April 15, 2020

COVID-19:  USCIS Guidance for Extending/Changing Status During Pandemic

The coronavirus pandemic presents unique challenges for foreign nationals in the U.S. who have status expiration dates approaching. Many of these individuals are unable to depart the U.S. due to travel restrictions and health concerns, while others may face obstacles to filing applications to extend status while in the U.S.

Thus far U.S. Citizenship and Immigration Services (USCIS) has declined to provide special relief.  Its position is that there are measures under current law that are available for nonimmigrants who may not be able to timely file extensions or depart the U.S. due to COVID-19 or health-related issues. These existing measures are discretionary and generally still require physical filings with USCIS.

Apply for an Extension of Status

Eligible nonimmigrants whose status and work authorization will soon expire may file applications to extend or change status with a USCIS Service Center prior to the I-94 status expiration date.   In certain circumstances, a timely filed extension of status application may also extend the work authorization of the applicant for a period of 240 days beyond the I-94 expiration date, while the application is pending. However, this benefit does not apply to all visa types. Please check with your designated Gibney representative for an individual case assessment, as there are serious consequences for working without authorization for both the employer and the employee.

Limited Online Filings Available

One of the obstacles that foreign nationals and their employers face in filing applications to extend or change nonimmigrant status is the need to file hard copy applications with USCIS.  While USCIS has waived the requirement that individuals file applications with original (“wet”) signatures,  unfortunately, USCIS only offers limited online/electronic filing options. The most common employment-based nonimmigrant visa petition used to secure work authorization, Form I-129, is not currently available for online filing or online payment of fees.  As a result, in most instances, foreign nationals and their employers must still submit a physical filing to USCIS, entailing the need to produce and include filing fee checks and to arrange for the physical delivery of a petition to USCIS.

Flexibility for Late Application Filings

An individual who is unable to file an extension of status application prior to his/her I-94 expiration date may  be eligible for discretionary relief in making a late filing.  Under current regulations, if an applicant files an extension of stay or change of status request after the authorized period of admission expires, USCIS may, in its discretion, excuse the failure to file on time if it was due to extraordinary circumstances.

COVID-19 as Extraordinary Circumstance

USCIS has generally recognized COVID-19 as an “extraordinary circumstance” beyond the control of the foreign national. This means that in those cases where an individual was unable to depart the U.S. or file an extension of status prior to status expiration due directly to the pandemic, a request to retroactively grant status may be approved.  Granting such requests is still within the sole discretion of the USCIS adjudicator.  The length of delay in filing must be commensurate with the circumstances and the applicant must submit credible evidence to support the request, which USCIS will evaluate on a case-by-case basis.   We caution against relying on this discretionary relief as there are severe consequences for remaining in the U.S. beyond an I-94 expiration date when an extension of status application was not timely filed.  Please consult with your Gibney representative prior to making any late filing.

Visa Waiver Entrants – Satisfactory Departure

Individuals who have entered the U.S. for business or tourism pursuant to the visa waiver program (i.e., with ESTA approval) are prohibited from filing  extensions of stay in the U.S. and must depart the U.S. when the authorized period of stay expires. However, in limited circumstances, the individual may request Satisfactory Departure if he/she is unable to depart the U.S. by the admission period expiration date.  Satisfactory Departure provides a one-time, 30-day extension of status if an emergency prevents timely departure.

Generally USCIS has authority to consider and grant Satisfactory Departure requests.  However, there are also regional ports where U.S. Customs and Border Protection (CBP) has stepped in to provide assistance for visa waiver travelers needing Satisfactory Departure.  Participating ports have specific requirements and procedures, and not all ports will assist. If you are a visa waiver traveler and require Satisfactory Departure, please contact your designated Gibney representative prior to expiration of your current period of stay.

For policy updates, operational changes, and other COVID-19 information, please visit uscis.gov/coronavirus or contact your Gibney team.

April 14, 2020

USPTO Issues Patent and Trademark Filing Deadline Extensions

The United States Patent and Trademark Office (USPTO) is providing extensions to file certain patent and trademark-related documents and pay required fees as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act.

