Non-filer portal simplified return starts the assessment limitations period

Number
202248010
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Adequacy of Return to Start Limitations Running (Sufficient v Insufficient)
Code sections
§ 6501
Ruling dated
November 21, 2022
Publicly released
December 2, 2022

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2022, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that a one-dollar simplified return filed through the Economic Impact Payment non-filer portal is a federal income tax return, including for the assessment limitations period in section 6501. Revenue Procedure 2020-28 described the 2019 simplified filing as a federal income tax return, and the analogous 2020 procedure expressly stated that a simplified return is a return for all purposes. The advice reasoned that the two years should be treated consistently. It also concluded that a simplified return would satisfy the four-part Beard test for determining whether a filing qualifies as a return.

Ruling snapshot

  • Question: Does a one-dollar simplified return filed through the non-filer portal count as a return for section 6501?
  • Outcome: advice given, yes
  • Key authorities: IRC § 6501; Rev. Procs. 2020-28 and 2021-24; Beard v. Commissioner

Full text (IRS public release)

 ID:        CCA_2022112109034348
 UILC:      6501.04-00

Number: 202248010
Release Date: 12/2/2022
From: -------------------
Sent: Monday, November 21, 2022 9:03:43 AM
To: ---------------------
Cc: ---------------------------------------
Bcc:
Subject: RE: Informal Legal Advice Re: EIP Non filer Portal


Hi -----------,

Our position is that a $1 simplified return filed through the non-filer portal is a return,
including for purposes of section 6501. The best interpretation of the language in Rev.
Proc. 2020-28 is that simplified returns are Federal income tax returns. Additionally, the
analogous revenue procedure for the 2020 tax year, Rev. Proc. 2021-24, states in
section 4.03 that “A simplified return is a Federal income tax return for all purposes.”
2019 and 2020 simplified returns should be treated consistently. Finally, we believe a
simplified return would meet the Beard test.

---------------------------------------------------------------------------------------------------------------------
-----------------------------------------------

Thanks.

----------------------------------------
-----------
------------
-------------------
------------------------------------------------

What does the Code say today, for your facts?

This advice was written for IRS staff and cannot be cited. Ezel checks the current Internal Revenue Code and IRS guidance against your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace