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

Client Alert

March 27, 2020

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 15^th 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.

Posted by Tracy L. Albanese

Sharp Rise in False Claims Act Cases - Navigating the FCA Waters

May 5, 2023

Recently, on April 18, 2023, the United States Supreme Court heard arguments regarding the FCA’s scienter, or mental state, requirement. To prove violation of the FCA, the statute requires that a defendant “knowingly” file false claims for payment. The term “knowingly” is defined within the statute to mean a person that acts with actual knowledge, deliberate ignorance, or reckless disregard. Circuit courts are split on how to interpret and apply the knowledge element of the FCA, and based on the Supreme Court’s decision, there will be a large impact on healthcare defendants and their businesses as well as anyone who contracts with, or receives money from, a federal program. A broader interpretation of the FCA would unnecessarily target and stifle healthcare, and other businesses, for simple errors in daily operations. This goes against the intended application of the FCA, which was to prevent fraudulent activity.

Posted by Shalini Bhatia

Areas of Opportunity in Columbus: Highlights from the Columbus Opportunity Summit

May 5, 2023

On April 27, 2023 Columbus Business First held its annual Columbus Opportunity Summit, bringing together business and economic development leaders to provide an update on how Central Ohio is preparing for expected growth in the coming years, an issue heightened by the arrival of Intel at its 1,000 acre site in Licking County, just outside of Columbus. The site will be home to two new chip factories with room to grow to a total of eight factories and is a $20 Billion investment.

Posted by Kelly Jena

Important Update: New Advanced Beneficiary Notice in Effect for Medicare on June 30, 2023

April 19, 2023

On April 4, 2023, the Office of Management and Budget (OBM) approved an updated Advance Beneficiary Notice of Non-coverage (ABN) form CMS-R-131.[1] Providers can continue using the current ABN form with an expiration date of June 30, 2023.[2] However, all providers are mandated to use the new ABN starting on June 30, 2023, which has an expiration date of January 31, 2026.

Posted by Amanda Waesch

Resources

Client Alerts, News Articles, Blog Posts, & Multimedia