Extension Guidelines

  • For eligible documents or fees due between (and inclusive of) March 27, 2020 and April 30, 2020, the filing will be considered timely if made within 30 days of the original due date, provided that the filing is accompanied by a statement that the delay in filing or payment was due to the COVID-19 outbreak.
  • A delay in filing or payment is due to the COVID-19 outbreak if the outbreak materially interfered with timely filing or payment.
  • Qualifying circumstances include office closures, cash flow interruptions, lack of access to files or other materials, travel delays, personal or family illness, or similar circumstances.
  • The person affected by the outbreak may be a practitioner, applicant, registrant, or other person associated with the filing or fee. For patents, this may also be a patent owner, petitioner, third-party requester or inventor.

Trademarks

Eligible trademark filings include responses to Office actions, notices of appeal, statements of use, notices of opposition, priority filings, transformation and renewal applications, affidavits of use or excusable nonuse and related requests for extension. For all other situations where COVID-19 has prevented or interfered with a proceeding before the Board, a request or motion for an extension can be made.

Patents

Eligible patent filings include responses to Office actions, notices of appeal, appeal and reply briefs, appeal forwarding fees, PTAB oral hearing and rehearing requests, Chief Judge petitions, patent owner preliminary response in a trial proceeding, or any related responsive filings. Additional relief limited to small and micro entities includes replies to the following notices: omitted items; file corrected application papers; incomplete applications; comply with nucleotide sequences requirements; file missing parts of application (including payment of filing). The extension does not apply to filing dates for new patent applications.

Additional Relief

For trademark and patent applications that were abandoned and registrations that were canceled/expired due to COVID-19, the USPTO waived the petition fee to revive the abandoned application or reinstate the canceled/expired registration. Petitions must include a statement explaining how the failure to respond to the Office communication was due to the COVID-19 outbreak and must be filed not later than two months after the issue date of the notice of abandonment or cancellation.

USPTO Office Remains Open

The USPTO is open for the filing of documents and fees. Waivers are only available for delays due to the COVID-19 emergency.

What’s Next

The USPTO will continue to evaluate the evolving situation around COVID-19 and the impact on the USPTO’s operations and stakeholders. If the USPTO extends the CARES Act relief, the USPTO will provide timely notice. Gibney will continue to monitor these updates. For more information, please see the USPTO FAQs.

April 9, 2020

IRS Employee Retention Credit: What Employers Need to Know

The Internal Revenue Service launched the Employee Retention Credit to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.

What Businesses Qualify

The credit is available to all employers regardless of size, including tax-exempt organizations. State and local governments and their instrumentalities and small businesses who take small business loans do not qualify.

Employers must fall into one of two categories:

  • Business is fully or partially suspended by government order due to COVID-19 during the calendar quarter
  • Gross receipts are below 50% of the comparable quarter in 2019; if gross receipts go above 80% of a comparable quarter in 2019, they no longer qualify after the end of that quarter
  • Measures are calculated each calendar quarter

How Credit is Calculated

Credit is 50% of qualifying wages paid up to $10,000 in total for wages paid after March 12, 2020, and before Jan. 1, 2021. Wages are not limited to cash payments, and also include a portion of the cost of employer provided health care.

Qualifying Wages

Qualifying wages are based on the average number of a business’s employees in 2019.

  • Employers with less than 100 employees in 2019: Credit is based on wages paid to all employees, regardless if they worked or not; if employees worked full time and were paid for full time work, employers still receive the credit
  • Employers with more than 100 employees in 2019: Credit is allowed only for wages paid to employees who did not work during the calendar quarter

How Employers Can Receive Credit

  • Will be immediately reimbursed by reducing their required payroll tax deposits withheld from employees’ wages by the amount of the credit
  • Must report their total qualified wages and related health insurance costs for each quarter on their quarterly employment tax returns or Form 941 beginning with the second quarter
  • If employment tax deposits are not sufficient to cover the credit, employers may receive an advance payment from the IRS by submitting Form 7200, Advance Payment of Employer Credits Due to COVID-19

More updates on the Employee Retention Credit, Tax Credits for Required Paid Leave and other information can be found on the IRS Coronavirus page.

April 9, 2020

Of Cash, Counterfeits and Technology

Without waxing on too much with a certain amount of nostalgia, I remember the late 1990s when we first started enforcing against online sellers. Addressing the issue was simple and fairly straight forward. Little did we know what awaited us.

