Rep. Steube introduces legislation to provide tax relief for Americans recovering from Hurricane Ian
U.S. Representative Greg Steube (R-Fla.) on Friday introduced legislation to provide income tax relief to Americans recovering from Hurricane Ian. The legislation designates Hurricane Ian as a qualified disaster for the purposes of determining tax treatment of certain disaster-related personal casualty losses.
“Through no fault of their own, Floridians and many other Americans in the Southeast U.S. are now on an expensive road to recovery following Hurricane Ian. Virtually every other recent major hurricane and disasters like the California wildfires have been designated as qualified disasters for tax purposes. The NOAA ranks Hurricane Ian as the third most-costly hurricane in U.S. history,” Steube said. “It’s commonsense that Congress should pass my legislation to designate this horrific storm as a qualified disaster. Congress must do its job and provide much-needed relief to taxpayers so that Floridians can fully recover from this storm and adequately prepare for the next.”
Scroll down to read the bill or click here to download a PDF.
Congressional action is currently needed to designate Hurricane Ian as a qualified disaster. According to the IRS, if you have a qualified disaster loss you may elect to deduct the loss without itemizing your deductions. Your net casualty loss doesn't need to exceed 10% of your adjusted gross income to qualify for the deduction.
'Hurricanes Ian and Nicole: Tax Matters' - Webinar replay and FAQ sheet
The FICPA on Tuesday, Feb. 28, hosted our "Hurricanes Ian and Nicole: Tax Matters" disaster-recovery webinar, featuring relief expert Gerard Schreiber, FICPA Board member Mindy Rankin and Liberty Partners of Tallahassee President Jennifer Green.
If you were unable to attend or if you would like to revisit the session, you can watch the free replay by clicking on the link below.
Mr. Schreiber was also kind enough to compile the questions and answers from the session - and cover additional matters that went unaddressed during the session - in an FAQ sheet you can download here.
Schreiber: Disaster Questions and Answers
This 10-page, disaster-relief FAQ prepared by Gerard Schreiber is an in-depth look into your most pressing concerns, as you help clients navigate the recovery process.
Schreiber: Hurricanes Ian and Nicole casualty losses
Florida residents dealing with the aftermath of Hurricanes Ian and Nicole are discovering that the federal tax treatment of casualty losses from is not as expected.
This important piece from Gerard Schreiber explains how Hurricanes Ian and Nicole do not meet the definition of “qualified disaster loss.” As a result, taxpayers with losses from Hurricanes Ian and Nicole are currently subject to less favorable tax treatment. Here's what practitioners need to know.
FICPA requests relief from FinCEN for Nicole victims
Feb. 16, 2023
The FICPA on Feb. 15 sent a letter to Financial Crimes Enforcement Network acting director Himamauli Das requesting that FinCEN provide Hurricane Nicole victims in the state of Florida relief for filing their Report of Foreign Bank and Financial Accounts (FBAR).
Click here to access a PDF of the full letter.
Hurricane Ian and Nicole filing deadlines and practice management
This article from Gerard Schreiber provides a county-by-county list of extended deadlines for both Hurricanes Ian and Nicole and offers additional information on IRS filing deadlines, the -O Freeze, and other practice management issues.
Gov. Ron DeSantis expands State of Emergency declaration to include all Florida counties
Gov. Ron DeSantis on Thursday issued Executive Order 22-256 (Amending Executive Order 22-253, Emergency Management – Hurricane Nicole), expanding the state of emergency to all 67 Florida counties.
Per the Governor's Office: "On Thursday morning, Hurricane Nicole made landfall as a Category 1 Hurricane near Vero Beach, Florida. As of 10 a.m., Nicole was downgraded to a tropical storm with maximum sustained winds of 50 mph. The Florida Division of Emergency Management, working with the National Hurricane Center to evaluate weather predictions, has determined there is a continuing risk of dangerous storm surge, heavy rainfall, flash flooding, strong winds, hazardous seas, and isolated tornadic activity. Timely precautions are needed to restore the impacted communities, infrastructure, and the general welfare of Florida."
- Executive Order 22-253.pdf (flgov.com)
- Executive Order 22-255.pdf (flgov.com)
- Executive Order 22-256.pdf (flgov.com)
FREE Replay: IRS Disaster Relief Webinar
On Wednesday, Nov. 2, the FICPA presented a 30-minute Webinar hosted by the IRS' Human Capital Office - Disaster Program.
The Webinar offers an overview of IRS tax relief, addresses the latest updates related to Hurricane Ian, refers back to Hurricane Ida, provides a list of resources available to practitioners and filers.
Click on the button below and to launch the Webinar.
IRS: Deadline to file 2019 and 2020 tax returns to get COVID penalty relief postponed in declared disaster area
The Internal Revenue Service reminds taxpayers in areas covered by certain Federal Emergency Management Agency (FEMA) disaster declarations they may have more time to file their returns to qualify for the penalty relief under Notice 2022-36 for their 2019 and 2020 tax returns.
Under Notice 2022-36, penalties for late-filing certain tax returns, as well as penalties for not reporting certain required information on the Form 1065 or Form 1120-S, are waived or abated if the relevant return was filed on or before Sept. 30, 2022. But individuals and households that reside or have a business in recently declared FEMA disaster areas have postponed deadlines to file the return to get this relief, as noted below.
Areas with a deadline of Feb. 15, 2023, include:
- Puerto Rico
- North Carolina
- South Carolina
- Areas in Alaska identified under FEMA’s Major Disaster Declaration 4672
- Hinds County, Mississippi
DOR extends filing due dates for Florida businesses
Florida Department of Revenue Executive Director Jim Zingale issued Emergency Order #22-003, extending certain filing due dates for Florida businesses located in counties impacted by Hurricane Ian. The order extends September 2022 and October 2022 reporting periods for sales and use tax, reemployment tax and several other tax types to November 23, 2022 for the six counties in southwest Florida where Hurricane Ian made landfall: Charlotte, Collier, DeSoto, Hardee, Lee, and Sarasota. This extension is intended to ensure fairness and consistency in tax administration for those impacted by the storm.
FEMA approves Brevard, Orange, Osceola for Public Assistance
On Monday, the Federal Emergency Management Agency (FEMA) approved Florida’s request to amend the Major Disaster Declaration issued on September 29, to assist with Hurricane Ian recovery efforts. The amendment extends the declaration to Brevard, Orange, and Osceola counties to get assistance to all counties in need. A Major Disaster Declaration provides a wide range of federal assistance programs for individuals, as well as funds for both emergency and permanent work and public infrastructure.
Additionally, these counties are now eligible for different categories of the Public Assistance program, including debris removal and permanent work categories. For a period of 60 days from the start of the incident period, FEMA is authorized to provide federal funding for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, at 100 percent of the total eligible costs.
Donations and Recovery Funds: How You Can Help
The FICPA staff has been hard at work advocating for those most impacted by Hurricane Ian's destruction, and we understand that our members are eager to help in any way they can.
If you're looking to assist in the recovery efforts, please consider a donation to the Florida Disaster Fund, the AICPA Benevolent Fund, or the FICPA's Amazon Wishlist, providing supplies to members impacted by the storm.
We thank you for your generosity and for supporting your fellow CPAs!
Complimentary replay: Hurricane Ian disaster relief webinar
In the wake of Hurricane Ian, the FICPA was honored to have nationally renowned disaster relief expert Jerry Schreiber address our members on Thursday.
In the event you were unable to watch the session live, we are pleased to present this complimentary replay.
The webinar covers the most up-to-date information related to Hurricane Ian recovery, addressing tax-filing deadlines, relevant legislation and more.
Click the button below to watch the full webinar and learn how to best serve your clients in a tumultuous time.
Hurricane Ian relief guidance: 'Qualified Disaster Payments'
Hurricane Ian caused unprecedented flooding and damage not seen in a long time by residents of Florida.
Individuals and businesses want to help those affected by this disaster and may not realize there are “Qualified Disaster Payments” that allow disaster victims not to include as income some assistance payments they receive.
