2002 US Code
Title 26 - INTERNAL REVENUE CODE
CHAPTER 77 - MISCELLANEOUS PROVISIONS
Sec. 7508A - Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 2, Title 26 - INTERNAL REVENUE CODE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 26 - INTERNAL REVENUE CODE CHAPTER 77 - MISCELLANEOUS PROVISIONS Sec. 7508A - Authority to postpone certain deadlines by reason of Presidentially declared disaster or terroristic or military actions |
Contains | section 7508A |
Date | 2002 |
Laws in Effect as of Date | January 6, 2003 |
Positive Law | No |
Disposition | standard |
Source Credit | Added Pub. L. 105-34, title IX, §911(a), Aug. 5, 1997, 111 Stat. 877; amended Pub. L. 107-16, title VIII, §802(a), June 7, 2001, 115 Stat. 149; Pub. L. 107-134, title I, §112(a), Jan. 23, 2002, 115 Stat. 2433. |
Statutes at Large References | 111 Stat. 877 112 Stat. 2681-909 113 Stat. 1927 115 Stat. 149, 2433 |
Public Law References | Public Law 105-34, Public Law 105-277, Public Law 106-170, Public Law 107-16, Public Law 107-134 |
§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 overpaymentsThe rules of section 7508(b) shall apply for purposes of this section.
(Added Pub. L. 105–34, title IX, §911(a), Aug. 5, 1997, 111 Stat. 877; amended Pub. L. 107–16, title VIII, §802(a), June 7, 2001, 115 Stat. 149; Pub. L. 107–134, title I, §112(a), Jan. 23, 2002, 115 Stat. 2433.)
Amendments2002—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, §§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 AmendmentAmendment 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 AmendmentPub. L. 107–16, title VIII, §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 DateSection 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 FailuresPub. 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 AreasSection 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.”
Section Referred to in Other SectionsThis section is referred to in sections 6081, 6161, 6404 of this title.
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