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Income Tax Relief in Times of Disaster, February 17, 2006 1 (February 17, 2006)

handle is hein.tera/crstax0098 and id is 1 raw text is: Order Code RS22249
Updated February 17, 2006
CRS Report for Congress
Received through the CRS Web
Income Tax Relief in Times of Disaster
Pamela J. Jackson
Analyst in Public Sector Economics
Government and Finance Division
Summary
Income tax relief in times of disaster is varied, but typically includes several key
provisions in the federal tax code. These provisions include a deduction for casualty
losses, the postponement of filing deadlines, and the abatement of interest and/or fees.
Generally, individuals and businesses can claim an income tax deduction for
casualty losses. When the casualty losses occur in a presidentially declared disaster area
special tax provisions come into play. For example, taxpayers can shorten the amount
of time it takes to receive an income tax refund by filing an amended tax return for the
previous tax year to claim losses from the disaster. Another special tax rule allows for
the deferral of capital gain from involuntary conversions of assets.
Taxpayers in a presidentially declared disaster area who receive grants from
FEMA, state programs, charitable organizations, or employers to cover medical,
transportation, or temporary housing expenses are able to exclude these grants from
taxable income.
Most recently, in response to hurricanes in the Gulf region (Katrina, Wilma, and
Rita), Congress enacted additional tax relief. H.R. 3768, the Katrina Emergency Tax
Relief Act of 2005, became P.L. 109-73 on September 23, 2005, and H.R. 4440, the
Gulf Opportunity Zone Act of 2005, became P.L. 109-135 on December 22, 2005. The
new laws expand existing tax relief for victims of the hurricanes.
This report will be updated as warranted by legislative events.
Special tax law provisions are designed to help taxpayers recover financially from
the impact of a disaster. Although recent legislative attention has focused on the
hurricanes of the fall of 2005, other disasters have included storms and floods, land and
mud slides, wildfires, and tornados. In many cases these disasters result in a presidential
declaration of disaster that affords victims special benefits and incentives to assist in the
recovery. Specifically, areas declared by the President of the United States to warrant
federal assistance as the result of a disaster are designated as presidentially declared
disaster areas. Depending on the circumstances, the IRS may grant additional time to file
returns and pay taxes. Individuals and businesses in a presidentially declared disaster area
Congressional Research Service oe The Library of Congress

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