§7508A. Authority to postpone certain tax-related deadlines by reason of presidentially declared disaster

(a) In general

In the case of a taxpayer determined by the Secretary to be affected by a Presidentially declared disaster (as defined by section 1033(h)(3)), the Secretary may prescribe regulations under which a period of up to 90 days may be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any 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) were performed within the time prescribed therefor, and

(2) the amount of any credit or refund.

(b) Interest on overpayments and underpayments

Subsection (a) shall not apply for the purpose of determining interest on any overpayment or underpayment.

(Added Pub. L. 105–34, title IX, §911(a), Aug. 5, 1997, 111 Stat. 877 .)

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, §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, §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."