§ 7508A.
Authority to postpone certain deadlines by reason of Federally declared disaster, significant fire, or terroristic or military actions
(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.
(d)
Mandatory 60-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 60 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.
(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
(6)
Multiple declarations
(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.)