§ 7508A. Authority to postpone certain deadlines by reason of Federally declared disaster, significant fire, or terroristic or military actions

3,274 words·~15 min read·/usc/title-26/section-7508a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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—

(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),

(2)the amount of any interest, penalty, additional amount, or addition to the tax for periods after such date, and

(3)the amount of any credit or refund.

(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.

(c)Special rule for State-declared disasters

(1)In general The Secretary (after consultation with the Administrator of the Federal Emergency Management Agency) may, upon the written request of the Governor of a State (or the Mayor, in the case of the District of Columbia), apply the rules of subsections

(a)and

(b)to a qualified State declared disaster in the same manner as a disaster, fire, or action otherwise described in subsection (a).

(2)Qualified State declared disaster For purposes of this section, the term “qualified State declared disaster” means, with respect to any State, any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the State, which in the determination of the Governor of such State (or the Mayor, in the case of the District of Columbia) causes damage of sufficient severity and magnitude to warrant the application of the rules of this section.

(3)State For purposes of this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(d)Special rules for overpayments The rules of section 7508(b) shall apply for purposes of this section.

(e)Mandatory 120-day extension

(1)In general In the case of any qualified taxpayer, the period—

(A)beginning on the earliest incident date specified in the declaration to which the disaster area referred to in paragraph

(2)relates, and

(B)ending on the date which is 120 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)).

(2)Qualified taxpayer For purposes of this subsection, the term “qualified taxpayer” means—

(A)any individual whose principal residence (for purposes of section 1033(h)(4)) is located in a disaster area,

(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,

(C)any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting in a disaster area,

(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,

(E)any individual visiting a disaster area who was killed or injured as a result of the disaster, and

(F)solely with respect to a joint return, any spouse of an individual described in any preceding subparagraph of this paragraph.

(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.

(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—

(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),

(B)making distributions under section 408(d)(4),

(C)recharacterizing contributions under section 408A(d)(6), and

(D)making a rollover under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3).

(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 may be) any period specified under subsection

(a)or

(b)with respect to such person.

(6)Multiple declarations For purposes of paragraph (1), in the case of multiple declarations relating to a disaster area which are issued within a 120-day period, a separate period shall be determined under such paragraph with respect to each such declaration.

(f)11 So in original. There are two subsecs. (f). 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.

(f)1 Application to limitation on credit or refund For purposes of section 6511(b)(2)(A), any period disregarded under this section with respect to the time prescribed for filing any return of tax shall be treated as an extension of time for filing such return.

(Added Pub. L. 105–34, title IX, § 911(a), Aug. 5, 1997, 111 Stat. 877; amended Pub. L. 107–16, title VIII, § 802(a), June 7, 2001, 115 Stat. 149; Pub. L. 107–134, title I, § 112(a), Jan. 23, 2002, 115 Stat. 2433; Pub. L. 110–343, div. C, title VII, § 706(a)(2)(D)(vii), Oct. 3, 2008, 122 Stat. 3922; Pub. L. 115–141, div. U, title IV, § 401(b)(10)(B), Mar. 23, 2018, 132 Stat. 1202; Pub. L. 116–94, div. Q, title II, § 205(a), Dec. 20, 2019, 133 Stat. 3245; Pub. L. 117–58, div. H, title V, §§ 80501(a), 80504(a), (b)(1), Nov. 15, 2021, 135 Stat. 1335, 1336; Pub. L. 119–29, § 2(a), (b), July 24, 2025, 139 Stat. 471; Pub. L. 119–64, § 2(a)(1), Dec. 26, 2025, 139 Stat. 1984.)