05/13/2024

Taxpayers in 11 Ohio Counties Can Seek Disaster Assistance

The IRS wants to help those impacted by the recent tornadoes

On May 2, 2024, President Joe Biden declared that a disaster exists in the state of Ohio with certain areas identified by the Federal Emergency Management Agency (FEMA) to be eligible for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121- et seq. (Stafford Act).

The federal declaration was made after tornadoes began on March 14, 2024. The areas designated by FEMA to be eligible for assistance, hereinafter referred to as the “IRS Designated Disaster Area” are shown on the attachment. If FEMA declares additional counties eligible for assistance, the relief described in this memorandum will also apply to them. For purposes of the following filing and payment relief, “affected taxpayers” includes taxpayers whose principal residence or principal place of business is located in the IRS Designated Disaster Area, taxpayers whose records necessary to meet a deadline occurring during the postponement period are located in the IRS Designated Disaster Area, relief workers affiliated with a recognized government or philanthropic organization assisting with the relief activities in the IRS Designated Disaster Area and any individual visiting the IRS Designated Disaster Area who were killed or injured as a result of the disaster.

Notice 1462 will be included for all correspondence addressed to taxpayers in the IRS Designated Disaster Area beginning May 9, 2024, and ending Sept. 3, 2024. A listing identifying the areas requiring Notice 1462 will post on IRS Disaster Assistance Declarations.

Disaster programming will be applied to the tax accounts of taxpayers located in the IRS Designated Disaster Area for the disaster relief period beginning March 14, 2024, and ending September 3, 2024. The area identified for the -S Freeze shown on the attachment will be posted at IRS Disaster Assistance Declarations.

Affected taxpayers who reside or have businesses located outside the designated disaster area must call the IRS disaster toll free number at (866) 562-5227 to self- identify for disaster relief.

Relief Provisions Which Apply Only to Affected Taxpayers:

• Requests for photocopies of tax returns from taxpayers located in the IRS Designated Disaster Area should be expedited and user fees waived. These requests, when filed, should be labeled across the top margin “Ohio Tornadoes.”
• Affected taxpayers with an original or extended return due date that falls on or after March 14, 2024, and before Sept. 3, 2024, are granted additional time to file through September 3, 2024, under IRC Section 7508A. This includes any return of income tax (e.g., individual, corporate, including S corporation, estate and trust income tax returns), estate, gift and generation-skipping transfer tax returns; partnership information returns; employment and certain excise tax returns.
• Affected taxpayers that have a return with an original due date that falls on or after March 14, 2024, and before Sept. 3, 2024, who request an extension of time to file the return will have until the later of the extended due date under IRC Section 6081 (the original return due date plus the applicable extension period) or the end of the postponement period in which to timely file the return.
• Payments of tax that are due to be paid by an affected taxpayer with respect to a return with an original due date occurring on or after March 14, 2024, and before September 3, 2024, are postponed through Sept. 3, 2024, under IRC Section 7508A. Installment agreement payments (IRC Section 6169) due on or after March 14, 2024), and before Sept. 3, 2024, are postponed through Sept. 3, 2024, only for purposes of not defaulting the installment agreement. Penalties and interest continue to accrue on the prior year liabilities as provided for by law.
• Affected taxpayers that have an estimated income tax payment originally due on or after March 14, 2024, and before Sept. 3, 2024, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Sept. 3, 2024.
• Affected taxpayers that need to perform time-sensitive actions described in Treasury Regulation § 301.7508A-1(c)(1) and Rev. Proc. 2018-58, 2018-50 IRB 990 that fall on or after March 14, 2024, and before Sept. 3, 2024, are granted additional time to act through September 3, 2024.
• Penalties for failure to file will be abated automatically for the period beginning March 14, 2024, and ending Sept. 3, 2024, for affected taxpayers having an original or extended return due date within this period.
• Penalties for failure to pay will be abated automatically for the period beginning March 14, 2024, and ending Sept. 3, 2024, for affected taxpayers having an original return due date within this period. Relief from the failure to pay penalty generally does not apply to payments that were due before the start of the disaster relief period.
• Interest will be abated automatically for the period beginning March 14, 2024, and ending Sept. 3, 2024, for affected taxpayers having an original return due date within this period. Relief from interest generally does not apply to payments that were due before the start of the disaster relief period.
• Affected taxpayers that have both an extension of time to file and an extension of time to pay, and both extended due dates fall on or after March 14, 2024, and before Sept. 3, 2024, are eligible for relief from the penalties for failure to file and failure to pay and interest that would otherwise accrue during this period.
• The filing relief listed above also applies to Form 5500 series returns (that were required to be filed on or after March 14, 2024, and before Sept. 3, 2024) in the manner described in Section 8 of Rev. Proc. 2018-58, 2018-50 IRB 990.