This act ensures that tax deadlines for filing returns, claiming refunds, and receiving collection notices are automatically extended by the same period granted for disaster relief.
Gregory Murphy
Representative
NC-3
This Act, the Disaster Related Extension of Deadlines Act, ensures that tax deadlines postponed due to a disaster also apply to the time limit for filing tax credit or refund claims. Furthermore, it requires the IRS to factor in these disaster-related postponement periods when calculating the deadline for issuing tax collection notices. This standardizes the treatment of deadlines following a declared disaster.
| Party | Total Votes | Yes | No | Did Not Vote |
|---|---|---|---|---|
Republican | 218 | 212 | 0 | 6 |
Democrat | 213 | 211 | 0 | 2 |
If you’ve ever lived through a major flood, fire, or hurricane, you know that dealing with paperwork—especially tax paperwork—is the absolute last thing on your mind. But sometimes, those disasters hit right when you're supposed to be filing or claiming a refund, forcing you to choose between safety and the statute of limitations. This bill, the Disaster Related Extension of Deadlines Act, aims to fix a long-standing administrative headache for disaster victims.
Right now, when a federally declared disaster hits, the IRS often grants an extension on the deadline for filing your tax return (that’s under Section 7508A). But here’s the kicker: historically, that extension didn't always automatically apply to the deadline for claiming a tax credit or refund, which is typically a tight three-year window (Section 6511(b)(2)(A)). This meant that even if the IRS said you had extra time to file, you could still miss the window to claim money owed to you simply because you were focused on rebuilding your life.
This bill closes that loophole. It explicitly amends the Internal Revenue Code to state that if a disaster postpones your filing deadline, that same postponement period must also apply to the time limit for claiming a refund. Think of it this way: if a hurricane gives you an extra 90 days to file your return, you now automatically get an extra 90 days to file for any refund you're owed. This is a common-sense change that ensures taxpayers don't get penalized for circumstances outside their control.
The bill also addresses how the IRS handles collection notices during a disaster. Under current rules, the IRS has to send you notice before they start trying to collect taxes you owe. This bill mandates that when the IRS determines the deadline for sending a tax collection notice (Section 6303(b)), they must factor in any disaster-related postponement periods you were granted.
Why does this matter? Imagine you’re a small business owner whose records were destroyed in a fire. You’ve been granted a 120-day extension to sort out your taxes. This provision ensures the IRS can’t prematurely send you a scary collection notice before that 120-day extension is up. It’s a necessary administrative measure that respects the disaster relief period and prevents undue pressure on people already struggling to recover.
Overall, this legislation is a win for fairness and administrative clarity. It doesn't create new tax breaks, but it provides crucial breathing room for individuals and businesses in disaster zones. It ensures that when life throws a curveball, the tax code doesn't make things worse by snatching away your right to a refund or hitting you with early collection demands. For busy people recovering from a disaster, this means one less bureaucratic deadline to worry about while they focus on getting back on their feet.