Non-filer portal simplified return starts the assessment limitations period
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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.
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.
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Thanks.
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