As number of platforms grew, technology advanced, mobile platforms mushroomed, counterfeiters developed the uncanny knack of exploiting nascent technology to best serve their illegal wants and desires. With no road map and strategies instituted on the fly, the enforcement battle lines were drawn and the battle joined.

What still amazes me is the willingness of counterfeiters to continue to sell in the darkest of times. Without even taking in the account the those who lack a moral compass and would sell counterfeit PPE and pharmaceuticals to desperate people around the world, let’s talk about the close in sellers providing goods through sites that encourage local connections and in person exchanges.

While conducting online enforcement on behalf of our clients, we have noticed that sellers now tend to post more during the weekend than in the past (real work takes precedence). Sellers are now more prevalent on these platforms in the western half of the country. In reviewing images, sellers appear to be enjoying the outdoors without significant social distance. However, they will not sell in person. Many have shifted to mailing product (even locally) with tracking numbers and securing payment through a variety of person to person payment options; again using technology to enhance their efforts.

As the discussion turns to the post-pandemic world, it will be interesting to see how the sale of counterfeit goods will change. In particular, what the future will be of in person, cash transactions. You can rest assured that the counterfeiters will lead the way in harnessing technology to their maximum benefit.

What do you think? What are your current enforcement challenges and what hazards in the road do you see ahead for stemming the sale of counterfeit goods.

April 8, 2020

New York Permits Remote Witnessing and Notarization of Estate Planning Documents

On April 7, Governor Cuomo issued an executive order allowing the act of witnessing estate planning document required under New York State laws to be done using audio video technology. This expands the executive order issued on March 19, 2020 permitting remote notarization.

Requirements for Remote Witnesses

  • The person requesting that their signature be witnessed, if not personally known to the witness(es), must present valid photo ID to the witness(es) during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the witness(es), and the supervising attorney, if applicable (e.g. no pre-recorded videos of the person signing);
  • The witnesses must receive a legible copy of the signature page(s), which may be transmitted via fax or electronic means, on the same date that the pages are signed by the person;
  • The witness(es) may sign the transmitted copy of the signature page(s) and transmit the same back to the person; and
  • The witness(es) may repeat the witnessing of the original signature page(s) as of the date of execution provided the witness(es) receive such original signature pages together with the electronically witnessed copies within thirty days after the date of execution.

This applies to execution and attestation of wills, living trusts, appointment of health care proxies, powers of attorney and recording instruments affecting real property.

Requirements for Remote Notarization

  • The person seeking the Notary’s services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
  • The person must affirmatively represent that he or she is physically situated in the State of New York;
  • The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
  • The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
  • The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.

For questions or additional information:

Meredith Mazzola
mmazzola@gibney.com

April 3, 2020

The CARES Act: Loan Program Options for Small Businesses to Consider

On March 27, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act to alleviate the economic impact of COVID-19 on both individuals and businesses. The legislation provides economic assistance to small businesses through several Small Business Administration (SBA) program options.

Paycheck Protection Program Loans

The Paycheck Protection Program prioritizes Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses. The program provides qualified small businesses with loans of up to $10 million. The program is retroactive to February 15, 2020 to help bring workers who may have already been laid off back onto payrolls. Loans are available through June 30, 2020.

Who is Eligible?

Qualifying businesses in all U.S. states and territories:

  • Businesses, nwith 500 or fewer employees
  • Certain businesses with greater than 500 employees in certain industries, including the hotel and food industry
  • Sole proprietors and independent contractors
  • Approved franchises listed on the SBA’s registry
  • Businesses receiving funding through a Small Business Investment Company

Guidelines for Loans

  • Loans are up to two months of average monthly payroll costs from the last year plus an additional 25%
  • Maximum loan amount up to $10 million
  • Loans will be fully forgiven if the funds are used for payroll costs, interest on mortgages, rent and utilities however at least 75% of the forgiven amount must have been used for payroll
  • Payroll costs must not exceed $100,000 of annual compensation per employee
  • Initial loans have a maturity of 2 years and an interest rate of 1% (loans past the initial term have interest rates capped at 4%)
  • No collateral or personal guarantees are required
  • First payment deferred for six months
  • No borrower or lender fees payable to SBA as before

How to Apply

Small businesses and sole proprietors can apply starting April 3. Independent contractors and self-employed workers can apply starting on April 10.

