On April 21, 2020, the IRS and Treasury issued further guidance regarding relief for foreigners prohibited from departing the United States and U.S. citizens and residents unable to return as a result of the COVID-19 pandemic and related travel disruptions.

Specifically, the IRS issued new Revenue Procedures for Foreigners in the U.S and US citizens and residents overseas and and FAQ related to certain U.S. business activities.

The guidance includes the following:

  1. Revenue Procedure 2020-20 (PDF), which provides that, under certain circumstances, up to 60 consecutive calendar days of U.S. presence that are presumed to arise from travel disruptions caused by the COVID-19 emergency will not be counted for purposes of determining U.S. tax residency and for purposes of determining whether an individual qualifies for tax treaty benefits for income from personal services performed in the United States;
  2. Revenue Procedure 2020-27 (PDF), which provides that qualification for exclusions from gross income under I.R.C. section 911 will not be impacted as a result of days spent away from a foreign country due to the COVID-19 emergency based on certain departure dates; and
  3. An FAQ, which provides that certain U.S. business activities conducted by a nonresident alien or foreign corporation will not be counted for up to 60 consecutive calendar days in determining whether the individual or entity is engaged in a U.S. trade or business or has a U.S. permanent establishment, but only if those activities would not have been conducted in the United States but for travel disruptions arising from the COVID-19 emergency.

Please contact cares@brinkersimpson.com for specific questions or further information.