IRS announces tax relief for Hurricane Delta victims

Victims of Hurricane Delta that began Oct. 6 now have until Feb. 16, 2021, to file various individual and business tax returns and make tax payments, the Internal Revenue Service announced today.

Posted: Oct 20, 2020 9:23 AM
Updated: Oct 20, 2020 5:12 PM

Louisiana — Victims of Hurricane Delta that began Oct. 6 now have until Feb. 16, 2021, to file various individual and business tax returns and make tax payments, the Internal Revenue Service announced.

Following the recent disaster declaration for individual assistance issued by the Federal Emergency Management Agency, the IRS announced today that affected taxpayers in certain areas will receive tax relief.

Individuals and households who reside or have a business in Acadia, Calcasieu, Cameron, Jefferson Davis, and Vermilion parishes qualify for tax relief. Taxpayers in localities added later to the disaster area will automatically receive the same filing and payment relief.

The declaration permits the IRS to postpone certain tax-filing and tax-payment deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Oct. 6, 2020 , and before Feb. 16, 2021, are postponed through Feb. 16, 2021, This includes individual and business tax filers that had a valid extension to file their 2019 return due to run out on Oct. 15, 2020. The IRS noted, however, that because tax payments related to these 2019 returns were due on July 15, 2020, those payments are not eligible for this relief. This relief is separate from that provided for victims of Hurricane Laura in August.

The Feb. 16, 2021 deadline applies to the third quarter estimated tax payment due on Sept. 15. It also applies to the quarterly payroll and excise tax returns normally due on Nov. 2, 2020 and Feb. 1, 2021. In addition, it applies to tax-exempt organizations, operating on a calendar-year basis, that had a valid extension due to run out on Nov. 16. In addition, penalties on deposits due on or after Oct. 6, 2020, and before Oct. 21, 2020, will be abated as long as the tax deposits were made by Oct. 21, 2020.

If an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date that falls within the postponement period, the taxpayer should call the telephone number on the notice to have the IRS abate the penalty. For information on services currently available, visit the IRS operations and services page at IRS.gov/Coronavirus.

The IRS automatically identifies taxpayers located in the covered disaster area and applies filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area should call the IRS disaster hotline at 866-562-5227 to request this tax relief.

Covered Disaster Area
The localities listed above constitute a covered disaster area for purposes of Treas. Reg. §301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers
Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses (including tax-exempt organizations) whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Under section 7508A, the IRS gives affected taxpayers until Feb. 16, 2021, to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; annual information returns of tax-exempt organizations; and employment and certain excise tax returns), that have either an original or extended due date occurring or after Oct. 6, 2020 , and before Feb. 16, 2021.

Affected taxpayers that have an estimated income tax payment originally due on or after Oct. 6, 2020 , and before Feb. 16, 2021, are postponed through Feb. 16, 2021, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Feb. 16, 2021.The IRS also gives affected taxpayers until Feb. 16, 2021 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2018-58, 2018-50 IRB 990 (Dec. 10, 2018), that are due to be performed on or after Oct. 6, 2020 , and before Feb. 16, 2021, are postponed through Feb. 16, 2021.

This relief also includes the filing of Form 5500 series returns that were required to be filed on or after Oct. 6, 2020 , and before Feb. 16, 2021, are postponed through Feb. 16, 2021, in the manner described in section 8 of Rev. Proc. 2018-58. The relief described in section 17 of Rev. Proc. 2018-58, pertaining 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.

Unless an act is specifically listed in Rev. Proc. 2018-58, the postponement of time to file and pay does not apply to information returns in the W-2, 1094, 1095, 1097, 1098 or 1099 series; to Forms 1042-S, 3921, 3922 or 8027; or to employment and excise tax deposits. However, penalties on deposits due on or after Oct. 6, 2020, and before Oct. 21, 2020, will be abated as long as the tax deposits were made by Oct. 21, 2020.

Casualty Losses
Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either the year in which the event occurred, or the prior year. See Publication 547 for details.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684, Casualties and Thefts and its Instructions.

Affected taxpayers claiming the disaster loss on a 2019 or 2020 return should put the Disaster Designation, “Louisiana - Hurricane Delta,” in bold letters at the top of the form. Be sure to include the disaster declaration number, FEMA 4570, on any return. See Publication 547 for details.

Other Relief
The IRS will waive the usual fees and requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation “Louisiana - Hurricane Delta,” in bold letters at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case. Taxpayers may download forms and publications from the official IRS website, IRS.gov.

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