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IRS Announces Coronavirus Relief

Client Alert

On March 18, the IRS released Notice 2020-17, Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic which sets forth the scope of the relief being granted taxpayers.

What Has Been Extended

The Notice provides for the extension of payment of up to $1 Million on the balance due on 2019 individual returns (Form 1040) and trust and estate returns (Form 1041) until July 15, 2020. It also provides for the extension of time to make the first federal estimated payment until July 15, 2020. Under both circumstances, there will be no penalty or interest assessed; provided payment is made by the July date. It has been explicitly stated that interest and penalty will begin to be calculated and imposed effective July 16, 2020.

C corporations and consolidated groups whose returns are due on April 15, 2020, have also received an extension to make payments while avoiding the imposition of penalty and interest until July 15, 2020. Each C corporation that is not part of a consolidated group will be able to defer the payment of up to $10 Million on the balance due on 2019 corporate returns. Each consolidated group will be able to defer the payment of tax due up to $10 Million. Submission of any estimated payments due on April 15, 2020, has been extended as well. As with individuals, interest and penalties will begin to be charged effective July 16, 2020.

What Has Not Been Extended

Most importantly, the filing deadline has not been extended. All returns must be filed or extended by April 15, 2020. While there is no form that is required to receive the payment relief set forth above, they have not waived the penalty and interest for failure to timely file your returns.

Additionally, note that this extension applies only to federal INCOME taxes. That means if you owe any other type of tax (most notably, I point out that first quarter payroll taxes are due April 30, 2020), you still must file those returns and pay the taxes on time. Penalty and interest will be assessed from the normal due date.

What We Still Don’t Know

At this point, we still have not received any guidance from the State of Ohio or any city about the filing and payment deadlines for any taxes due.

As always, we will continue to update you with any changes. For more information, please contact BMD Business, Corporate & Tax Member, Priscilla Grant at pagrant@bmdllc.com or 330-253-5934.


Recent HIPAA Breach Settlements - Lessons Learned

According to the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR), the consequences for providers may include settlements of $30,000 to $240,000. OCR recently released two settlements for improper breaches of protected health information (PHI) that are good examples of the major monetary penalties that can result from common HIPAA mistakes.

Supreme Court Issues Major False Claims Act Decision

Telehealth Flexibility Updates: HIPAA, DEA, and CMS

The Covid-19 Public Health Emergency (PHE) officially ended on May 11, 2023. But what does that mean for telehealth, a field that expanded exponentially during the PHE? Fortunately, many of the flexibilities will remain intact, at least temporarily. This client alert presents a brief overview of the timelines that providers need to follow, but for a more comprehensive review of telehealth flexibilities and when they will end

WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up

Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic.  But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels.  It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).

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

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.