Mr. Stephen Tackney
Deputy Associate Chief Counsel
Tax Exempt and Government Entities [TE/GE]
Office of the Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment
Taxes)
Internal Revenue Service
1111 Constitution Ave NW
Washington, DC 20224
RE: Contribution Due Date Under CARES ACT Section 360 8
Dear Mr. Tackney:
Notice 2020 -61 did not address that January 1, 2021 is a legal holiday. Instead, in all of the
examples in the Notice , Treasury /IRS assumed that any delayed contributions made under CARES Act
Section 3608 would be made on December 31, 2020.
This assumption is contrary to our belief that because January 1, 2021 is a legal holiday, any
delayed contributions under CARES Act Section 360 8 are due on January 4 , 2021 . Specifically, IRC
Section 7503 provides that:
When the last day prescribed under authority of the internal revenue laws for performing any act
falls on Saturday, Sunday, or a legal holiday, the performance of such act shall be considered
timely if it is performed on the next succeeding day which is not a Saturday, Sunday, or a legal
holiday.
As always, we appreciate your attention to this matter, and we look forward to discussing this
with you.
Sincerely,
American Benefits Council
National Association of Manufacturers
The Committee on Investment of Employee Benefit Assets
The ERISA Industry Committee
U.S. Chamber of Commerce
cc: Ms. Linda Marshall and Mr. Tom Morgan , Office of the Associate Chief Counsel (Employee Benefits,
Exempt Org anizations, and Employment Taxes) , Internal Revenue Service
