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Request for a Congressional Review Act Opinion on IRS Notice 2020-65

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Highlights

 

GAO was asked to issue a legal decision regarding whether Internal Revenue Service (IRS) Notice 2020-65, regarding the deferral of certain payroll tax obligations due to COVID-19, is a rule under the Congressional Review Act (CRA). On August 28, 2020, the Internal Revenue Service (IRS) issued Notice 2020-65 "Relief with Respect to Employment Tax Deadlines Applicable to Employers Affected by the Ongoing Coronavirus (COVID-19) Disease 2019 Pandemic."

Before a rule can take effect, CRA requires the agency promulgating the rule to submit to both Houses of Congress and GAO a report containing a copy of the rule and certain additional information. When a rule is submitted to Congress, Congress has an opportunity to review the rule and pass a joint resolution of disapproval to void the rule. IRS submitted Notice 2020-65 to GAO under CRA as a rule on August 31, 2020. In B-330376, November 30, 2018, we determined that when an agency submits a document to GAO under the Congressional Review Act (CRA), we will treat the document as a rule, thus obviating the need for a legal decision from our office. Therefore, since IRS submitted Notice 2020-65 to us, there is no need for a legal decision from our office.

 

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Shirley A. Jones
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