Special rules for casualty losses arising from major disasters

(a)

Treatment of losses

(1)

In general

Section 165(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(6)

Special rule for qualified disaster losses

(A)

In general

If an individual has a qualified net disaster loss for any taxable year, the amount determined under paragraph (2)(A)(ii) shall be the sum of—(i)such net disaster loss, and(ii)so much of the excess referred to in the matter preceding clause (i) of paragraph (2)(A) (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual.(B)

Qualified net disaster loss

For purposes of subparagraph (A), the term qualified net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains.(C)

Qualified disaster-related personal casualty losses

(i)

In general

For purposes of this subsection, the term qualified disaster-related personal casualty losses means losses described in subsection (c)(3) (determined after application of paragraph (1)) which arise in a qualified disaster area on or after the first day of the incident period of the qualified disaster to which such area relates, and which are attributable to such disaster.(ii)

Qualified disaster area

(I)

In general

The term qualified disaster area means any area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act if the incident period of the disaster with respect to which such declaration is made begins after December 27, 2020.(II)

Exception

Such term shall not include any area which is a qualified disaster area as defined in section 301 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.(iii)

Qualified disaster

The term qualified disaster means, with respect to any qualified disaster area, the disaster by reason of which a major disaster was declared with respect to such area.(iv)

Incident period

For purposes of this paragraph, the term incident period means, with respect to any qualified disaster, the period specified by the Federal Emergency Management Agency as the period during which such disaster occurred.

(2)

Conforming amendment

Section 165(h)(5)(B)(ii) of such Code is amended by inserting or (6) after paragraph (2)(A).(b)

Dollar limitation

Section 165(h)(1) of the Internal Revenue Code of 1986 is amended by striking $500 ($100 for taxable years beginning after December 31, 2009) and inserting $100 ($500 in the case of any net disaster loss to which paragraph (3) applies). (c)

Standard deduction

(1)

In general

Section 63(c)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting and, and by adding at the end the following new subparagraph:

(C)the disaster loss deduction.

(2)

Disaster loss deduction

Section 63(c) of such Code is amended by adding at the end the following new paragraph:

(8)

Disaster loss deduction

For the purposes of paragraph (1), the term disaster loss deduction means the excess of qualified net disaster losses (as defined in section 165(h)(6)(B)) over the amount of personal casualty gains (as defined in section 165(h)(3)(A)) reduced by any portion of such gains taken into account under section 165(h)(5)(B)(i).

(d)

Treatment under alternative minimum tax

Section 56(b)(1)(D) of the Internal Revenue Code of 1986 is amended by inserting (other than the disaster loss deduction) after section 63(c).(e)

Effective date

The amendments made by this section shall apply to losses incurred in taxable years beginning after December 31, 2019.