California considerations
The strategies below apply only to the state of California.
Sales and use tax
Effective March 30, 2020, all taxpayers who file a return with a liability of less than $1 million will receive an automatic extension to July 31, 2020 to file and pay the collected sales tax reimbursements from their customers. This means returns for the first quarter of 2020 and March 2020 filings originally due April 30, 2020, are extended automatically for an additional 90 days. 2019 annual use tax returns, originally due April 15, 2020, received an automatic extension to July 31, 2020 as well.
If your company’s liability is $1 million or more, you can still request an extension and relief from penalties and interest that would have applied due to the late filing or late payment of the tax. However, these requests will be approved on a case-by-case basis. Instructions can be located on the CDTFA website.
Finally, for business with less than $5 million in taxable sales, interest-free payment plans are available. Check the CDTFA website for more details.
Business considerations
Businesses should be aware that:
- The applicable tax return and payment of the sales and use tax in full needs to be completed by July 31, 2020.
- Failure to file the return or make the payment of sales and use tax in full at that time will subject the business to interest and penalties after July 31, 2020.
- As of May 11, 2020, second quarter and April monthly filing and payment dates have not been extended.
Businesses should be mindful of using tax collected from their customers for interim operating cash flow needs. The CDTFA isn’t waiving payment of tax.
Businesses still have an obligation to remit tax collected from their customers.
Not all other states have provided relief for either late filing or late payment. You can check the status of your state by visiting its tax collecting agency’s website. Check the date any information was posted to ensure it’s current.
Executive order on CA property tax
Governor Gavin Newsom issued an executive order on May 6, 2020, suspending the California property tax late filing penalty provisions if property tax returns are filed by May 31, 2020. Since May 31, 2020, falls on a Sunday, any property tax statement mailed and postmarked on or before the next business day, June 1, 2020, will be deemed timely filed.
The executive order also extends the property tax payment date for:
- All owner-occupied residential real property
- Real property owned and operated by a qualified small business
The small business definition isn’t the same as the definition used for PPP loan eligibility, therefore it may not apply to larger organizations that were considered small businesses due to special carve outs in the CARES Act.
Governor Newsom’s order covers all tax jurisdictions within the state.
If you’re considering an opportunity to lower property taxes as a result of the market impact of COVID-19, it’s important to understand the lien date, and the time period for which substantial evidence is allowed to support such valuations.
In California, March 31 has historically been the latest date that market data is permissible to support valuations for the earlier Jan. 1 lien date. Exceptions exist for certain disasters, but it remains to be seen whether the pandemic will qualify for such an exception. The appeals process in California has historically started on July 2.
Business considerations
Businesses should be aware that if paying real estate taxes are a condition of an existing lease obligation, they should consult their attorneys regarding available options for deferring payment.