FinCEN provides FBAR relief to victims of recent disasters
WASHINGTON, D.C. – FinCEN announced today that victims of Hurricane Fiona in Puerto Rico; Hurricane Ian in Florida, North Carolina, and South Carolina; and storms and floods in parts of Alaska have until February 15, 2023 to file Reports of Foreign Bank and Financial Accounts (FBARs) for the 2021 calendar year.
The FBAR for calendar year 2021 otherwise would be due on or before October 15, 2022.
FinCEN is offering this expanded relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying for individual assistance as a result of Hurricane Fiona; Hurricane Ian; or storms and floods in parts of Alaska. Should FEMA designate FBAR filers in other localities affected by these natural disasters as eligible for individual assistance at a later date, they will receive the same filing relief automatically.
Florida Department of Revenue announces corporate income tax due date extension
TALLAHASSEE, Fla. – Today, Florida Department of Revenue Executive Director Jim Zingale announced extended due dates for corporate income tax filers impacted by Hurricane Ian following the recent declaration from the Internal Revenue Service (IRS). Eligible taxpayers that file Florida corporate income tax returns, as well as Florida corporate income tax installment payments, with original due dates or extended due dates falling on or after September 23, 2022 and before March 2, 2023 will now have a due date of March 2, 2023. This tax relief is applicable to affected businesses anywhere in Florida.
Additional information is available on the Tax Relief for Victims of Hurricane Ian webpage on IRS.gov. Taxpayers outside Florida who require assistance with corporate tax filing may contact the Department's taxpayer services at (850) 488-6800 or GTAHurricaneHelp@floridarevenue.com.
"Hurricane Ian was an historically catastrophic storm, and the total impact is yet to be determined. The Department of Revenue is ready to assist business owners in the affected areas as they deal with the damages and begin to recover," said Director Zingale.
California grants tax relief for Hurricane Ian victims
Sacramento – The Franchise Tax Board (FTB) today announced special state tax relief for taxpayers and businesses affected by Hurricane Ian.
Taxpayers and businesses in presidentially declared disaster areas are granted an extension to Feb. 15, 2023, to file California tax returns on 2021 income and make any tax payments that would have been due between Sept. 23, 2022, and Feb. 15, 2023.
“This offers relief to taxpayers who were victims of Hurricane Ian and have a California filing requirement,” said State Controller and FTB Chair Betty T. Yee. “For some, this will mean several additional months to file their California tax returns or make their quarterly estimated tax payment to the state.”
The relief means those affected taxpayers who would have had an Oct. 17, 2022, tax filing deadline now have until Feb. 15, 2023 to file. However, tax year 2021 tax payments originally due on April 18, 2022, are not eligible for the extension.
FICPA President & CEO Shelly Weir: 'Your recovery is our priority'
As Florida begins its recovery in the aftermath of Hurricane Ian, the FICPA is focused on our ongoing relief efforts and what we can do to match those in need with those who want to help.
In our Oct. 4 edition of Advocacy Update, you'll find:
- A link to our newly launched Hurricane Ian Impact Assessment member survey
- Access to our FICPA Hurricane Ian Office Share Portal
- Our letters to the DOR, the IRS, and FinCEN
- And information on two free webinars coming this Thursday on Disaster Relief and the 2022 Election
Member survey: Hurricane Ian Impact Assessment
With recovery efforts underway across the state, FICPA is here to support members throughout Florida who have been impacted by Hurricane Ian.
Please take a moment to complete this member survey, so that we can take steps to provide assistance in the most-needed areas.
As always, you can reach our our Member Service Center at (850) 224-2727 or email@example.com.
Please review our Disaster Relief page, our Hurricane Ian topic page, and our Advocacy Update archive for all the latest news and information.
If you have questions not covered in this list of resources related to tax-filing relief, you can email firstname.lastname@example.org.
