I.R.C. § 7508A(a) In General —
In the case of a taxpayer determined by the Secretary
to be affected by a federally declared disaster (as defined by section 165(i)(5)(A)), a significant
fire, or a terroristic or military action (as defined in section 692(c)(2)), the Secretary
may specify a period of up to 1 year that may be disregarded in
determining, under the internal revenue laws, in respect of any tax
liability of such taxpayer—
I.R.C. § 7508A(a)(1) —
whether any of the acts described in
paragraph (1) of section 7508(a) were
performed within the time prescribed therefor (determined without
regard to extension under any other provision of this subtitle for
periods after the date (determined by the Secretary) of such disaster,
fire, or action),
I.R.C. § 7508A(a)(2) —
the amount of any interest, penalty,
additional amount, or addition to the tax for periods after such
date, and
I.R.C. § 7508A(a)(3) —
the amount of any credit or refund.
I.R.C. § 7508A(b) Special Rules Regarding Pensions, Etc. —
In the case of a pension or other employee benefit
plan, or any sponsor, administrator, participant, beneficiary, or
other person with respect to such plan, affected by a disaster, fire,
or action described in subsection (a), the Secretary may specify
a period of up to 1 year which may be disregarded in determining
the date by which any action is required or permitted to be completed
under this title. No plan shall be treated as failing to be operated
in accordance with the terms of the plan solely as the result of
disregarding any period by reason of the preceding sentence.
I.R.C. § 7508A(c) Special Rules For Overpayments —
The rules of section 7508(b) shall
apply for purposes of this section.
I.R.C. § 7508A(d) Mandatory 60-Day Extension.—
I.R.C. § 7508A(d)(1) In General. —
In the case of any qualified taxpayer, the period—
I.R.C. § 7508A(d)(1)(A) —
beginning on the earliest incident date
specified in the declaration to which the disaster area referred to
in paragraph (2) relates, and
I.R.C. § 7508A(d)(1)(B) —
ending on the date which is 60 days after
the later of such earliest incident date described in subparagraph
(A) or the date such declaration was issued, shall be disregarded
in determining, under the internal revenue laws, in respect of any
tax liability of such qualified taxpayer, whether any of the acts
described in subparagraphs (A) through (F) of section 7508(a)(1) were
performed within the time prescribed therefor (determined without
regard to extension under any other provision of this subtitle for
periods after the date determined under subparagraph (B)).
I.R.C. § 7508A(d)(2) Qualified Taxpayer.— —
For purposes of this subsection, the term “qualified
taxpayer” means—
I.R.C. § 7508A(d)(2)(A) —
any individual whose principal residence
(for purposes of section 1033(h)(4)) is located in a disaster area,
I.R.C. § 7508A(d)(2)(B) —
any taxpayer if the taxpayer's
principal place of business (other than the business of performing
services as an employee) is located in a disaster area,
I.R.C. § 7508A(d)(2)(C) —
any individual who is a relief worker
affiliated with a recognized government or philanthropic organization
and who is assisting in a disaster area,
I.R.C. § 7508A(d)(2)(D) —
any taxpayer whose records necessary
to meet a deadline for an act described in section 7508(a)(1) are
maintained in a disaster area,
I.R.C. § 7508A(d)(2)(E) —
any individual visiting a disaster area
who was killed or injured as a result of the disaster, and
I.R.C. § 7508A(d)(2)(F) —
solely with respect to a joint return,
any spouse of an individual described in any preceding subparagraph
of this paragraph.
I.R.C. § 7508A(d)(3) Disaster Area.— —
For purposes of this subsection, the term “disaster
area” means an area in which a major disaster for which the
President provides financial assistance under section 408 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5174) occurs.
I.R.C. § 7508A(d)(4) Application To Rules Regarding Pensions.— —
In the case of any person described in subsection (b),
a rule similar to the rule of paragraph (1) shall apply for purposes
of subsection (b) with respect to—
I.R.C. § 7508A(d)(4)(A) —
making contributions to a qualified retirement
plan (within the meaning of section 4974(c)) under section 219(f)(3),
404(a)(6), 404(h)(1)(B), or 404(m)(2),
I.R.C. § 7508A(d)(4)(B) —
making distributions under section 408(d)(4),
I.R.C. § 7508A(d)(4)(C) —
recharacterizing contributions under
section 408A(d)(6), and
I.R.C. § 7508A(d)(4)(D) —
making a rollover under section 402(c),
403(a)(4), 403(b)(8), or 408(d)(3).