Applications can be made through any existing SBA lender or federally insured depository institution or credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. Visit www.sba.gov for a list of SBA lenders.

For more information on the program including forms and the interim final rule, please visit the U.S. Department Treasury site. The rules and details remain in flux, so please check back often for additional changes and updates.

Economic Injury Disaster Loans and Loan Advances

The CARES Act expands the Small Business Administration’s long-standing Economic Injury Disaster Loan Program (EIDL) to offer financial support to more businesses experiencing reduced revenue due to the pandemic. Historically, the SBA has offered disaster relief assistance to businesses, homeowners and renters in specific areas where federally declared disasters occurred however, companies in all states and U.S. territories can now apply.

Who is Eligible?

  • Businesses with fewer than 500 employees
  • Cooperatives, ESOPs, and tribal small businesses with fewer than 500 employees
  • Sole proprietors, independent contractors and self-employed persons
  • Nonprofits and veterans organizations

Guidelines for Loan Advances

  • Loans are available up to $2 million to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact
  • The interest rate is 3.75% for small businesses and 2.75% for non-profits
  • Long-term repayments can be up to a maximum of 30 years and are determined on a case by case basis
  • Terms are determined on a case-by-case basis, based upon each borrower’s ability to repay
  • Payments on COVID-19 EIDL loans are deferred for one year
  • Borrowers do not have to prove they could not get credit elsewhere

How to Apply

The SBA offers additional information and details on the SBA site. Unlike the PPP loans, the EIDL submissions are made to SBA, not the banks directly.

Determining the Best Option for Your Business

Every business should consider the various assistance programs available to determine which may work best for both short- and long-term business planning. Remember that many states are also offering loans, grants and incentive programs. Consider all qualification criteria, terms and repayment options.

For questions or more information, please reach out to your Gibney contact or email info@gibney.com.

April 1, 2020

CARES Act: Retirement Plan Distributions and Loans Provisions for Employers

On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Employees may be inquiring about whether they can receive distributions or loans from the company’s 401(k) plan to confront financial challenges resulting from the COVID-19 virus. The CARES Act includes several provisions regarding 401(k) distributions and loans that employers may wish to consider.

COVID-19 Related Distribution Provisions

  • A 401(k) plan may allow employees to receive COVID-19-related distributions for any taxable year from an employer that do not exceed $100,000 (aggregate) from all plans maintained by the company.
  • The 10% additional tax that applies to distributions for employers under age 59½ is waived between January 1, 2020 and December 31, 2020.

Who Qualifies for a COVID-19 Related Distribution?

  • Qualified distributions are any distribution from a 401(k) plan or other qualified plan made to an individual under the following circumstances:
  • Has been diagnosed with virus SARS-CoV-2 or COVID-19 by a test approved by the Centers for Disease Control and Prevention
  • Spouse or dependent has been diagnosed by such test
  • Experiences adverse financial consequences as a result of being quarantined, furloughed, terminated, subject to a reduction of hours or unable to work due to lack of child care, subject to reduced hours of a business owned or operated by the individual or other factors as determined by the Secretary of the Treasury
  • Plan administrators may rely on the employee’s certification that the distribution requirements are met.

Repayment Guidelines

  • Employees may repay the amount of these distributions included in income over the three-taxable-year period beginning with the taxable year the distribution is received
  • Employees may repay the aggregated amount of the distribution (or any portion thereof) by making one or more contributions to their company’s plan or any other eligible retirement plan of which the individual is a beneficiary that accepts eligible rollover contributions
  • Distributions are treated as eligible rollover distributions if they are repaid within three years following the date of the distribution

Temporary Waiver of Required Minimum Distributions

  • The CARES Act temporarily waives required minimum distributions from 401(k) plans and other defined contribution plans and IRAs for participants who were required to receive such distributions in 2020. The waiver does not apply to distributions beginning in calendar years after 2020.

