Disaster victims in Florida qualify for tax relief

This is an article just announced on the Thompson Reuters Website:


DISASTER VICTIMS IN FLORIDA QUALIFY FOR TAX RELIEF

IRS has announced on its website that victims of Hurricane Hermine in counties of Florida that are designated as federal disaster areas qualifying for individual assistance have more time to make tax payments and file returns. Certain other time-sensitive acts also are postponed. This article summarizes the relief that's available and includes up-to-date disaster area designations and extended filing and deposit dates for all areas affected by storms, floods and other disasters in 2016.
Who gets relief. Only taxpayers considered to be affected taxpayers are eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts. Affected taxpayers are those listed in Reg. § 301.7508A-1(d)(1) and thus include:
  • Any individual whose principal residence, and any business entity whose principal place of business, is located in the counties designated as disaster areas;
  • Any individual who is a relief worker assisting in a covered disaster area, regardless of whether he is affiliated with recognized government or philanthropic organizations;
  • Any individual whose principal residence, and any business entity whose principal place of business, is not located in a covered disaster area, but whose records necessary to meet a filing or payment deadline are maintained in a covered disaster area;
  • Any estate or trust that has tax records necessary to meet a filing or payment deadline in a covered disaster area; and
  • Any spouse of an affected taxpayer, solely with regard to a joint return of the husband and wife.
What may be postponed. Under Code Sec. 7508A, IRS gives affected taxpayers until the extended date (specified by county, below) to file most tax returns (including individual, estate, trust, partnership, C corporation, and S corporation income tax returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date falling on or after the onset date of the disaster (specified by county, below), and on or before the extended date.
IRS also gives affected taxpayers until the extended date to perform other time-sensitive actions described in Reg. § 301.7508A-1(c)(1) and Rev Proc 2007-56, 2007-34 IRB 388, that are due to be performed on or after the onset date of the disaster, and on or before the extended date. This relief also includes the filing of Form 5500 series returns, in the way described in Rev Proc 2007-56, Sec. 8. Additionally, the relief described in Rev Proc 2007-56, Sec. 17, relating to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.
The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 or 5498 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. IRS, however, will abate penalties for failure to make timely employment and excise deposits, due on or after the onset date of the disaster, and on or before the deposit delayed date (specified by county, below), provided the taxpayer made these deposits by the deposit delayed date.
Affected areas and dates for storms, floods and other disasters occurring in 2016 (or in 2015, with extended dates going into 2016) that are federal disaster areas qualifying for individual assistance, as published on IRS's website, are carried below.
RIA observation: Effective for disasters declared in tax years beginning after Dec. 31, 2007, the term "federally declared disaster" replaced the previously used "presidential disaster area" term (see Code Sec. 1033(h)(3), as amended by Sec. 706(d)(1), Div. C, P.L. 110-343). The new term is substantially the same as the definition of "presidentially declared disaster" under former law. (T.D. 9443, 01/4/2009, see Weekly Alert ¶ 1 01/22/2009)
Arkansas: The following are federal disaster areas qualifying for individual assistance on account of severe storms, tornadoes, straight-line winds and flooding that took place beginning on Dec. 26, 2015: Benton, Carroll, Crawford, Faulkner, Jackson, Jefferson, Lee, Little River, Perry, Sebastian, and Sevier counties.
For these Arkansas counties, the onset date of the disaster was Dec. 26, 2015, the extended date was May 16, 2016 (which includes the 2015 income tax returns normally due on Apr. 18, the Jan. 15 and Apr. 18 deadlines for making quarterly estimated tax payments, the Feb. 1 and May 2 deadlines for quarterly payroll and excise tax returns, and the special Mar. 1 deadline for farmers and fishermen who choose to forgo making estimated tax payments). The deposit delayed date was Jan. 11, 2016.
California: The following are federal disaster areas qualifying for individual assistance on account of the Valley and Butte fires that took place beginning on Sept. 12, 2015: Calaveras and Lake counties.
For these California counties, the onset date of the disaster was Sept. 12, 2015, the extended date was Jan. 15, 2016 (which includes individual returns on extension to October 17, the September 15 deadline for making quarterly estimated tax payments, the 2015 corporate and partnership returns on extension through September 15, and for quarterly payroll and excise tax returns). The deposit delayed date was Sept. 28, 2015.
