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)) 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 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 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.
(Added and amended by Pub. L. 105-34, title IX, Sec. 911(a), 915(a), Aug. 5, 1997, 111 Stat 788; 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.)
BACKGROUND NOTES
AMENDMENTS
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 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].
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.”
