Along with other due date deferrals, the
transition tax annual payment was deferred.

In Notice 2021-21, the Internal Revenue Service (IRS) announced the postponement of certain deadlines for individuals to May 17, including the income tax filing deadline that is normally April 15. The guidance also postponed the due date of an individual’s deferred foreign income installment payment to that date.

Section 965

Generally, under Section 965, U.S. shareholders must pay a “transition tax” on the untaxed foreign earnings of specified foreign corporations as if those earnings had been repatriated to the United States. This transition tax applies to only the last tax year of a “deferred foreign income corporation” that begins before January 1, 2018 (calendar year 2017). The rules allow a taxpayer to elect to pay its transition tax liability in annual installments over eight years — commonly referred to as the Sec. 965(h) installment payment election.

If a person makes the election, the first installment payment is to be paid on the due date (without regard to extensions) for the tax return of the relevant tax year. Each succeeding installment payment is then required on the due date (without regard to extensions) for the tax return of the tax year following the tax year for which the previous installment payment was made.

Affected Taxpayers

As mentioned, in Notice 2021-21, the IRS stated the deadline relief otherwise granted also postponed the due date of an affected taxpayer’s installment payment to May 17, 2021.

For purposes of the Notice, an affected taxpayer is any person with a federal income tax return filed on Form 1040, Form 1040-SR, Form 1040-NR, Form 1040-PR, Form 1040-SS or Form 1040(SP) (Form 1040 series). An affected taxpayer may also be someone with a federal income tax payment reported on or made in connection with one of these forms, that, absent Notice 2021-21, was due April 15, 2021.

On its website, the IRS points out the relief does not apply to installment payments for anyone who is not an affected taxpayer.

If you are an affected taxpayer who’s made an installment payment election, consider this a heads up that an installment payment is due in May. Contact a Moore Doeren Mayhew international tax advisor with questions or to discuss your situation further.

The IRS has resumed certifying the debt of delinquent taxpayers as part of a program under which the U.S. Department of State can revoke the taxpayer’s passport.

Having a “seriously delinquent tax debt” is, unless an exception applies, grounds for denial, revocation or limitation of a passport by the State Department. If the IRS determines a taxpayer has a serious delinquent tax debt, it will “certify” that debt to the State Department. A taxpayer whose debt has been certified cannot be issued a U.S. passport, and such a taxpayer may have an existing passport revoked.

Seriously delinquent tax debt is an individual’s unpaid, legally enforceable federal tax debt (including interest and penalties) totaling more than $54,000 (adjusted yearly for inflation). In previous announcements, the IRS has said it was delaying new certifications of taxpayers who are considered seriously delinquent, and that existing certifications would remain in place unless the taxpayer’s tax situation changes. However, in March, the IRS announced on its website it has resumed notifying the State Department of taxpayers with certified debt.

Affected taxpayers will receive a notice they have been certified. The notice will encourage them to pay what they owe or enter into a payment agreement with the IRS to avoid jeopardizing their passports.

James Miesowicz, CPA
Co-Author