Lack of IRS guidance on state tax payments

Feb 08, 2023 Last reply: 3 years ago 5 Replies

During 2022, various states used pandemic monies from the federal government to issue tax payments. They called them, variously, rebates and refunds.



Alaska, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, and Virginia



Each state is handling it differently. In Virginia, it's reportable and taxable if the taxpayer itemizes but it's not reportable if the taxpayer takes the standard deduction.



In my state, Illinois, it's not taxable. There were two rebates, one for income taxes and another for property taxes (to the property owner if the primary residence).



At the federal level, are these treated the same way as tax refunds, that is, reportable by taxpayers who took an itemized deduction for state taxes paid during the previous year?



Are they reportable as income in some other way?



As the payments may not be the same type of income from one state to the next, will IRS guidance be different from one state to the next?



Not only has IRS yet to issue guidance, they've requested that affected taxpayers wait to file till guidance is issued.



IRS urges special refund recipients to delay filing taxes By ADRIANA MORGA AP



2/7/2023
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IRS Statement - Taxability of State Payments
2/3/2023
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No one can answer your questions definitively before the IRS issues its guidance. I have seen elsewhere that some practitioners are choosing a position and disclosing it via Form 8275 if they think disclosure is necessary. The big chains have also taken a position in advance of IRS guidance, but I don't know what that position is, or whether it is consistent across the country.

I have no problem asking my clients to wait for guidance, but then I don't have a storefront retail practice and most of my clients won't have their documents to me until next month (or later). Obviously, those with storefront practices or simpler returns where the clients are dependent on a quick refund for everyday living expenses must make their decision now.

Ira Smilovitz, EA Leonia, NJ

I trust most here saw the following from the IRS yesterday:

"The Internal Revenue Service will not collect federal taxes against state-issued inflation relief payments or tax refunds, the agency said Friday, a reprieve for tens of millions of taxpayers who received the subsidies."

See

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Actually, I hadn't looked for it. Thanks

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Note that Georgia, Massachusetts, South Carolina, and Virginia issued tax refunds. The payment is not included in income for federal tax purposes if

1) taxpayer didn't itemize, or 2) taxpayer did itemize but didn't receive a benefit in the year of deduction.

I guess that means deductions exceeded tax liability.

There's a handy chart listing payments from 17 other states.

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That page from the IRS repeat "2022" a zillion times. Some of the payments from the FTB in California were issued in 2023 - mine among them, naturally. Am I safe to assume, since this was part of the same program that the IRS has now ""blessed", albeit issued late, that I will exclude it from my 2023 return?

If you patiently wait till 2025, you'll get your guidance.

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