PolicyBrief
S. 1438
119th CongressApr 10th 2025
Disaster Related Extension of Deadlines Act
IN COMMITTEE

This Act extends disaster-related deadline postponements granted by the IRS to also cover the time limits for claiming tax credits or refunds and issuing collection notices.

Raphael Warnock
D

Raphael Warnock

Senator

GA

LEGISLATION

New Disaster Act Gives Taxpayers Extra Time for Refunds and Shields Them from Premature IRS Collection Notices

When a major disaster hits—think hurricanes, wildfires, or floods—the last thing anyone needs is a looming tax deadline. Right now, the IRS has the authority to push back the due date for filing your tax return in declared disaster zones (under Section 7508A of the Internal Revenue Code). The Disaster Related Extension of Deadlines Act is simple: it ensures that when the IRS grants that extra time to file, you automatically get that same extension for claiming a tax credit or refund.

The Refund Lifeline: Aligning Deadlines

This change is a big deal for fairness and cash flow. Before this Act, even if the IRS gave you an extra six months to file your return because your home was underwater, the clock for claiming a refund or credit—say, for the Child Tax Credit or a business tax deduction—might still be ticking down based on the original deadline. If you missed that original window while dealing with insurance claims and rebuilding, you could lose out on money the government owes you.

Under this Act, if the IRS postpones your filing deadline by 180 days due to a disaster, the deadline for you to claim any tax credit or refund related to that tax period is also postponed by 180 days. For example, if you're a small business owner who evacuated during a wildfire and realize months later you missed claiming a specific credit, this provision gives you the breathing room you need to get your financial house in order without sacrificing your refund.

Stopping Premature Collection Calls

The second major piece of this legislation deals with the other side of the coin: taxes owed. When a disaster strikes and the IRS postpones the due date for paying your taxes, this Act ensures the IRS cannot send you a formal notice demanding payment until after that new, postponed payment date has passed.

Think about it: Imagine you’re trying to recover from a tornado, and the IRS has officially pushed your tax payment deadline from April 15th to October 15th. This new rule prevents the IRS from issuing a collection notice—which can sound scary and urgent—any time before October 16th. It legally forces the IRS to respect the disaster-related extension when it comes to collections, giving you one less bureaucratic headache to worry about while you’re focused on recovery.

The Real-World Impact: Less Stress, More Time

This bill doesn't change tax rates or create new credits; it’s purely administrative, focusing on making the IRS process less punitive during emergencies. For busy people juggling work, family, and disaster recovery, it means the government is finally syncing up its own rules. The benefit is clear: more time to find necessary documentation to claim money back, and protection from aggressive collection notices when you've already been given an extension to pay. Both changes apply to claims and notices issued after the bill becomes law, ensuring immediate relief for future disaster victims.