Section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (e), is classified to section 5187 of Title 42, The Public Health and Welfare.
2021—Pub. L. 117–58, § 80504(b)(1), substituted “Federally declared disaster, significant fire,” for “Presidentially declared disaster” in section catchline.
Subsec. (a). Pub. L. 117–58, § 80504(a)(1), which directed insertion of “, a significant fire,” after “federally declared disaster (as defined in section 165(i)(5)(A))”, was executed by making the insertion after “federally declared disaster (as defined by section 165(i)(5)(A))” in introductory provisions, to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 117–58, § 80504(a)(2), inserted “, fire,” after “disaster”.
Subsec. (b). Pub. L. 117–58, § 80504(a)(2), inserted “, fire,” after “disaster”.
Subsec. (d)(1). Pub. L. 117–58, § 80501(a)(1)(B), in concluding provisions, substituted “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))” for “in the same manner as a period specified under subsection (a)”.
Subsec. (d)(1)(B). Pub. L. 117–58, § 80501(a)(1)(A), substituted “the later of such earliest incident date described in subparagraph (A) or the date such declaration was issued” for “the latest incident date so specified”.
Subsec. (d)(3). Pub. L. 117–58, § 80501(a)(2), added par. (3) and struck out former par. (3) which defined the term “disaster area”.
Subsec. (d)(6). Pub. L. 117–58, § 80501(a)(3), added par. (6).
Subsec. (e). Pub. L. 117–58, § 80504(a)(3), added subsec. (e).
2019—Subsec. (d). Pub. L. 116–94 added subsec. (d).
2018—Subsec. (a). Pub. L. 115–141 substituted “section 165(i)(5)(A)” for “section 165(h)(3)(C)(i)” in introductory provisions.
2008—Subsec. (a). Pub. L. 110–343 substituted “federally declared disaster (as defined by section 165(h)(3)(C)(i))” for “Presidentially declared disaster (as defined in section 1033(h)(3))” in introductory provisions.
2002—Pub. L. 107–134 amended section catchline and text generally, substituting present provisions for provisions which had: in subsec. (a), authorized Secretary to postpone certain tax-related deadlines by reason of presidentially declared disaster, and in subsec. (b), provided that subsec. (a) would not apply for the purpose of determining interest on any overpayment or underpayment.
2001—Subsec. (a). Pub. L. 107–16 substituted “120 days” for “90 days” in introductory provisions.
Pub. L. 117–58, div. H, title V, § 80501(b),
Pub. L. 117–58, div. H, title V, § 80504(c),
Pub. L. 116–94, div. Q, title II, § 205(b),
Amendment by Pub. L. 110–343 applicable to disasters declared in taxable years beginning after
Amendment by Pub. L. 107–134 applicable to disasters and terroristic or military actions occurring on or after
Pub. L. 107–16, title VIII, § 802(b),
Pub. L. 105–34, title IX, § 911(c),
For provisions that nothing in amendment by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to
Pub. L. 116–260, div. N, title II, § 274, “(1) by substituting ‘“(2) by substituting ‘
Pub. L. 106–170, title V, § 522, “(a) In the case of a taxpayer determined by the Secretary of the Treasury (or the Secretary’s delegate) to be affected by a Y2K failure, the Secretary may disregard a period of up to 90 days in determining, under the internal revenue laws, in respect of any tax liability (including any interest, 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) of the Internal Revenue Code of 1986 (without regard to the exceptions in parentheses in subparagraphs (A) and (B)) were performed within the time prescribed therefor; and“(2) the amount of any credit or refund.“(b) For purposes of this section, rules similar to the rules of subsections (b) and (e) of section 7508 of the Internal Revenue Code of 1986 shall apply.”
Pub. L. 105–34, title IX, § 915, “(a) 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) 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 [42 U.S.C. 5121 et seq.].“(c) For purposes of this section, the term ‘individual’ shall not include any estate or trust.“(d) This section shall apply to disasters declared after
Memorandum of President of the United States,
Memorandum for the Secretary of the Treasury
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) The deferral shall be made available with respect to any employee the amount of whose wages or compensation, as applicable, payable during any bi-weekly pay period generally is less than $4,000, calculated on a pre-tax basis, or the equivalent amount with respect to other pay periods.
(b) Amounts deferred pursuant to the implementation of this memorandum shall be deferred without any penalties, interest, additional amount, or addition to the tax.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) You are authorized and directed to publish this memorandum in the Federal Register.