I.R.C. § 7508A(d)(5) Coordination With Periods Specified By The Secretary.— —
Any period described in paragraph (1) with respect to
any person (including by reason of the application of paragraph (4))
shall be in addition to (or concurrent with, as the case maybe) any
period specified under subsection (a) or (b) with respect to such
person.
I.R.C. § 7508A(d)(6) Multiple Declarations.— —
For purposes of paragraph (1), in the case of multiple
declarations relating to a disaster area which are issued within a
60-day period, a separate period shall be determined under such paragraph
with respect to each such declaration.
I.R.C. § 7508A(e) Significant Fire.— —
For purposes of this section, the term “significant
fire” means any fire with respect to which assistance is provided
under section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
(Added and amended by Pub.
L. 105-34, title IX, Sec. 911(a), 915(a), Aug. 5, 1997, 111 Stat 788; amended Pub. L. 107-16, title VIII, Sec. 802(a),
June 7, 2001, 115 Stat. 38; Pub. L. 107-134, title I, Sec. 112(a),
Jan. 23, 2002, 115 Stat. 2427; Pub. L. 110-343, div. C, title VII, Sec.
706(a)(2)(D)(vii), Oct. 3, 2008, 122
Stat. 3765; Pub. L. 115-141,
Div. U, title IV, Sec. 401(b)(10)(B), Mar. 23, 2018, 132 Stat. 348; Pub.
L. 116-94, Div. Q, title II, Sec. 205, Dec. 20, 2019; Pub. L. 117-58, Div. H, title V, Secs. 80501,
80504, Nov. 15, 2021, 135 Stat. 429.)
BACKGROUND NOTES
AMENDMENTS
2021—Sec. 7508A. Pub. L. 117-58, Sec. 80501(b)(1), amended
the heading of Sec. 7508A by substituting “Federally Declared
Disaster, Significant Fire,” for “Presidentially Declared
Disaster”.
Subsec. (a). Pub. L.
117-58, Sec. 80504(a)(1), amended subsec. (a) by inserting “,
a significant fire,” after “federally declared disaster
(as defined in section 165(i)(5)(A))”.
Subsec. (a)(1). Pub. L.
117-58, Sec. 80504(a)(2), amended par. (1) by inserting “,
fire,” after “disaster” each place it appears.
Subsec. (b). Pub. L. 117-58,
Sec. 80504(a)(2), amended subsec. (b) by inserting “, fire,”
after “disaster” each place it appears.
Subsec. (e). Pub. L. 117-58, Sec. 80504(a)(3), added
subsec. (e).
Subsec. (d)(1)(B). Pub.
L. 117-58, Sec. 80501(a)(1), amended subpar. (B) by substituting “the
later of such earliest incident date described in subparagraph (A)
or the date such declaration was issued” for “the latest
incident date so specified” and by substituting “in determining,
under the internal revenue laws, in respect of any tax liability of
such qualified taxpayer, whether any of the acts described in subparagraphs
(A) through (F) of section 7508(a)(1) were performed within the time
prescribed therefor (determined without regard to extension under
any other provision of this subtitle for periods after the date determined
under subparagraph (B))” for “in the same manner as a
period specified under subsection (a)”.
Subsec. (d)(3). Pub. L.
117-58, Sec. 80501(a)(2), amended par. (3). Prior to being
amended, it read as follows:
“(3) Disaster Area.— For purposes of
this subsection, the term ‘disaster area’ has the meaning
given such term under subparagraph (B) of section 165(i)(5) with respect
to a Federally declared disaster (as defined in subparagraph (A) of
such section).”
Subsec. (d)(6). Pub. L.
117-58, Sec. 80501(a)(3), amended subsec. (d) by adding
par. (6).
2019 — Subsec. (d). Pub. L. 116-94, Div. Q, Sec. 205, amended
by adding new subsec. (d).
2018 – Subsec. (a). Pub. L. 115-141, Div. U, Sec. 401(b)(10)(B),
amended subsec. (a) by substituting “section 165(i)(5)(A)”
for “section 165(h)(3)(C)(i)”.
2008 - Subsec. (a). Pub. L. 110-343, Div. C, Sec. 706(a)(2)(D)(vii),
amended subsec. (a) by substituting “federally declared disaster
(as defined by section 165(h)(3)(C)(i))” for “Presidentially
declared disaster (as defined in section 1033(h)(3))”.
2002-Section 7508A. Pub. L. 107-134, Sec. 112(a), amended
Section 7508A. Prior to being amended, it read as follows:
“7508A. Authority to postpone certain tax-related
deadlines by reason of presidentially declared
“(a) In General.--In the case of a taxpayer
determined by the Secretary to be affected by a Presidentially declared
disaster (as defined by section 1033(h)(3)), the Secretary may prescribe
regulations under which a period of up to 120 days may be disregarded
in determining, under the internal revenue laws, in respect of any
tax liability (including any penalty, additional amount, or addition
to the tax) of such taxpayer--
“(1) whether any of the acts described in
paragraph (1) of section 7508(a) were performed within the time prescribed
therefor, and
“(2) the amount of any credit or refund.
