IR-2021-16, January 15, 2021

WASHINGTON ― The Internal Revenue Service announced that the nation’s tax season will start on Friday, February 12, 2021, when the tax agency will begin accepting and processing 2020 tax year returns.

The February 12 start date for individual tax return filers allows the IRS time to do additional programming and testing of IRS systems following the December 27 tax law changes that provided a second round of Economic Impact Payments and other benefits.

This programming work is critical to ensuring IRS systems run smoothly. If filing season were opened without the correct programming in place, then there could be a delay in issuing refunds to taxpayers. These changes ensure that eligible people will receive any remaining stimulus money as a Recovery Rebate Credit when they file their 2020 tax return.

To speed refunds during the pandemic, the IRS urges taxpayers to file electronically with direct deposit as soon as they have the information they need. People can begin filing their tax returns immediately with tax software companies, including IRS Free File partners. These groups are starting to accept tax returns now, and the returns will be transmitted to the IRS starting February 12.

“Planning for the nation’s filing season process is a massive undertaking, and IRS teams have been working non-stop to prepare for this as well as delivering Economic Impact Payments in record time,” said IRS Commissioner Chuck Rettig. “Given the pandemic, this is one of the nation’s most important filing seasons ever. This start date will ensure that people get their needed tax refunds quickly while also making sure they receive any remaining stimulus payments they are eligible for as quickly as possible.”

Last year’s average tax refund was more than $2,500. More than 150 million tax returns are expected to be filed this year, with the vast majority before the Thursday, April 15 deadline.

Under the PATH Act, the IRS cannot issue a refund involving the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) before mid-February. The law provides this additional time to help the IRS stop fraudulent refunds and claims from being issued, including to identity thieves.

The IRS anticipates a first week of March refund for many EITC and ACTC taxpayers if they file electronically with direct deposit and there are no issues with their tax returns. This would be the same experience for taxpayers if the filing season opened in late January. Taxpayers will need to check Where’s My Refund for their personalized refund date.

Overall, the IRS anticipates nine out of 10 taxpayers will receive their refund within 21 days of when they file electronically with direct deposit if there are no issues with their tax return. The IRS urges taxpayers and tax professionals to file electronically. To avoid delays in processing, people should avoid filing paper returns wherever possible.
Tips for taxpayers to make filing easier
To speed refunds and help with their tax filing, the IRS urges people to follow these simple steps:

File electronically and use direct deposit for the quickest refunds.

Check IRS.gov for the latest tax information, including the latest on Economic Impact Payments. There is no need to call.

For those who may be eligible for stimulus payments, they should carefully review the guidelines for the Recovery Rebate Credit. Most people received Economic Impact Payments automatically, and anyone who received the maximum amount does not need to include any information about their payments when they file. However, those who didn’t receive a payment or only received a partial payment may be eligible to claim the Recovery Rebate Credit when they file their 2020 tax return. Tax preparation software, including IRS Free File, will help taxpayers figure the amount.

Remember, advance stimulus payments received separately are not taxable, and they do not reduce the taxpayer’s refund when they file in 2021.

https://www.irs.gov/newsroom/2021-tax-filing-season-begins-feb-12-irs-outlines-steps-to-speed-refunds-during-pandemic

It would seem that because the government is still on a partial shutdown that Americans would get a break on filing their taxes this coming April 15th. However, that is not the case. Your tax returns and payments must be filed by the appropriate dates. Even though many government offices are partially staffed, including the IRS, the following is true:

Federal law provides that the IRS must be manned during the shutdown by exempt employees whose roles “protect human life and property.” Tax revenues are federal property.

The IRS must remain open during the shutdown, although it will seemingly be short-staffed. And it must process all tax returns submitted on paper that include payments.

 

Here is what you need to know about filing your 2018 return:

  • You don’t have to wait to file your 2018 tax return. Go ahead and prepare and send in your return as soon as you have all required documentation on hand, such as W-2s and 1099s. If you owe the IRS money, send a check. The IRS will begin processing paper returns with payments and e-filed returns on Jan. 28, and all other deadlines are expected to remain intact. As always, the sooner your tax return is in line with other received returns awaiting processing, the sooner you’ll receive your refund if you’re due one. If you don’t owe the IRS money, however, you might not want to submit a paper return. The law says that processing these will have to wait until after the shutdown, so this might be a good year to go electronic.
  • The filing deadline for 2018 returns is still April 15, 2019—at least for most taxpayers. This is Patriot’s Day in Maine and Massachusetts, so your deadline is April 17 if you live in one of these states, allowing for Emancipation Day, a holiday in the District of Columbia, on April 16.
  • Do not think you can delay filing your tax return or paying a tax debt because of the shutdown. You’re still legally obligated to file and pay on time, even when Congress is squabbling. This includes the estimated tax payments made by self-employed individuals that are due on Jan. 15. The IRS website specifically states that you should “file and pay taxes as normal.”

Word to the wise, consider this a normal year when it comes to filing your tax returns. The partial government shutdown should not change any due dates.

Millions of taxpayers expect to be ready on January 29 when tax season opens, but will the Internal Revenue Service (IRS) be ready? In anticipation of a federal government shutdown, the IRS released its contingency plan for the filing season because, yes, tax season will go on even during a shutdown.

