Tax Relief for Disaster Victims Across the United States and its Territories
As of April 15, 2024
From time to time, the IRS issues notices providing tax relief to taxpayers affected by certain disaster situations across the country. See each IRS Notice at the links below. A taxpayer involved in a 1031 exchange may qualify for relief if they are a victim of one of these disasters.
An “Affected Taxpayer” is an individual who lives, or a business with a principal place of business located in, the applicable Covered Disaster Area from the below list. Affected Taxpayers are entitled to relief in the form of an extension regardless of where their exchange property is located.
Affected Taxpayers have two options for relief*:
- An Affected Taxpayer whose 45th and/or 180th day deadline falls on or after the listed Disaster Date, but before the applicable Extension Date, may extend the deadline to the Extension Date.
- An Affected Taxpayer whose relinquished property was transferred prior to the Disaster Date may extend any deadline falling on or after the Disaster Date by the later of 120 days or to the Extension Date.
Taxpayers who are NOT “Affected Taxpayers,” but who otherwise have difficulty meeting their 45th or 180th day deadlines, may be eligible for extension relief of either 120 days, or to the Extension Date (whichever is later).
- For example, their replacement property could be located in the Covered Disaster Area and all parties there are prevented from being able to accomplish a closing by the 180th day. Even though the Exchangor purchasing the property does not reside in the Covered Disaster Area and is thus not an “Affected Taxpayer,” they are able to make use of the extension so that they can acquire the property and complete their exchange.
Additionally, any 45th day that fell prior to the Disaster Date is also extended if the taxpayer’s identified replacement property is substantially damaged by the disaster.
Taxpayers should always consult in detail with their tax advisors when determining whether they are eligible for and what steps must be taken to utilize an extension due to a disaster. It is also important to check with your applicable taxing authorities whether on a state or local level, these extensions will be honored for any state-specific tax deadlines to be met.
*These options are provided under Sections 6 and 17 of Revenue Procedure 2018-58. The full text, including all circumstances in which Section 17 extension relief can be granted to a non-Affected Taxpayer, can be viewed here: rp-18-58.pdf (irs.gov)
RECENT DISASTER RELIEF:
Arkansas - Severe Storms & Flooding
Disaster Date: April 2, 2025
Extension Date: November 3, 2025
Covered Disaster Area: The entire state of Arkansas.
Tennessee - Severe Storms & Flooding
Disaster Date: April 2, 2025
Extension Date: November 3, 2025
Covered Disaster Area: The entire state of Tennessee.
West Virginia - Severe Storms & Flooding
Disaster Date: February 15, 2025
Extension Date: November 3, 2025
Covered Disaster Area: Boone, Greenbrier, Lincoln, Logan, McDowell, Mercer, Mingo, Monroe, Raleigh, Summers, Wayne and Wyoming counties in West Virginia.
Kentucky - Severe Storms & Flooding
Disaster Date: February 14, 2025
Extension Date: November 3, 2025
Covered Disaster Area: The entire state of Kentucky.
Disaster Date: January 7, 2025
Extension Date: October 15, 2025
Covered Disaster Area: Los Angeles County in California.
New Mexico - Severe Storms & Flooding
Disaster Date: October 19 2024
Extension Date: May 1, 2025
Covered Disaster Area: Chaves County in New Mexico.
Disaster Date: August 5, 2024
Extension Date: May 1, 2025
Covered Disaster Area: City and Borough of Juneau in Alaska.
Disaster Date: October 5, 2024
Extension Date: May 1, 2025
Covered Disaster Area: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Flagler, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lafayette, Lake, Lee, Levy, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putman, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, and Volusia counties in Florida.
Alabama, Florida, Georgia, Virginia, North Carolina, South Carolina and Tennessee - Hurricane, Tropical Storm & Post-tropical Cyclone Helene
Disaster Date: September 22, 2024 for Alabama; September 23, 2024 for Florida; September 24, 2024 for Georgia; September 25, 2024 for Virginia and the Carolinas; September 26, 2024 for Tennessee.
Extension Date: May 1, 2025
Covered Disaster Area:
- All counties in Alabama.
- Alachua, Bay, Bradford, Calhoun, Charlotte, Citrus, Collier, Columbia, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, and Washington counties in Florida.
- All counties in Georgia.
- City of Galax, Grayson, Smyth, Tazewell, Washington, Wise, and Wythe counties in Virginia.
- All counties in North Carolina.
- All counties in South Carolina.
- Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties in Tennessee.