Plan Loans

Plans may increase the amount of loans available to employees who are eligible to receive COVID-19-related distributions:

  • During the 180-day period following the enactment (March 27, 2020), employees may receive plan loans that do not exceed the lesser of $100,000 (increased from $50,000) or 100% (increased from 50%) of the present value of the employee’s nonforfeitable accrued benefit under the plan
  • The due date for the repayment of any outstanding plan loans occurring between March 27, 2020, and December 31, 2020 can be delayed for one year. Plans adopting this provision must adjust subsequent repayments appropriately to reflect the delay in repayment and any interest accruing during the delay

What Employers Should Consider if Making Plan Amendments

Distribution and loan provisions are at the discretion of each company.

If you decide to adjust these provisions, your plan document does not have to be amended until the last day of the plan year beginning in 2022 (December 31, 2022, because your plan is a calendar year plan).

Provisions are effective immediately. It is important to review any changes with service providers to determine any fees associated with provisions.

All provisions will require drafting updated employee communications and updating the plan’s distribution and loan procedures.

Meredith Mazzola
Partner, Tax Group
mmazzola@gibney.com

March 30, 2020

COVID-19 Travel: India Travel Restrictions and Evacuation Procedures

The India Government continues to implement new travel restrictions due to the COVID-19 pandemic. The following are guidelines for commercial flights and evacuation procedures for citizens of other countries who are in India:

Commercial Passenger Services Suspended Until April 14, 2020

All scheduled international commercial passenger services will remain suspended until April 14, 2020 at 6:30 PM GMT.

No incoming international commercial passenger aircrafts will be allowed to land and disembark passengers in India until April 14. This restriction will not apply to international all-cargo operations and flights specifically approved by the Directorate General of Civil Aviation. While there is no specific announcement regarding the departure of flights from India, no flights are leaving India at this time.

Evacuation Procedures for Citizens of Other Countries

The French, U.S., and United Kingdom governments, among others, are working with the Indian Government and airlines to obtain clearance for flights to leave India so their citizens may return to their home countries. Germany and Israel have already obtained permission to evacuate their citizens.

U.S. Nationals in India

The U.S. consulates in India anticipate that several flights will depart from New Delhi and Mumbai to the U.S. this week. U.S. citizens interested in departing from India on a U.S. government coordinated flight must complete a Repatriation Registration for U.S. Citizens Form as soon as possible to be notified of potential ticket availability. The form may be accessed at https://tinyurl.com/uscit-india.

British Nationals in India

British citizens who wish to return to the U.K. must email the High Commission of the United Kingdom at Conqry.Newdelhi@fco.gov.uk. The High Commission of the United Kingdom indicates that British nationals should be prepared to stay in-country until commercial flights resume. Additional information is available at https://www.gov.uk/foreign-travel-advice/india/return-to-the-uk.

Italian Nationals in India

Italian nationals are requested to report their presence to the Embassy of Italy in New Delhi by providing information to the Embassy on shorturl.at/qHWY1.

We are closely monitoring matters in India and will provide further updates as they are announced by the Indian government. If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

March 30, 2020

New DOL Guidance and Postings: What Employers Need to Know

Following up on the Families First Coronavirus Response Act (FFCRA) enacted on March 18, the United States Department of Labor (DOL) has released additional information explaining employers’ obligations and answering certain questions that have been raised about the new law. On March 24, the DOL issued guidance to employers on complying with the FFCRA which they continued to update over the course of the week. Specifically, the DOL issued a fact sheet which may be found here.

Guidance Updates

The DOL confirmed that the FFCRA will go into effect as of April 1, 2020 (not April 2 as previously reported). The DOL confirmed that covered employers will qualify for dollar for dollar reimbursement through tax credits for all qualifying wages paid under the FFCRA and amounts paid by the employer to maintain health insurance coverage for the employee while on leave. The DOL also indicated that it will observe a temporary period of non-enforcement for the first 30 days after April 1, provided the employer has acted reasonably and in good faith to comply with the act. The DOL detailed what constitutes “good faith” in a service bulletin that may be found here.

Q&A on Employer Obligations

The DOL also released a set of Questions and Answers to assist employers in understanding their obligations under the FFCRA. Among the matters clarified in the Q&A’s was the calculation of the 500 employee threshold for coverage (only employers with fewer than 500 employees are covered). The DOL confirmed that both full time and part time employees working in the US are counted, and that two or more commonly ownership interests will be deemed separate employers unless they meet the integrated employer test under the Family and Medical Leave Act (FMLA).

