IRS has announced on its website that victims of severe storms, tornadoes and straight-line winds on April 14, 2011 in counties in Oklahoma that are designated as federal disaster areas qualifying for individual assistance have more time to make tax payments and file returns. In addition, more victims of severe storms, tornadoes and flooding on April 16, 2011 in counties of North Carolina have more time to make tax payments and file returns if they are affected taxpayers in counties that have been designated as federal disaster areas qualifying for individual assistance. Certain other time-sensitive acts also are postponed. This article summarizes the relief that's available and will be updated to include any new disaster area designations and extended filing and deposit dates for areas affected by storms, floods and other disasters in 2011.
Who gets relief. Only taxpayers considered to be affected taxpayers are eligible for the postponement of time to file returns, pay taxes, and perform other time-sensitive acts. Affected taxpayers are those listed in Reg. §301.7508A-1(d)(1) and thus include:
... any individual whose principal residence, and any business entity whose principal place of business, is located in the counties designated as disaster areas;
... any individual who is a relief worker assisting in a covered disaster area, regardless of whether he is affiliated with recognized government or philanthropic organizations;
... any individual whose principal residence, and any business entity whose principal place of business, is not located in a covered disaster area, but whose records necessary to meet a filing or payment deadline are maintained in a covered disaster area;
... any estate or trust that has tax records necessary to meet a filing or payment deadline in a covered disaster area; and
... any spouse of an affected taxpayer, solely with regard to a joint return of the husband and wife.
What may be postponed. Under Code Sec. 7508A, IRS gives affected taxpayers until the extended date (specified by county, below) to file most tax returns (including individual, estate, trust, partnership, C corporation, and S corporation income tax returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date falling on or after the onset date of the disaster (specified by county, below), and on or before the extended date.
IRS also gives affected taxpayers until the extended date to perform other time-sensitive actions described in Reg. §301.7508A-1(c)(1) and Rev Proc 2007-56, 2007-34 IRB 388, that are due to be performed on or after the onset date of the disaster, and on or before the extended date. This relief also includes the filing of Form 5500 series returns, in the way described in Rev Proc 2007-56, Sec. 8. Additionally, the relief described in Rev Proc 2007-56, Sec. 17, relating to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.
The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 or 5498 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. IRS, however, will abate penalties for failure to make timely employment and excise deposits, due on or after the onset date of the disaster, and on or before the deposit delayed date (specified by county, below), provided the taxpayer made these deposits by the deposit delayed date.
Affected areas and dates for storms, floods and other disasters in 2011 that are federal disaster areas qualifying for individual assistance, as published on IRS's website, are carried below.
Observation: Effective for disasters declared in tax years beginning after Dec. 31, 2007, the term “federally declared disaster” replaced the previously used “presidential disaster area” term (see Code Sec. 1033(h)(3), as amended by Sec. 706(d)(1), Div. C, P.L. 110-343). The new term is substantially the same as the definition of “presidentially declared disaster” under former law. (T.D. 9443, 01/4/2009)
North Carolina: The following are federal disaster areas qualifying for individual assistance on account of severe storms, tornadoes and flooding on Apr. 16, 2011: Bertie, Bladen, Craven, Cumberland, Currituck, Greene, Halifax, Harnett, Hertford, Hoke, Johnston, Lee, Onslow, Pitt, Robeson, Sampson, Wake and Wilson counties.
For these North Carolina counties, the onset date of the disaster was Apr. 16, 2011, the extended date is June 30, 2011 (which includes the April 18 deadline for filing 2010 individual income tax returns, making income tax payments and making 2010 contributions to an individual retirement account (IRA)). The deposit delayed date is May 2, 2011.
Oklahoma: The following is the federal disaster area qualifying for individual assistance on account of severe storms, tornadoes and straight-line winds on Apr. 14, 2011: Atoka County.
For this Oklahoma county, the onset date of the disaster was Apr. 14, 2011, the extended date is June 30, 2011 (which includes the April 18 deadline for filing 2010 individual income tax returns, making income tax payments and making 2010 contributions to an individual retirement account (IRA)). The deposit delayed date is Apr. 29, 2011.
References: For postponement of tax deadlines due to disasters, see FTC 2d/FIN ¶S-8500; United States Tax Reporter ¶75,08A4; TaxDesk ¶570,306; TG ¶1944.
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