§ 7508A. — Authority to postpone certain taxrelated deadlines by reason of presidentially declared disaster.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 26USC7508A]
TITLE 26--INTERNAL REVENUE CODE
Subtitle F--Procedure and Administration
CHAPTER 77--MISCELLANEOUS PROVISIONS
Sec. 7508A. Authority to postpone certain deadlines by reason of
Presidentially declared disaster or terroristic or military
actions
(a) In general
In the case of a taxpayer determined by the Secretary to be affected
by a Presidentially declared disaster (as defined in section 1033(h)(3))
or a terroristic or military action (as defined in section 692(c)(2)),
the Secretary may specify a period of up to 1 year that may be
disregarded in determining, under the internal revenue laws, in respect
of any tax liability of such taxpayer--
(1) whether any of the acts described in paragraph (1) of
section 7508(a) were performed within the time prescribed therefor
(determined without regard to extension under any other provision of
this subtitle for periods after the date (determined by the
Secretary) of such disaster or action),
(2) the amount of any interest, penalty, additional amount, or
addition to the tax for periods after such date, and
(3) the amount of any credit or refund.
(b) Special rules regarding pensions, etc.
In the case of a pension or other employee benefit plan, or any
sponsor, administrator, participant, beneficiary, or other person with
respect to such plan, affected by a disaster or action described in
subsection (a), the Secretary may specify a period of up to 1 year which
may be disregarded in determining the date by which any action is
required or permitted to be completed under this title. No plan shall be
treated as failing to be operated in accordance with the terms of the
plan solely as the result of disregarding any period by reason of the
preceding sentence.
(c) Special rules for overpayments
The rules of section 7508(b) shall apply for purposes of this
section.
(Added Pub. L. 105-34, title IX, Sec. 911(a), Aug. 5, 1997, 111 Stat.
877; amended Pub. L. 107-16, title VIII, Sec. 802(a), June 7, 2001, 115
Stat. 149; Pub. L. 107-134, title I, Sec. 112(a), Jan. 23, 2002, 115
Stat. 2433.)
Amendments
2002--Pub. L. 107-134 amended section catchline and text generally,
substituting present provisions for provisions which had: in subsec.
(a), authorized Secretary to postpone certain tax-related deadlines by
reason of presidentially declared disaster, and in subsec. (b), provided
that subsec. (a) would not apply for the purpose of determining interest
on any overpayment or underpayment.
2001--Subsec. (a). Pub. L. 107-16, Secs. 802(a), 901, temporarily
substituted ``120 days'' for ``90 days'' in introductory provisions. See
Effective and Termination Dates of 2001 Amendment note below.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-134 applicable to disasters and terroristic
or military actions occurring on or after Sept. 11, 2001, with respect
to any action of the Secretary of the Treasury, the Secretary of Labor,
or the Pension Benefit Guaranty Corporation occurring on or after Jan.
23, 2002, see section 112(f) of Pub. L. 107-134, set out as a note under
section 6081 of this title.
Effective and Termination Dates of 2001 Amendment
Pub. L. 107-16, title VIII, Sec. 802(b), June 7, 2001, 115 Stat.
149, provided that: ``The amendment made by this section [amending this
section] shall take effect on the date of enactment of this Act [June 7,
2001].''
Amendment by Pub. L. 107-16 inapplicable to taxable, plan, or
limitation years beginning after Dec. 31, 2010, and the Internal Revenue
Code of 1986 to be applied and administered to such years as if such
amendment had never been enacted, see section 901 of Pub. L. 107-16, set
out as a note under section 1 of this title.
Effective Date
Section 911(c) of Pub. L. 105-34 provided that: ``The amendments
made by this section [enacting this section] shall apply with respect to
any period for performing an act that has not expired before the date of
the enactment of this Act [Aug. 5, 1997].''
Authority To Postpone Certain Tax-Related Deadlines by Reason of Y2K
Failures
Pub. L. 106-170, title V, Sec. 522, Dec. 17, 1999, 113 Stat. 1927,
provided that:
``(a) In General.--In the case of a taxpayer determined by the
Secretary of the Treasury (or the Secretary's delegate) to be affected
by a Y2K failure, the Secretary may disregard a period of up to 90 days
in determining, under the internal revenue laws, in respect of any tax
liability (including any interest, penalty, additional amount, or
addition to the tax) of such taxpayer--
``(1) whether any of the acts described in paragraph (1) of
section 7508(a) of the Internal Revenue Code of 1986 (without regard
to the exceptions in parentheses in subparagraphs (A) and (B)) were
performed within the time prescribed therefor; and
``(2) the amount of any credit or refund.
``(b) Applicability of Certain Rules.--For purposes of this section,
rules similar to the rules of subsections (b) and (e) of section 7508 of
the Internal Revenue Code of 1986 shall apply.''
Abatement of Interest on Underpayments by Taxpayers in Presidentially
Declared Disaster Areas
Section 915 of Pub. L. 105-34, as amended by Pub. L. 105-277, div.
J, title IV, Sec. 4003(e)(1), Oct. 21, 1998, 112 Stat. 2681-909,
provided that:
``(a) In General.--If the Secretary of the Treasury extends for any
period the time for filing income tax returns under section 6081 of the
Internal Revenue Code of 1986 and the time for paying income tax with
respect to such returns under section 6161 of such Code (and waives any
penalties relating to the failure to so file or so pay) for any
individual located in a Presidentially declared disaster area, the
Secretary shall, notwithstanding section 7508A(b) of such Code, abate
for such period the assessment of any interest prescribed under section
6601 of such Code on such income tax.
``(b) Presidentially Declared Disaster Area.--For purposes of
subsection (a), the term `Presidentially declared disaster area' means,
with respect to any individual, any area which the President has
determined during 1997 or 1998 warrants assistance by the Federal
Government under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act [42 U.S.C. 5121 et seq.].
``(c) Individual.--For purposes of this section, the term
`individual' shall not include any estate or trust.
``(d) Effective Date.--This section shall apply to disasters
declared after December 31, 1996.''
Section Referred to in Other Sections
This section is referred to in sections 6081, 6161, 6404 of this
title.
