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Income Tax Relief in Times of Disaster , Record No.: RS22249, Date: September 09, 2005 1 (September 9, 2005)

handle is hein.tera/crstax0097 and id is 1 raw text is: Order Code RS22249
September 9, 2005
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
In response to the devastation caused by Hurricane Katrina, disaster areas have
been designated in 64 parishes in Louisiana, 52 counties in Mississippi, six counties in
Alabama, and three counties in Florida. Special provisions are available for taxpayers
to help recover from the impact of a disaster.
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.
In response to Hurricane Katrina, Congress may choose to consider enacting
additional tax relief. This has been the case in past disasters, notably in response to the
terrorist attacks of September 11, 2001. A provision enacted by the Victims of
Terrorism Tax Relief Act of 2001 allowed an exemption from income taxes for any
individual who died as a result of wounds or injury incurred from the terrorist attacks,
along with a few other forms of tax relief.
This report will be updated in the event of legislative or regulatory changes.
As a result of Hurricane Katrina, which struck on Monday, August 29, 2005, many
individuals and businesses have experienced losses. Special tax law provisions for

Congressional Research Service • -The Library of Congress

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