Partnership Filing Relief

On April 8, 2020, the IRS released Revenue Procedure
2020-23, which allows certain partnerships to file amended partnership returns
and issue amended Schedules K-1 to their partners for taxable years beginning
in 2018 and 2019, in order to claim tax benefits under the CARES Act and other

The Bipartisan Budget Act of 2015 rewrote the provisions
governing partnership tax returns and audits. 
The new rules apply to all partnerships, except for a limited category
of partnerships eligible to elect out, and generally took effect with the
taxable year 2018.  

Section 6031 of the Internal Revenue Code, which requires
that partnerships file their Forms 1065 with the IRS and furnish Schedules K-1
to partners, also generally prohibits partnerships from voluntarily amending
Schedules K-1, except “as otherwise provided by the Secretary [of Treasury or
his delegate].??  Prior to the publication
of this Revenue Procedure, the Secretary had provided no such exception. 

Partners in a partnership are generally required to file
their federal income tax returns consistently with the information reported to
them by the partnership.  As discussed in
Caplin & Drysdale’s recent client alerts, the CARES Act provides
retroactive relief for tax years beginning as early as 2018.  However, section 6031 would have prevented
partnerships and their partners from amending their past tax returns.  Instead, they would have had to file an
“Administrative Adjustment Request,?? which would result in these benefits being
reflected on the partners’ current tax returns, which in most cases would not
be filed until 2021.

By allowing partnerships to file amended returns and furnish
amended Schedules K-1 to take advantage of the provisions of the CARES Act (and
make any other needed corrections), the Revenue Procedure allows partnerships
and their partners to realize tax benefits in the same timeframe as other

Partnerships may take advantage of the Revenue Procedure
only by filing their amended Forms 1065 and furnishing their amended Schedules
K-1 for tax years beginning in 2018 or 2019 before September 30, 2020, and they
must clearly indicate that they wish to take advantage of the Revenue Procedure
when they do so.  Only partnerships that
filed their original returns prior to the Revenue Procedure’s issuance are

If you have questions about the applicability of the CARES Act to your business or you need to understand the implications of filing an amended return, Caplin & Drysdale’s attorneys are standing by to assist.

Mark Allison
 Christopher Rizek 202.862.8852
Charles Ruchelman
James Salles
  Jonathan Black
Benjamin Eisenstat

A New Era of Partnership Representation Before the IRS



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