This Act excludes compensation received for losses and damages from qualified wildfires from federal income tax.
Alejandro "Alex" Padilla
Senator
CA
This bill, the "Protect Innocent Victims of Taxation After Fire Extension Act," excludes federal income tax on qualified relief payments received by individuals for losses, expenses, or damages resulting from federally declared wildfires occurring after December 31, 2014. This exclusion applies only to amounts not already covered by insurance or other sources. The tax benefit is effective for payments received after December 31, 2025.
If you’ve ever had to deal with the aftermath of a natural disaster, you know the financial recovery is often as brutal as the event itself. This bill, officially the “Protect Innocent Victims of Taxation After Fire Extension Act,” aims to take one headache off the table for people recovering from devastating wildfires: the federal income tax bill on their relief money.
This legislation creates a federal tax exclusion for what it calls “qualified wildfire relief payments.” Essentially, if an individual receives money to compensate them for losses, expenses, or damages—including those annoying additional living expenses (ALE) or even lost wages—due to a qualified wildfire, that money won’t be counted as gross income for federal tax purposes (SEC. 2).
Think about the contractor whose home and tools burned down, or the office worker who had to evacuate for a month and lost paychecks. Any compensation they receive to cover those specific losses is now shielded from the IRS. This is a huge win for financial recovery, ensuring that 100% of the relief money goes toward rebuilding, not paying Uncle Sam.
There are two key definitions here. First, the wildfire has to be a “qualified wildfire disaster,” which means it was a federally declared disaster resulting from a forest or range fire. Second, and this is the important part for past victims, the disaster declaration must have occurred after December 31, 2014. This means the bill offers a kind of retroactive eligibility for disasters going back nearly a decade, even though the tax exclusion itself only applies to payments received after December 31, 2025 (SEC. 2).
For a family who lost their home in a 2018 California fire, if they receive a final settlement or relief payment after 2025, that payment should be excluded from their income. This setup—retroactive eligibility for the disaster date but a future effective date for the payment—is a crucial distinction that helps victims who are still fighting for compensation years later.
While the bill is generous, it’s not a free-for-all. The legislation includes strict rules to prevent “double-dipping” (SEC. 2). If you claim the tax exclusion on a specific payment, you cannot also claim a tax deduction or credit for the same expense. Furthermore, the excluded payment must be for losses, expenses, or damages that were not already covered by insurance or another source. This is designed to ensure the tax break only covers the actual, uninsured financial gap faced by the victim. For a busy person, this means keeping meticulous records is still essential to prove that the relief payment wasn't already covered by your homeowner's policy.