As of this writing, around 150 federal disaster declarations have already been announced for 2024, involving 44 states, two territories, and half a dozen Native American tribes or bands. Hurricane Helene resulted in greater loss of life than any natural disaster since Hurricane Katrina.
After the immediate needs of those affected by disasters for shelter, food, water and communications are met, taxpayers look for help in rebuilding their lives. Both Congress and the Internal Revenue Service have acted to provide tax assistance in response to these disasters.
IRS filing and payment extensions
The IRS routinely issues information releases in response to federal disaster declarations highlighting the tax relief available. This relief includes an extension of filing and payment deadlines for those in the area of the disaster declarations.
In Information Release 2024-253, the IRS addressed tax relief for the Helene disaster declarations. Those disaster areas include the entire states of Alabama, Georgia, North Carolina and South Carolin and 41 counties in Florida, eight counties in Tennessee, and six counties and one city in Virginia. Additional disaster declarations for Hurricane Helene are still possible.
These taxpayers now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments. This includes 2024 individual and business returns normally due during March and April 2025; 2023 individual and corporate tax returns with valid extensions; and quarterly estimated tax payments. It also includes estimated tax payments, quarterly payroll tax returns, and excise tax returns.
The IRS also stated that taxpayers who were already under filing and payment extensions for Tropical Storm Debby and are in the Helene disaster area now are further postponed to May 1, 2025.
The beginning effective date for this extended deadline for disaster relief for Hurricane Helene varies slightly with each disaster declaration: Sept. 22, 2024 in Alabama; Sept. 23 in Florida; Sept. 24 in George; Sept. 25 in North Carolina, South Carolina, and Virginia; and Sept. 26 in Tennessee.
The IRS will automatically provide filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. The service has specified procedures for other taxpayers who had their records in the disaster area but not their address, who recently moved into the area, or who had tax clients outside of the disaster area to obtain relief.
Casualty loss deductions
In addition to filing and payment extensions, the Tax Code provides a casualty loss deduction for uninsured or unreimbursed federal disaster-related losses.
If the property is personal-use property or is not completely destroyed, the amount of the casualty loss is the lesser of the adjusted basis of the property or the decrease in the fair market value of the property as a result of the casualty. If the property is business or income-producing property, such as rental property, and is completely destroyed, then the amount of the loss is the adjusted basis minus any salvage value, insurance or other reimbursement received or expected to be received.
A casualty loss deduction is claimed as an itemized deduction on Schedule A of Form 1040. Even taxpayers who usually claim the standard deduction rather than itemized deductions may have a large enough casualty loss to warrant itemizing deductions. For property held for personal use, $100 must be subtracted from each casualty event after subtracting any salvage value and any insurance or other reimbursement. All such casualty amounts are then totaled, and 10% of the taxpayer's adjusted gross income is subtracted from that amount to total the allowable casualty loss deduction for the year.
Generally, casualty losses are deductible in the year the loss is sustained, which is generally in the year the casualty occurred. A loss is not considered to have been sustained if there is still a reasonable prospect of recovery through a claim for reimbursement. However, very importantly to potentially get more rapid access to funds to speed recovery, a taxpayer can choose to treat the casualty loss as having occurred in the year immediately preceding the tax year in which the disaster loss was sustained, by filing an amended tax return even if the return for that year has already been filed. This can result in a more rapid refund than waiting to claim the casualty loss deduction when the 2024 tax return is filed in 2025.
Congress has in the past sometimes adopted special relief provisions with respect to casualty losses and specific disaster periods but has not yet done so for 2024 disasters.
Access to retirement funds
If the taxpayer has a retirement plan that permits hardship withdrawals, the taxpayer may be able to withdraw funds from the retirement plan penalty-free, with the right to repay the funds to the plan within three years or to spread the tax due on the withdrawn funds over three years.
Starting in 2024, a retirement plan may also permit a taxpayer to make an emergency withdrawal of up to $1,000 penalty-free.
Exclusion for relief payments
Qualified disaster relief payments from a government agency for necessary disaster-related expenses may generally be excluded from taxable income.
Summary
As of this writing, additional hurricanes are still threatening the East and Gulf Coasts, and wildfires continue to burn in the West. The number of federally declared disasters for 2024 is likely to continue to grow. As it has sometimes done in the past, Congress may, after the November elections, pass legislation that may include some additional tax relief for 2024 disasters.
