the same.

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