“(b) Interest on Overpayments and Underpayments.--Subsection
(a) shall not apply for the purpose of determining interest on any
overpayment or underpayment.”
2001--Subsec. (a). Pub. L. 107-16, Sec. 802(a), amended
subsec. (a) by substituting “120 days” for “90 days”.
EFFECTIVE DATE OF 2021
AMENDMENTS
Amendments by Pub. L. 117-58, Sec. 80501, shall apply
to federally declared disasters declared after the date of enactment
of this Act [Enacted: Nov. 15, 2021].
Amendments by Pub. L.
117-58, Sec. 80504, effective for fires for which assistance
is provided after the date of the enactment of this Act [Enacted:
Nov. 15, 2021].
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by Pub. L. 116-94,
Div. Q, Sec. 205, applicable to federally declared disasters declared
after the date of the enactment of this Act. [Dec. 20, 2019]
EFFECTIVE DATE OF 2018
AMENDMENT
Amendment by Pub. L. 115-141, Div. U, Sec. 401(b)(10)(B),
effective for March 23, 2018.
Sec. 401(e) of Pub. L. 115-141, Div. U, provided the following
Savings Provision:
“(e) General Savings
Provision With Respect To Deadwood Provisions.—If—
“(1) any provision
amended or repealed by the amendments made by subsection (b) or (d)
applied to—
“(A) any transaction
occurring before the date of the enactment of this Act,
“(B) any property
acquired before such date of enactment, or
“(C) any item of income,
loss, deduction, or credit taken into account before such date of
enactment, and
“(2) the treatment
of such transaction, property, or item under such provision would
(without regard to the amendments or repeals made by such subsection)
affect the liability for tax for periods ending after such date of
enactment,
“nothing in the amendments
or repeals made by this section shall be construed to affect the treatment
of such transaction, property, or item for purposes of determining
liability for tax for periods ending after such date of enactment.”
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Div. C, Sec. 706(a)(2) of Pub. L. 110-343 effective for disasters
declared in tax years beginning after December 31, 2007.
EFFECTIVE
DATE OF 2002 AMENDMENT
Amendment by Sec. 112(a) of Pub.
L. 107-134 applicable to disasters and terroristic or military
actions occurring on or after September 11, 2001, with respect to
any action of the Secretary of the Treasury, the Secretary of Labor,
or the Pension Benefit Guaranty Corporation occurring on or after
the date of the enactment of this Act [Enacted: Jan. 23, 2002].
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Sec. 802(a) of Pub.
L. 107-16 shall take effect on the date of the enactment
of this Act [Enacted: June 7, 2001.]
Section
901 (Sunset of Provisions of Act) of Pub.
L. 107-16, as amended by Pub.
L. 107-358 and Pub. L.
111-312, Sec. 101(a), and struck by Pub. L. 112-240, Sec. 101(a)(1) (effective
for taxable, plan, or limitation years beginning after Dec. 31, 2012,
and estates of decedents dying, gifts made, or generation skipping
transfers after Dec. 31, 2012), provided that:
“(a)
IN GENERAL.--All provisions of, and amendments made by, this Act shall
not apply--
“(1) to taxable, plan, or limitation years beginning
after December 31, 2012, or
“(2) in the case of title V, to estates of decedents
dying, gifts made, or generation skipping transfers, after December
31, 2012.
“(b)
APPLICATION OF CERTAIN LAWS.--The Internal Revenue Code of 1986 and
the Employee Retirement Income Security Act of 1974 shall be applied
and administered to years, estates, gifts, and transfers described
in subsection (a) as if the provisions and amendments described in
subsection (a) had never been enacted.
“(c)
EXCEPTION.-Subsection (a) shall not apply to section 803 (relating
to no federal income tax on restitution received by victims of the
Nazi regime or their heirs or estates).”
EFFECTIVE
DATE
Effective
with respective to any period for performing an act that has not expired
before the date of the enactment of this Act [Enacted: Aug. 5, 1997].
DEFINITIONS
Sec. 301 of Pub. L. 116-260,
Div. EE, provided:
“SEC. 301. DEFINITIONS
“(1) QUALIFIED DISASTER AREA.—
“(A) IN GENERAL.—The term ‘qualified
disaster area’ means any area with respect to which a major
disaster was declared, during the period beginning on January 1, 2020,
and ending on the date which is 60 days after the date of the enactment
of this Act, by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act if the incident period
of the disaster with respect to which such declaration is made begins
on or after December 28, 2019, and on or before the date of the enactment
of this Act.