Florida: The following are federal disaster areas qualifying for individual assistance on account of Hurricane Hermine that took place beginning on Aug. 31, 2016: Citrus, Dixie, Hernando, Hillsborough, Leon, Levy, Pasco, and Pinellas counties.
For these Florida counties, the onset date of the disaster was Aug. 31, 2016, the extended date is Jan. 17, 2017 (which includes the Sept. 15 estimated tax deadline, the 2014 corporate and partnership returns on extension thru Sept. 15, and the Oct. 15 deadline for those who received an extension to file their 2014 return). The deposit delayed date was Sept. 15, 2016.
Louisiana: The following are federal disaster areas qualifying for individual assistance on account of severe storms and flooding that took place beginning on Mar. 8, 2016: Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East Carroll, Franklin, Grant, Jackson, La Salle, Lincoln, Livingston, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, St. Helena, St. Tammany, Tangipahoa, Union, Vernon, Washington, Webster, West Carroll, and Winn parishes.
For these Louisiana parishes, the onset date of the disaster was Mar. 8, 2016, and the extended date was July 15, 2016 (which includes 2015 income tax returns normally due on April 18, the April 18 and June 15 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the May 2 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was Mar. 23, 2016.
Louisiana: The following are federal disaster areas qualifying for individual assistance on account of severe storms and flooding that took place beginning on Aug. 11, 2016: Acadia, Ascension, Avoyelles, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Livingston, Pointe Coupee, St. Helena, St. James, St. Landry, St. Martin, St. Tammany, Tangipahoa, Vermilion, Washington, West Baton Rouge, and West Feliciana parishes.
For these Louisiana parishes, the onset date of the disaster was Aug. 11, 2016, and the extended date is Jan. 17, 2017 (which includes individual returns on extension to Oct. 17, the Sept. 15 deadline for making quarterly estimated tax payments, the 2015 corporate and partnership returns on extension through Sept. 15, and the Oct. 31 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was Aug. 26, 2016.
Mississippi: The following are federal disaster areas qualifying for individual assistance on account of recent storms that took place beginning on Dec. 23, 2015: Benton, Coahoma, Marshall, Monroe, Panola, Prentiss, Quitman, and Tippah counties.
For these Mississippi counties, the onset date of the disaster was Dec. 23, 2015, and the extended date was May 16, 2016 (which includes the 2015 income tax returns normally due on Apr. 18, the Jan. 15 and Apr. 18 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the Feb. 1 and May 2 deadlines for quarterly payroll and excise tax returns and the special Mar. 1 deadline for farmers and fishermen who choose to forgo making estimated tax payments). The deposit delayed date was Jan. 7, 2016. (IR 2016-2)
Mississippi: The following are federal disaster areas qualifying for individual assistance on account of recent storms that took place beginning on Mar. 9, 2016: Bolivar, Clarke, Coahoma, Forrest, George, Greene, Jones, Marion, Panola, Pearl River, Perry, Quitman, Sunflower, Tallahatchie, Tunica, Wayne, and Washington counties.
For these Mississippi counties, the onset date of the disaster was Mar. 9, 2016, and the extended date was July 15, 2016 (which includes the 2015 income tax returns normally due on Apr. 18, the Apr. 18 and June 15 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the May 2 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was Mar. 24, 2016.
Missouri: The following are federal disaster areas qualifying for individual assistance on account of recent storms that took place beginning on Dec. 23, 2015: Barry, Barton, Camden, Cape Girardeau, Cole, Crawford, Franklin, Gasconade, Greene, Hickory, Jasper, Jefferson, Laclede, Lawrence, Lincoln, Maries, McDonald, Morgan, Newton, Osage, Phelps, Polk, Pulaski, Scott, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Stone, Taney, Texas, Webster, and Wright counties.
