H. R. 5027
IN THE HOUSE OF REPRESENTATIVES
August 13, 2021
Mr. Rice of South Carolina (for himself and Ms. DelBene) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to provide relief for taxpayers affected by disasters or other critical events.
This Act may be cited as the
Automatic Relief for Taxpayers Affected by Major Disasters and Critical Events Act.
Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters
Section 7508A(d) of the Internal Revenue Code of 1986 is amended—
in paragraph (1)—
the latest incident date so specified in subparagraph (B) and inserting
the later of such earliest incident date described in subparagraph (A) or the date such declaration was issued; and
in the same manner as a period specified under subsection (a) and inserting
in determining, under the internal revenue laws, in respect of any tax liability of such qualified taxpayer, whether any of the acts described in subparagraphs (A) through (F) of section 7508(a)(1) 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 under subparagraph (B));
by striking paragraph (3) and inserting the following:
For purposes of this subsection, the term disaster area means an area in which a major disaster for which the President provides financial assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.
by adding at the end the following:
For purposes of paragraph (1), in the case of multiple declarations relating to a disaster area which are issued within a 60-day period, a separate period shall be determined under such paragraph with respect to each such declaration.
The amendment made by this section shall apply to federally declared disasters declared after the date of enactment of this Act.
Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation
Section 7508(a)(1) of the Internal Revenue Code of 1986 is amended—
by striking subparagraph (C) and inserting the following:
Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court;
or in respect of any erroneous refund after
any tax in subparagraph (J).
The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act.
Tolling of time for filing a petition with the tax court
Section 7451 of the Internal Revenue Code of 1986 is amended—
The Tax Court and inserting the following:
The Tax Court
by adding at the end the following new subsection:
Tolling of time in certain cases
Notwithstanding any other provision of this title, in any case (including by reason of a lapse in appropriations) in which a filing location is inaccessible or otherwise unavailable to the general public on the date a petition is due, the relevant time period for filing such petition shall be tolled for the number of days within the period of inaccessibility plus an additional 14 days.
For purposes of this subsection, the term filing location means—
the office of the clerk of the Tax Court, or
any on-line portal made available by the Tax Court for electronic filing of petitions.
The heading for section 7451 of the Internal Revenue Code of 1986 is amended by striking
Fee for filing petition and inserting
The item in the table of contents for part II of subchapter C of chapter 76 of such Code is amended by striking
Fee for filing petition and inserting
The amendments made by this section shall apply to petitions required to be timely filed (determined without regard to the amendments made by this section) after the date of enactment of this Act.