Client Alerts, News Articles & Blog Posts

Everything you need to know about BMD and the industry.

Exempt Organizations: Form 990s Due May 15 Have Not Been Extended

Although the IRS has automatically postponed the filing and payment deadline from April 15, 2020 until July 15, 2020 for most taxpayer returns, the IRS notice specifically does not apply to any Federal informational return.

Forms 990-T

Form 990-T is generally filed by an exempt organization to report certain unrelated business income.  If the exempt organization is required to file Form 990-T on April 15, 2020 then the deadline is automatically postponed until July 15, 2020 under IRS Notice 2020-18. A Form 990-T due on May 15, 2020 has not been postponed and will still need filed on May 15, 2020.

Forms 990, 990-EZ, and 990-PF

Forms 990, 990-EZ, and 990-PF are informational returns filed by exempt organizations annually with the IRS. Form 990 is due on May 15th of each year. IRS Notice 2020-18 does not apply to these information returns. Therefore, exempt organizations with a Form 990 filing date of May 15, 2020 are not afforded relief and will still need to file the return on May 15, 2020.

IRS Filing and Payment Deadlines Questions and Answers

The IRS has provided a filing and payment deadlines questions and answers on its website to assist taxpayers in understanding which returns and payments have been extended and which have not been extended. Those questions and answers are located at https://www.irs.gov/newsroom/filing-and-payment-deadlines-questions-and-answers.

For additional questions related to the tax exempt organizations, please contact BMD Tax Law Attorney Tracy Albanese at tlalbanese@bmdllc.com or (330) 253-9195.

Update: President Trump Signs Paycheck Protection Program Flexibility Act of 2020

On June 3, 2020, Congress updated the CARES Act by passing the Paycheck Protection Program Flexibility Act of 2020 (“FA”). The legislation, which has not yet been signed into law by President Trump, would provide more flexibility to small businesses who received loans under the Paycheck Protection Program (“PPP”).

Workers’ Compensation Claims and COVID-19

Can one of my employees file a workers’ compensation claim if they claim that they contracted coronavirus at work? We get that question a lot. Yes, they can, but you should oppose any application for coverage if you receive one. Generally, the claim will not be granted unless the employee has a job that poses a special hazard or risk of exposure to the virus and the employee can prove that he or she contracted the virus at work.

Ohio State Dental Board Implements Teledentistry Rules

Ohio law defines “teledentistry” as the delivery of dental services through the use of synchronous, real-time communication and the delivery of services of a dental hygienist or expanded function dental auxiliary pursuant to a dentist’s authorization.[1] The law requires a dentist who desires to provide dental services through teledentistry to apply for a teledentistry permit from the Ohio State Dental Board (“OSDB”).[2] Pursuant to the mandate under Ohio Revised Code 4715.436, the OSDB is implementing the following teledentistry permit rules and requirements (to be set forth under Ohio Administrative Code Chapter 4715-23). These regulations, which were subject of a public hearing on February 19, 2020, are effective on May 30, 2020.

HHS Addresses Drug Manufacturer Coupons on Out-of-Pocket Limits

On May 7, 2020, the US Department of Health and Human Services (“HHS”) announced their Notice of Benefit Parameters for 2021 in which HHS addressed the application of prescription drug manufacturer copay coupons towards a patient’s out-of-pocket limit. Under this guidance, HHS will permit, but not require, plans and insurers to count direct support offered to enrollees by drug manufacturers (i.e., coupons) for specific prescription drugs toward the annual limits on cost-sharing, regardless of whether a generic equivalent is available.

Important Updates, Deadlines, and Clarifications for the HHS Provider Relief Funds

On May 20, 2020, HHS made important updates and clarifications regarding the General Distribution payments to providers. Between April 10, 2020 and April 24, 2020, HHS distributed an initial $30 billion to providers based on the provider’s 2019 Medicare fee-for-service receipts. These funds were distributed automatically and providers did not need to submit an application in order to receive these funds. The funds were originally touted as a “no strings attached” stimulus payment reserved for healthcare providers. But HHS issued a 10-page Terms and Conditions and required that providers sign an attestation confirming receipt of the funds and agreeing to the Terms and Conditions.