FICPA urges DOR to provide state tax relief
On Tuesday, Oct. 4, President & CEO Shelly Weir submitted a formal request to Florida Department of Revenue Executive Director Jim Zingale asking for any and all tax relief that may be available from the Department. Weir also asked the Department to:
- Provide extensions on filing and paying taxes during and after the emergency period, including filing and paying corporate income taxes
- Suspend tolling provisions for all audit and protest periods currently administratively open
- Suspend all collection activities for a reasonable period of time
FICPA sends letter to FinCEN requesting FBAR filing relief
On Monday, Oct. 3, the FICPA sent a letter to the Acting Director of the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) requesting relief from the Oct. 17 Report of Foreign Bank and Financial Accounts (FBAR) filing deadline.
FICPA Chair Julian Dozier: 'We are all in this together'
As of Monday afternoon, we know that more than 6,000 of our fellow CPAs and accounting professionals in the FICPA have been directly impacted by Hurricane Ian. Although we are still assessing the needs of our members in the hardest-hit areas of the state, we know the road to recovery will be a long one.
FICPA staff have been working around the clock to provide members with the most up-to-date disaster relief information, including IRS filing relief.
On behalf of the FICPA, we want to reassure those affected that we are here for you in any way we can be. Look for more information in the days and weeks ahead.
FICPA hosting free Disaster Relief webinar on Thursday, Oct. 6
This Thursday, Oct. 6, from 4-5 p.m., the FICPA will host a complimentary webinar covering all matters related to Hurricane Ian and our state's ongoing recovery.
This session, hosted by nationally renowned disaster expert Jerry Schreiber, will address tax-filing deadlines, relevant legislation, and more.
Join us Thursday to ensure you're getting the most up-to-date information for yourself and your clients.
Have office space? Need office space? Join our portal!
The FICPA is a community of 19,000 strong. Unfortunately, many of our members have been displaced and had their offices destroyed by Hurricane Ian.
The FICPA encourages members not affected by Hurricane Ian to "open your doors" and help fellow members resume their daily business interactions with clients.
If you have office space to share, or if you are displaced and in need of office space, fill out the appropriate form below. An FICPA representative will contact you and match you with a fellow member.
Thank you for your support of your fellow FICPA members!
FICPA sends letter to IRS requesting additional relief
The FICPA on Friday sent a letter to IRS Commissioner Charles Rettig thanking the IRS for granting filing relief to citizens in Florida.
In that letter, we requested additional guidance with respect to the Sept. 30 deadline for COVID-19 penalty relief.
Disruption from Hurricane Ian made it impossible for many to meet the deadline, and we believe relief should be extended to those filings.
We have therefore requested that the IRS grant additional relief to those who were unable to meet the Sept. 30 deadline as a result of Hurricane Ian.
Advocacy Update: IRS relief covers all of Florida
On Thursday, the IRS issued News Release IR-2022-168 providing relief for the entire state of Florida. All counties are included in this relief.
The news release contains this specific language:
“Hurricane Ian victims throughout Florida” and “This means that individuals and households that reside or have a business anywhere in the state of Florida qualify for tax relief.”
As a result, individuals and businesses affected by Hurricane Ian that began Sept. 23 in Florida will have until Feb. 15, 2023, to file returns and pay any taxes that were originally due during this period. This means individuals who had a valid extension to file their 2021 individual income tax until Oct. 17, 2022, will now have until Feb. 15, 2023, to file. The IRS noted, however, that because tax payments related to these 2021 returns were due on April 15, 2022, those payments are not eligible for this relief.
The Feb. 15 extended deadline also applies to quarterly estimated income tax payments that were due on Jan. 17, 2023.
The Feb. 15 deadline also applies to the quarterly payroll and excise tax returns normally due on Oct. 31, 2022, and Jan. 31, 2023. Businesses with an original or extended due date also have the additional time including calendar-year corporations whose 2021 extensions run out on Oct. 17, 2022. It also applies to calendar-year tax-exempt organizations whose 2021 extensions are valid until Nov. 15, 2022.
The IRS' disaster relief page has additional details on returns, payments and tax-related actions qualifying for the additional time.
