[118th Congress Public Law 148]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 1675]]
Public Law 118-148
118th Congress
An Act
To provide tax relief with respect to certain Federal
disasters. <<NOTE: Dec. 12, 2024 - [H.R. 5863]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Federal Disaster
Tax Relief Act of 2023.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Disaster Tax Relief Act of
2023''.
SEC. 2. <<NOTE: Applicability.>> EXTENSION OF RULES FOR TREATMENT
OF CERTAIN DISASTER-RELATED PERSONAL CASUALTY
LOSSES.
For purposes of applying section 304(b) of the Taxpayer Certainty
and Disaster Tax Relief Act of 2020, section 301 of such Act shall be
applied by substituting ``the Federal Disaster Tax Relief Act of 2023''
for ``this Act'' each place it appears.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION FOR LOSSES OR
DAMAGES RESULTING FROM CERTAIN WILDFIRES.
(a) In General.--For purposes of the Internal Revenue Code of 1986,
gross income shall not include any amount received by an individual as a
qualified wildfire relief payment.
(b) <<NOTE: Definitions.>> Qualified Wildfire Relief Payment.--For
purposes of this section--
(1) In general.--The term ``qualified wildfire relief
payment'' means any amount received by or on behalf of an
individual as compensation for losses, expenses, or damages
(including compensation for additional living expenses, lost
wages (other than compensation for lost wages paid by the
employer which would have otherwise paid such wages), personal
injury, death, or emotional distress) incurred as a result of a
qualified wildfire disaster, but only to the extent the losses,
expenses, or damages compensated by such payment are not
compensated for by insurance or otherwise.
(2) Qualified wildfire disaster.--The term ``qualified
wildfire disaster'' means any federally declared disaster (as
defined in section 165(i)(5)(A) of the Internal Revenue Code of
1986) declared, after December 31, 2014, as a result of any
forest or range fire.
(c) Denial of Double Benefit.--Notwithstanding any other provision
of the Internal Revenue Code of 1986--
(1) no deduction or credit shall be allowed (to the person
for whose benefit a qualified wildfire relief payment is made)
for, or by reason of, any expenditure to the extent of the
[[Page 138 STAT. 1676]]
amount excluded under this section with respect to such
expenditure, and
(2) no increase in the basis or adjusted basis of any
property shall result from any amount excluded under this
subsection with respect to such property.
(d) <<NOTE: Time period.>> Limitation on Application.--This section
shall only apply to qualified wildfire relief payments received by the
individual during taxable years beginning after December 31, 2019, and
before January 1, 2026.
(e) Extension of Period of Limitation.--In the case of a claim for
credit or refund which is properly allocable to the exclusion which is
described in subsection (a)--
(1) the period of limitation prescribed in section 6511(a)
of the Internal Revenue Code of 1986 for the filing of such
claim shall be treated as not expiring earlier than the date
that is 1 year after the date of the enactment of this Act, and
(2) any limitation described in section 6511(b)(2) of such
Code shall not apply.
SEC. 4. <<NOTE: Definitions.>> EAST PALESTINE DISASTER RELIEF
PAYMENTS.
(a) Disaster Relief Payments to Victims of East Palestine Train
Derailment.--East Palestine train derailment payments shall be treated
as qualified disaster relief payments for purposes of section 139(b) of
the Internal Revenue Code of 1986.
(b) East Palestine Train Derailment Payments.--For purposes of this
section, the term ``East Palestine train derailment payment'' means any
amount received by or on behalf of an individual as compensation for
loss, damages, expenses, loss in real property value, closing costs with
respect to real property (including realtor commissions), or
inconvenience (including access to real property) resulting from the
East Palestine train derailment if such amount was provided by--
(1) a Federal, State, or local government agency,
(2) Norfolk Southern Railway, or
(3) any subsidiary, insurer, or agent of Norfolk Southern
Railway or any related person.
(c) Train Derailment.--For purposes of this section, the term ``East
Palestine train derailment'' means the derailment of a train in East
Palestine, Ohio, on February 3, 2023.
[[Page 138 STAT. 1677]]
(d) Effective Date.--This section shall apply to amounts received on
or after February 3, 2023.
Approved December 12, 2024.
LEGISLATIVE HISTORY--H.R. 5863:
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HOUSE REPORTS: No. 118-348 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 170 (2024):
May 21, considered and passed House.
Dec. 4, considered and passed Senate.
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