“(B) COVID–19 EXCEPTION.—Such
term shall not include any area with respect to which such a major
disaster has been so declared only by reason of COVID–19.
“(2) QUALIFIED DISASTER ZONE.—The term ‘qualified
disaster zone’ means that portion of any qualified disaster
area which was determined by the President, during the period beginning
on January 1, 2020, and ending on the date which is 60 days after
the date of the enactment of this Act, to warrant individual or individual
and public assistance from the Federal Government under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act by reason
of the qualified disaster with respect to such disaster area.
“(3) QUALIFIED DISASTER.—The term ‘qualified
disaster’ means, with respect to any qualified disaster area,
the disaster by reason of which a major disaster was declared with
respect to such area.
“(4) INCIDENT PERIOD.—The term ‘incident
period’ means, with respect to any qualified disaster, the period
specified by the Federal Emergency Management Agency as the period
during which such disaster occurred (except that for purposes of this
title such period shall not be treated as ending after the date which
is 30 days after the date of the enactment of this Act).”
DEFINITIONS
Sec. 201 of Pub. L. 116-94,
Div. Q, provided:
“Sec. 201. Definitions
“For purposes of this title—
“(1) Qualified Disaster Area.—
“(A) In General.—The term “qualified
disaster area” means any area with respect to which a major
disaster was declared, during the period beginning on January 1, 2018,
and ending on the date which is 60 days after the date of the enactment
of this Act, by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act if the incident period
of the disaster with respect to which such declaration is made begins
on or before the date of the enactment of this Act.
“(B) Denial Of Double Benefit.—Such
term shall not include the California wildfire disaster area (as defined
in section 20101 of subdivision 2 of division B of the Bipartisan
Budget Act of 2018).
“(2) Qualified Disaster Zone.—The term “qualified
disaster zone” means that portion of any qualified disaster
area which was determined by the President, during the period beginning
on January 1, 2018, and ending on the date which is 60 days after
the date of the enactment of this Act, to warrant individual or individual
and public assistance from the Federal Government under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act by reason
of the qualified disaster with respect to such disaster area.
“(3) Qualified Disaster.—The term “qualified
disaster” means, with respect to any qualified disaster area,
the disaster by reason of which a major disaster was declared with
respect to such area.
“(4) Incident Period.—The term “incident
period” means, with respect to any qualified disaster, the period
specified by the Federal Emergency Management Agency as the period
during which such disaster occurred (except that for purposes of this
title such period shall not be treated as beginning before January
1, 2018, or ending after the date which is 30 days after the date
of the enactment of this Act).”
APPLICATION WITH RESPECT TO HURRICANE KATRINA
Section 403(b) of Pub.
L. 109-73, before repeal by Pub. L. 109-135, Sec. 201(b)(4) (effective
Dec. 21, 2005), provided that:
“In the case of any taxpayer determined by
the Secretary of the Treasury to be affected by the Presidentially
declared disaster relating to Hurricane Katrina, any relief provided
by the Secretary of the Treasury under section
7508A of the Internal Revenue Code of 1986 shall be for
a period ending not earlier than February 28, 2006, and shall be treated
as applying to the filing of returns relating to, and the payment
of, employment and excise taxes.”
ABATEMENT OF INTEREST ON UNDERPAYMENTS BY TAXPAYERS
IN PRESIDENTIALLY DECLARED DISASTER AREAS
Sec. 915 of Pub. L. 105-34,
as amended by Pub. L. 105-277,
Sec. 4003(e)(1), provided that:
“(a) In General.--If the Secretary of the
Treasury extends for any period the time for filing income tax returns
under section 6081 of the Internal Revenue
Code of 1986 and the time for paying income tax with respect
to such returns under section 6161 of such Code (and waives any penalties
relating to the failure to so file or so pay) for any individual located
in a Presidentially declared disaster area, the Secretary shall, notwithstanding
section 7508A(b) of such Code, abate for such period the assessment
of any interest prescribed under section 6601 of such Code on such
income tax.
“(b) Presidentially Declared Disaster Area.--For
purposes of subsection (a), the term “Presidentially declared
disaster area” means, with respect to any individual, any area
which the President has determined during 1997 or 1998 warrants assistance
by the Federal Government under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act.
“(c) Individual.--For purposes of this section,
the term “individual” shall not include any estate or trust.
“(d) Effective Date.--This section shall
apply to disasters declared after December 31, 1996.”
