The "Hurricane Helene and Milton Tax Relief Act of 2025" provides tax relief to individuals and businesses in qualified disaster areas, including an earned income credit option, increased charitable contribution limitations, and relaxed rules for retirement fund use. It also allows for re-contribution of retirement funds used for home purchases that were impacted by the hurricanes.
Vern Buchanan
Representative
FL-16
The Hurricane Helene and Milton Tax Relief Act of 2025 provides tax relief to individuals and businesses in areas affected by Hurricanes Helene and Milton. It allows for the use of prior-year income for Earned Income Credit calculations, increases limitations on charitable contributions for hurricane relief, and provides special rules for the use of retirement funds, including penalty-free withdrawals and increased loan limits. The Act also allows for re-contribution of retirement funds withdrawn for home purchases that were impacted by the hurricanes.
The Hurricane Helene and Milton Tax Relief Act of 2025 is stepping in to provide financial relief if you've been hit hard by the recent hurricanes. This isn't just about extending deadlines; it's about real, tangible help for individuals and businesses in the designated disaster areas (those officially declared major disaster zones between September 28 and November 2, 2024, per SEC. 2). Let's break down what this means in practice.
One of the biggest helps in this bill is the flexibility it gives for calculating your Earned Income Credit (EIC). If your income took a hit in 2024 because of the hurricanes, you can use your 2023 income instead to figure out your EIC (SEC. 3). For a family that saw their work hours cut or a small business owner who had to close temporarily, this could mean a significantly larger tax refund when they need it most.
Charitable giving also gets a boost. Say you're donating cash to a qualified charity specifically for hurricane relief between the start of the hurricanes and December 31, 2025. This bill increases how much of that donation you can deduct (SEC. 4). There are limits, of course. Individuals can deduct up to their entire contribution base (minus other deductions), and corporations can deduct up to 20% of their taxable income. Plus, you can even treat donations made all the way up until April 15, 2025, as if you made them in 2024. This means you can get a bigger tax break sooner. The key here is that the money has to go to qualified charities helping with hurricane relief, and you'll need written proof that your donation is being used for that purpose.
This is where the bill gets really practical for a lot of people. If you need to tap into your retirement savings because of hurricane-related losses, the usual 10% early withdrawal penalty is waived for "qualified hurricane disaster distributions" up to $100,000 (SEC. 5). This means you can access those funds without getting hit with that extra tax. You also have three years to re-contribute that money back into your retirement account, and it'll be treated like a rollover, so no taxes are owed on the re-contribution.
For those who were planning to use retirement funds to buy a home in the disaster area but couldn't because of the hurricanes, there's a provision for you, too. If you took money out for a home purchase between 180 days before and 30 days after the hurricanes, you can put that money back into your retirement account by December 31, 2025 (SEC. 5). And if you need to take out a loan from your retirement plan, the bill increases the loan limit to $100,000 and allows for delayed repayments (SEC. 5). This gives you more breathing room to get back on your feet.
Imagine a construction worker who lost tools and workdays because of the hurricane. They can use their higher 2023 income to get a bigger EIC, potentially access retirement funds without penalty, and deduct any charitable contributions they make to help their neighbors. Or picture a small business owner who had to close their shop temporarily. They can also benefit from the EIC flexibility, deduct donations, and potentially take a larger loan from their retirement plan to help cover expenses while they rebuild.
While this bill offers significant relief, it's worth noting that there are checks and balances. For example, incorrectly claiming the EIC benefit will be treated as a math error, and there are specific requirements for charitable contributions to qualify for the increased deductions (SEC. 3 & 4). The bill also provides guidelines to prevent misuse of retirement funds, like the $100,000 cap on penalty-free withdrawals and the three-year re-contribution window (SEC. 5). The goal is to help those genuinely affected by the hurricanes, not to create loopholes. The bill also allows for plan amendments to be made retroactively, giving plans time to adjust to these new rules (SEC. 5).