DOR TIP: Sales and reporting of dyed diesel fuel during penalty relief period
In response to shortages of undyed diesel fuel caused by Hurricane Ian, the Internal Revenue Service (IRS) has announced that the IRS will not impose a penalty when dyed diesel fuel is sold for use or used on the highway. This penalty relief period began September 28, 2022, and will continue through October 19, 2022. Consistent with the federal agency, the Florida Department of Revenue is also waiving the penalty for state fuel tax purposes through October 19, 2022. This relief is available to any person who sells or uses dyed diesel fuel for on-highway use. During the penalty relief period, dyed diesel fuel sold or used for on-highway use should be reported and taxed in the same manner as undyed diesel fuel.
Hurricane Ian Update: 'Major disaster' declaration triggers 60-day extension of tax deadlines
On Thursday, Sept. 29, the White House declared Hurricane Ian a Major Disaster, which releases additional aid to named counties and automatically extends tax-filing deadlines to the later of the original deadline or 60 days from the declaration date, which is Tuesday, Nov. 22, 2022.
The FICPA is actively advocating for additional relief from both federal and state agencies on behalf of our members. We will continue to provide updated information as it becomes available.
Please direct any questions or correspondence related to the relief efforts to the FICPA Governmental Affairs Department at email@example.com.
For more on Major Disaster Declaration, please access this important guide from Gerard H. Schreiber and Valrie Chambers covering all the relevant laws governing tax-filing extensions.
IRS announces tax relief for victims of Hurricane Ian in Florida
WASHINGTON — Victims of Hurricane Ian that began September 23 in Florida now have until February 15, 2023, to file various individual and business tax returns and make tax payments, the Internal Revenue Service announced today.
Following the recent disaster declaration issued by the Federal Emergency Management Agency, the IRS announced today that affected taxpayers in certain areas will receive tax relief.
Individuals and households affected by Hurricane Ian that reside or have a business anywhere in the state of Florida qualify for tax relief. The declaration permits the IRS to postpone certain tax-filing and tax-payment deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after September 23, 2022, and before February 15, 2023, are postponed through February 15, 2023.
This means individuals who had a valid extension to file their 2021 return due to run out on October 17, 2022, will now have until February 15, 2023, to file. The IRS noted, however, that because tax payments related to these 2021 returns were due on April 18, 2022, those payments are not eligible for this relief.
The February 15, 2023, deadline applies to the quarterly estimated tax payments, normally due on January 17, 2023 and to the quarterly payroll and excise tax returns normally due on October 31, 2022, and January 31, 2023. Businesses with an original or extended due date also have the additional time, including calendar-year corporations whose 2021 extensions run out on October 17, 2022.
Penalties on payroll and excise tax deposits due on or after September 23, 2022, and before October 10, 2022, will be abated as long as the tax deposits are made by October 10, 2022.
If an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date that falls within the postponement period, the taxpayer should call the telephone number on the notice to have the IRS abate the penalty. For information on services currently available, visit the IRS operations and services page at IRS.gov/coronavirus.
The IRS automatically identifies taxpayers located in the covered disaster area and applies filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area should call the IRS disaster hotline at 866-562-5227 to request this tax relief.
Our community of success is your community of support
FICPA is continually monitoring government channels and will update this site with relevant information as it becomes available.
If we can be of any assistance to members recovering from the effects of the Hurricane, please contact us at 800-342-3197 or by emailing firstname.lastname@example.org. You can also reach us via live chat at FICPA.org. We will respond as quickly as we can.
Preparing for the hurricane
In the case of a federally declared disaster, taxpayers can visit the IRS webpage for information or call 866-562-5227 to speak with an IRS specialist trained to handle disaster-related issues. A taxpayer impacted by a disaster outside of a federally declared disaster area may qualify for disaster relief. This includes taxpayers who are not physically located in a disaster area, but whose records necessary to meet a filing or payment deadline postponed during the relief period are located in a covered disaster area. Taxpayers located outside of a federally declared disaster area must self-identify to receive relief by calling 866-562-5227.