The agency said it does not “anticipate utilizing the plan” but that may be optimistic. Without a deal, the government officially ran out of money for the fiscal year and shut down at midnight. Of course, shutdown is a loaded word since not every facet of government shuts down. For example, the IRS will maintain some functions, and those are outlined in their contingency plan. Specifically, the agency notes that “If the IRS is confronted by a lapse in appropriations during the 2018 Tax Filing Season (January 1 – April 30, 2018) the IRS will need to continue return processing activities to the extent necessary to protect Government property, which includes tax revenue, and maintain the integrity of the federal tax collection process, along with certain other activities authorized under the Anti-Deficiency Act.”

The Anti-Deficiency Act (text here) is a series of laws dating back more than 100 years. The Act is codified at Title 31 (Money and Finance) and is intended to stop federal agencies from spending federal dollars that aren’t authorized, as well barring them from accepting voluntary services (meaning that employees can’t work for free during a shutdown). The penalties for violating the Act are pretty severe, which is why federal agencies provide a written contingency plan.

During a shutdown, agencies are allowed to perform activities that are supported by funding that doesn’t expire at the end of the fiscal year, as well as other activities that are either expressly permitted under the law or are deemed necessary. Sometimes those activities cross over. For example, Social Security payments are funded outside of an annual appropriation, so those employees will continue to work, as well as those IRS employees who support them (even though IRS funding is not outside of annual appropriation).

The law also allows for “activities necessary to safeguard human life or protect government property.” You might not think of your tax return as a matter of life or death but the government begs to differ: The IRS may process tax returns to ensure the protection of those returns that contain remittances (in other words, they can make sure that the government gets its money).

Here’s a partial list of functions that directly impact taxpayers and would typically be put on hold if the government shuts down:

  • No tax refunds issued
  • No processing of non-disaster relief transcripts
  • No processing of forms 1040X, amended returns
  • No non-automated collections
  • No audit or examinations (some exceptions apply)
  • No whistleblower office activity

Here’s a partial list of functions that directly impact taxpayers which will typically continue if the government shuts down:

  • Processing of returns with payments
  • E-filing
  • Mailing tax forms
  • Appeals (statutory deadlines will not be changed)
  • Call centers (only during filing season)
  • Civil and criminal tax cases
  • Certain communications to taxpayers
  • Active criminal investigations
  • IRS.gov

To facilitate those activities, the IRS anticipates that 35,076 employees, or 43.5% of the total employee population, would be retained during a shutdown. So who stays on the job?

Top of the list is Acting IRS Commissioner David J. Kautter. The Commissioner is a presidential appointee who is not subject to furlough (furlough is another way of saying not going to work). The Commissioner’s salary is paid no matter how many hours he works, so he cannot be placed in a non-duty, non-pay status. A handful of Deputy Commissioners and Chiefs of Staff would also remain on staff or on call as needed.

Also on the “excepted employees” list are some Appeals staff and lawyers to ensure that statutory deadlines are met. Missing deadlines affects IRS as much as it does taxpayers, and the IRS is assuming that Tax Court, as well as federal and district courts will remain open. If courts do close, or if Appeals determines that staff and attorneys aren’t needed, then they would be furloughed. The same general rules apply to the Office of Chief Counsel.

Dozens of employees would stay on with the Taxpayer Advocate Service in some capacity. Specifically, Nina Olson (the National Taxpayer Advocate) will go to work, while 78 advocates will remain “on call” as needed during the shutdown.

A significant number of Criminal Investigation (CI) employees – more than 2,800 – are slated to report to work. This makes sense: If the bad guys don’t take a break, neither should those in pursuit of them. Currently, CI is working nearly 3,800 active criminal investigations with an additional 4,800 investigations in the adjudication phase (pre-indictment, indictment, trial and post-trial) in 93 judicial districts. That means that right now, nearly 9,000 investigations are in process on some level: special agents are actively gathering evidence, conducting interviews, testifying in court proceedings, executing search warrants and conducting arrests. CI will operate at close to “normal” levels since federal courts, federal prosecutors and federal law enforcement partners are operating with business as usual.

Just under a dozen employees will be needed to keep the IRS.gov website up and running. During the shutdown, taxpayers should still be able to access a number of online services, including filing tax returns and paying tax online. In fiscal year 2017, IRS.gov served over 1.8 million page views, helping drive more than 121 million form downloads and over 77.5 million payments.

More than 3,000 IT-related workers will stay in place to ensure that taxpayer data is protected and that computer systems function appropriately.

Finally, more than 10,000 Customer Service Representatives will remain in place to handle phones and paper service issues. It’s important to note that this is slated to happen only if a shutdown happens during filing season (during the 2013 government shutdown, customer service operations, including the call centers, stopped).

It’s worth noting that while this is the contingency plan, it’s not set in stone. In 2013, changes were made at the last minute, including shuttering the TAS offices.

The 2018 filing season is slated to open on January 29, shutdown or not. The IRS expects to process more than 155 million individual tax returns in 2018.

Information from The Tax Girl, Kelly Phillips Erb, Forbes

https://www.forbes.com/sites/kellyphillipserb/2018/01/19/as-feds-prepare-for-shutdown-heres-what-it-means-for-irs-and-taxpayers/#7b96f6c5394c