In calculating the employee’s rate of pay for paid leave purposes, commissions and tips are included. The DOL also indicated that an employee can only take 80 hours of leave for any purpose, such that the employee cannot use 80 hours of leave for self-quarantine and then later seek emergency sick leave for a different reason. An employee who is unable to work or telework because a child’s school is closed may take 2 weeks of paid emergency sick leave and 10 weeks of paid expanded FMLA leave; however, the employee may take no more than 12 weeks of FMLA leave in any 12 month period. The DOL also clarified the circumstances under which FFCRA expanded leave may be taken intermittently.

New Guidelines for Leave Requests

The DOL Q&A’s provided examples of documentation that an employer may require of the employee requesting leave. The DOL also clarified that if the employer closes its workplace or furloughs the employee before the employee requests leave, the employee will be ineligible for FFCRA leave. In addition, if the employer shuts its workplace during a leave, the leave will end. The same would be true if the employee’s position is among those being laid off; however, the employer would need to show that the employee’s layoff was unrelated to the leave. In addition, if the employer reduces the employee’s hours, the employee may not use paid sick leave or family leave to make up the hours.

Small Business Exemption Criteria

The DOL also detailed the requirements for an employer of fewer than 50 employees to take advantage of the small business exemption from the FFCRA. Specifically, a small business may claim this exemption if an authorized officer determines that one of the following three criteria are met:

  • The provision of the requested leave would result in the employer’s expenses and financial obligations exceeding available revenues and cause the small business to cease operating at a minimal capacity;
  • The absence of the employee requesting leave would entail a substantial risk to the financial health or operational capabilities of the employer because of the employee’s specialized skills, knowledge of the business, or responsibilities; or
  • There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee requesting leave, and these labor or services are needed for the employer to operate at a minimal capacity.

Required Employee Notice and Poster

Finally, on March 26, the DOL provided additional guidance on the notice mandated to be given to employees by April 1, 2020, and the acceptable methods of physical and electronic communicating the notice. The DOL also provided a poster which employers may use to provide the notice.

Best Practices for Employers

The above summary of the latest DOL guidance on the FFCRA is not meant to be exhaustive and employers are encouraged to review the DOL guidance in its entirety. Employers also are encouraged to continuously review the DOL site as the information is being updated frequently. As the DOL guidance cannot anticipate every employer question based on their specific circumstances, employers should consult with an attorney with their specific questions or if they require more clarity on this new law.

March 30, 2020

New York State Tax Deadline Extended to July 15

New York State has extended the deadline for personal income tax and corporation tax returns from April 15, 2020 to July 15, 2020. This is in keeping with the federal tax deadline which was extended to July 15. This extension applies to individuals, fiduciaries (estate and trusts) and corporations. Taxpayers will be allowed to defer all related payments due on April 15, 2020 to July 15, 2020, without penalties and interest.

What this Means for Filing Returns

  • Taxpayers do not need to take any additional steps to apply for relief. Returns due on April 15, 2020 will automatically be granted the filing and payment deadline extension and relief from penalties and interest. Taxpayers who are due a refund are still urged to file as soon as possible.
  • 2019 returns due on April 15, 2020, and related payments of tax or installments of tax, including installments of estimated taxes for the 2020 tax year, will not be subject to any failure to file or pay, late payment or underpayment penalties or interest if filed and paid by July 15, 2020
  • If you are unable to file by the new deadline you can request an automatic extension. Your return will be due on October 15, 2020, if the extension request is filed by July 15, 2020 and you properly estimate and pay your 2019 tax liability with your extension request.
  • Interest, penalties, and additions to tax with for extended filings and payments start to accrue on July 16, 2020.
  • If you already filed your 2019 return and scheduled your direct debit payment, it will not be automatically rescheduled to occur on July 15, 2020. You must cancel and schedule a new direct debit payment.
  • Fiduciary income tax returns are due September 30, 2020, for calendar-year taxpayers who request an automatic extension to file by July 15, 2020.

Exceptions

  • No extension is provided for any other type of state tax, or for the filing of any state information return.
  • Payment of income tax withheld by employers using Form NYS-1, Return of Tax Withheld, must be made on time.

For more information, visit: www.tax.ny.gov.

Meredith Mazzola
Partner, Tax Group
mmazzola@gibney.com