For these Missouri counties, the onset date of the disaster was Dec. 23, 2015, and the extended date was May 16, 2016 (which includes 2015 income tax returns normally due on April 18, the Jan. 15 and Apr. 18 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the Feb. 1 and May 2 deadlines for quarterly payroll and excise tax returns and the special March 1 deadline for farmers and fishermen who choose to forgo making estimated tax payments). The deposit delayed date was Jan. 7, 2016. (IR 2016-9)
South Carolina: The following are federal disaster areas qualifying for individual assistance on account of severe storms and flooding that took place beginning on Oct. 1, 2015: Bamberg, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dorchester, Fairfield, Florence, Georgetown, Greenville, Greenwood, Horry, Kershaw, Lee, Lexington, Marion, Newberry, Orangeburg, Richland, Spartanburg, Sumter and Williamsburg counties.
For these South Carolina counties, the onset date of the disaster was Oct. 1, 2015, and the extended date was Feb. 16, 2016 (which includes the Oct. 15 deadline for those who received an extension to file their 2014 return). The deposit delayed date was Oct. 16, 2015.
Texas: The following are federal disaster areas qualifying for individual assistance on account of severe storms, tornadoes, straight-line winds and flooding that took place beginning on Oct. 22, 2015: Bastrop, Brazoria, Caldwell, Cameron, Comal, Galveston, Guadalupe, Hardin, Harris, Hays, Hidalgo, Liberty, Navarro, Travis, Willacy, and Wilson counties.
For these Texas counties, the onset date of the disaster was Oct. 22, 2015, and the extended date was Feb. 29, 2016. The deposit delayed date was Nov. 6, 2015.
Texas: The following are federal disaster areas qualifying for individual assistance on account of severe storms, tornadoes, and flooding that took place beginning on Mar. 7, 2016: Erath, Gregg, Harrison, Henderson, Hood, Jasper, Limestone, Marion, Newton, Orange, Parker, Shelby, and Tyler counties.
For these Texas counties, the onset date of the disaster was Mar. 7, 2016, and the extended date was July 15, 2016 (which includes the 2015 income tax returns normally due on April 18, the April 18 and June 15 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the May 2 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was Mar. 22, 2016.
Texas: The following are federal disaster areas qualifying for individual assistance on account of storms that took place beginning on Apr. 17, 2016: Anderson, Austin, Cherokee, Colorado, Fayette, Fort Bend, Grimes, Harris, Liberty, Montgomery, Parker, San Jacinto, Smith, Walker, Wharton, Wood counties.
For these Texas counties, the onset date of the disaster was Apr. 17, 2016, and the extended date was Sept. 1, 2016 (which includes 2015 income tax returns normally due on April 18, the April 18 and June 15 deadlines for making quarterly estimated tax payments, and a variety of business tax deadlines including the May 2 and Aug. 1 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was May 2, 2016. (IR 2016-67)
Texas: The following are federal disaster areas qualifying for individual assistance on account of the severe storms and flooding that took place beginning on May 26, 2016: Austin, Bastrop, Brazoria, Brazos, Burleson, Eastland, Fayette, Fort Bend, Grimes, Harris, Hidalgo, Hood, Kleberg, Lee, Liberty, Montgomery, Palo Pinto, Parker, San Jacinto, Stephens, Travis, Tyler, Waller, and Washington counties.
For these Texas counties, the onset date of the disaster was May 26, 2016, and the extended date is Oct. 17, 2016 (which includes the June 15 and Sept. 15 deadlines for making quarterly estimated tax payments, the 2015 corporate and partnership returns on extension through Sept. 15, and the Aug. 1 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was June 10, 2016.
West Virginia: The following are federal disaster areas qualifying for individual assistance on account of the severe storms, flooding, landslides, and mudslides that took place beginning on June 22, 2016: Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Monroe, Roane, Summers, Nicholas, Pocahontas, and Webster counties.
For these West Virginia counties, the onset date of the disaster was June 22, 2016, and the extended date is Nov. 15, 2016 (which includes individual returns on extension to Oct. 17, the Sept. 15 deadline for making quarterly estimated tax payments, the 2015 corporate and partnership returns on extension through Sept. 15, and the Aug. 1 deadlines for quarterly payroll and excise tax returns). The deposit delayed date was July 7, 2016.
References: For postponement of tax deadlines due to disasters, see FTC 2d/FIN ¶ S-8500; United States Tax Reporter ¶ 75,08A4; TG ¶ 1944.


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