This bill excludes certain qualified payments received for wildfire-related losses and damages from gross income for federal tax purposes.
Doug LaMalfa
Representative
CA-1
The Protect Innocent Victims of Taxation After Fire Extension Act ensures that certain qualified relief payments received by individuals for wildfire-related losses are excluded from their federal gross income. This provision applies to payments covering uninsured or underinsured expenses, damages, or lost wages resulting from federally declared forest or range fires. The tax exclusion is designed to prevent double benefits and is set to expire for payments received after December 31, 2032.
If you’ve ever had to navigate the recovery process after a disaster, you know the last thing you need is a surprise tax bill. The Protect Innocent Victims of Taxation After Fire Extension Act is designed to eliminate just that. Simply put, this bill makes certain payments received by wildfire victims tax-free at the federal level.
Under this proposal, if you receive a “qualified wildfire relief payment,” you won't have to report it as income on your federal taxes. This is a big deal because it means the money intended to help you rebuild, cover extra living expenses (like temporary housing), or replace lost wages due to the disaster actually goes toward those costs, not Uncle Sam. Crucially, this tax break applies only to losses not already covered by insurance or other sources. The goal is to make sure relief funds are genuinely helping fill the gaps left by other aid.
This tax exclusion isn't for every fire. It specifically covers damages stemming from a “qualified wildfire disaster”—meaning a forest or range fire that was declared a federally declared disaster after December 31, 2014. So, while the disaster itself could have happened years ago, the tax break only kicks in for payments you receive after December 31, 2025. Think of a homeowner in a high-risk area who suffered uninsured losses in a 2018 fire but is just now receiving supplemental state or non-profit relief funds; those funds, if received in 2026, would be tax-free.
While this is a clear benefit, the bill is careful to prevent what the IRS calls “double-dipping.” If you exclude a relief payment from your income under this new rule, you cannot also claim a tax deduction or credit for that same expense. For example, if a relief fund gives you $5,000 tax-free to replace a damaged roof, you can’t then claim a casualty loss deduction for that $5,000 expense on your taxes. This keeps the system fair and prevents people from getting two separate tax breaks for the same loss. It’s a necessary complexity that busy taxpayers need to be aware of during recovery.
This tax relief is temporary. The exclusion is set to expire for any amounts received after December 31, 2032. While it provides a significant, immediate benefit for those recovering from recent and past wildfires, it’s not a permanent change to the tax code. This means future disaster relief legislation will likely need to address this tax issue again down the road. For now, however, it offers a solid seven-year window where disaster relief payments intended to help victims recover won't be eaten away by federal income tax.