IRS Expands Coronavirus Loan, Distribution Relief

The Internal Revenue Service is expanding the categories of individuals eligible for special loans and distributions and providing updated guidance on the tax treatment of these distributions and loans.

The Internal Revenue Service (IRS) has released Notice 2020-50 to help retirement plan participants affected by COVID-19 take advantage of the Coronavirus Aid, Relief and Economic Security (CARES) Act provisions providing enhanced access to plan distributions and plan loans.

With Notice 2020-50, the IRS has expanded the categories of individuals eligible for these types of distributions and loans. Notice 2020-50 also provides guidance and examples for how qualified individuals will reflect the tax treatment of these distributions and loans on their federal income tax filings.

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By way of background, the CARES Act provides that qualified individuals may treat as coronavirus-related distributions (CRDs) up to $100,000 in distributions made from their eligible retirement plans between January 1 and December 30. Such coronavirus-related distributions are not subject to the normal 10% excise tax that otherwise generally applies to distributions made before an individual reaches age 59.5.

The CARES Act further provides that plans may implement relaxed rules for qualified individuals relating to plan loan amounts and repayment terms. In particular, plans may suspend loan repayments that are due from March 27 through December 31, and the dollar limit on loans made between March 27 and September 22 is raised from $50,000 to $100,000.

Critically, Notice 2020-50 expands the definition of who is a qualified individual to take into account additional factors such as reductions in pay, rescissions of job offers and delayed job start dates.

Notice 2020-50 also allows individuals to take loans or distributions to address such adverse financial consequences experienced by a spouse or household member. Other qualifying factors noted in Notice 2020-50 include being quarantined, furloughed or laid off; having work hours reduced due to COVID-19; being unable to work due to lack of child care due to COVID-19; closing or reducing hours of a business that an individual owns or operates due to COVID-19; and having pay or self-employment income reduced due to COVID-19.

Beyond these developments, Notice 2020-50 clarifies that employers can choose whether to implement these coronavirus-related distribution and loan rules, and notes that qualified individuals can claim the tax benefits of coronavirus-related distribution rules even if plan provisions aren’t changed. The guidance clarifies that administrators can rely on an individual’s certification that the individual is a qualified individual—providing a sample certification—but it also notes that an individual must actually be a qualified individual in order to obtain favorable tax treatment.

Finally, Notice 2020-50 provides employers a safe harbor procedure for implementing the suspension of loan repayments otherwise due through the end of 2020, but notes that there may be other reasonable ways to administer these rules.

Economic Murkiness Won’t Soon Dissipate

One economist says there is so much noise in the data that it’s hard to assess where we are right now, let alone where things are going from a macroeconomic perspective.

During a 2020 mid-year market update webcast hosted by Capital Group, Darrell Spence, a lead economist with the firm, said his job has been even more difficult than it usually is during this time of the coronavirus pandemic.

It’s never easy to forecast where the U.S. and global economy may be moving, Spence said, let alone to take such projections and craft assumptions about the future behavior of the equity and bond markets. But, by relying on data and past experience, it is normally possible to create some confidence about where the big picture is heading.

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“The current situation is unprecedented in our lifetimes and that is a real challenge for economists,” Spence said. “Clearly, we are starting to see signs of recovery, but there is a limit to what we can take away from the extraordinary data points we are getting, from March’s unprecedented drop in retail sales to the unprecedented jump we have seen recently. There is just so much happening and there’s no real context for drawing past comparisons.”

As Spence explained, the drivers of the current economic turmoil do not at all resemble the systemic excesses and imbalances that underpinned both the Great Depression and the Great Recession.

“This downturn, this recession were not caused by excesses or issues in the financial system itself,” Spence observed. “Rather, even very healthy businesses were forced to shut down and the economy fell off a cliff because of that. Right now the data is still really unusual and it is more of a Rorschach test. You can read whatever you want into the numbers that we are seeing.”

Spence’s own view right now is that the U.S. is entering a “U-shaped” recovery, meaning that recovery will be fairly gradual but that it will follow a steady upward slope. He compared this prospect with a “W-shaped” recovery, also known as a “double dip recession,” suggesting that outcome is probably less likely. 

“I think a second round of lockdowns is unlikely because of the fact that people won’t accept another lockdown and the fact that we are now starting to have some optimism about effective therapeutics,” Spence suggested. “I also say this because, with all the fiscal stimulus and unemployment benefits being paid out, consumers in aggregate are actually earning more and their savings rate has skyrocketed. So consumers may return to spending pretty quickly.”

On the same day as the Capital Group webcast, Brad McMillan, chief investment officer for Commonwealth Financial Network, published his own mid-year market update. Like Spence, McMillan points to the difficulty in making any sort of predictions about the short-term financial future.

“At about the halfway point of 2020, we’ve already had enough news (and then some) to fill up the entirety of an average year,” McMillan says. “So far, we’ve seen a pandemic explode—and then moderate. The stock market crashed—and then recovered rapidly. There were riots around the nation—and we don’t yet know what comes next there.”

In addition to all these major events, McMillan observes, the political environment has become steadily more confrontational, and “that will likely get worse as we move toward the November elections.”

“In an environment where so much is happening at once, it’s hard to reasonably predict what might happen in the second half of the year,” McMillan warns. “There is a lot we do not know, and outcomes remain very uncertain. At the same time, we do know enough to make some broad educated guesses as to the likely course of events and, just as important, to identify the most critical components of those guesses. Right now, this approach is the best one we can take.”

On McMillan’s analysis, there are signs that the second quarter may be the bottom and that the depression of the second quarter will give way to renewed growth.

“The first sign is the speed and magnitude of the governmental response to the crisis,” he says. “Of course, the decision to impose a shutdown across the country put the economy into an induced coma. But the government also provided life support in the form of trillions of dollars in payments to workers and businesses. Personal income actually rose in response. Plus, although spending dropped, the high savings rate gives consumers the power to spend as the recovery continues.”

The second sign is the success, thus far, of the reopening of the economy.

“Despite the shutdown and layoffs in March and April, jobs started to recover in May,” McMillan says. “This increase is a clear indication that we are past the worst of the job losses and that the recovery is likely to remain strong. Workers can now spend, if they feel confident to do so. Indeed, surveys of consumer confidence have shown that it has bottomed and started to bounce. What happens in the second half of 2020 will depend on how quickly that recovery continues.”

To figure that out, McMillan points to “the four key elements of the economy,” which are consumer spending, business investment, net exports and government spending. Very broadly speaking, the signs appear positive on the first three items, and McMillan says government spending is the “wild card.”

“In the second half of the year, as the economy recovers, additional stimulus is likely to be much less—but not zero,” he proposes. “Low interest rates will remain effective, expanded unemployment insurance will be in place in July and another stimulus program is under discussion for later in the summer. This federal-level stimulus, however, will likely be offset by cuts in government spending at the state and municipal levels. Net stimulus, therefore, is likely to be close to even, leaving government spending as a neutral factor through the end of the year.”

On the whole, McMillan says, the rest of the year looks likely to be a slow healing process.

“The second quarter will be terrible, with a hit to both consumer spending and business investment, partially offset by government stimulus,” he concludes. “The third quarter will likely show some recovery, offset by reduced stimulus. And, hopefully, the fourth quarter will see an economy that has recovered back to levels close to the start of the year, as federal stimulus measures wind down to zero while state and municipal spending moves back to normalized levels. If the virus remains under control (again, our base case) and the economic recovery continues at the rate we have seen, a recovery to January 2020 levels by the end of 2020 looks quite possible.”

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