Postponement of Certain Tax-Related Deadlines by Reason of a Federally Declared Disaster or Terroristic or Military Action, 2370-2373 [E9-767]

Download as PDF 2370 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations regarding the regulatory amendments, and the changes made by HUD at the final rule stage, is provided in the preamble to the November 17, 2008, final rule. The effective date of the November 17, 2008, final rule is January 16, 2009. However, the final rule provides for an appropriate transition period for certain requirements. Other provisions are to be implemented upon the effective date of the final rule. Among those regulatory changes to be implemented upon the effective date of January 16, 2009, is the revised definition of the term ‘‘Required use.’’ This amendment has become the subject of recently initiated litigation. (National Association of Home Builders, et al. v. Steve Preston, et al., Civ. Action No. 08– CV–1324, United States District Court for the Eastern District of Virginia, Alexandria Division.) For reasons related to the proper litigation of this case, HUD is issuing this final rule to delay the effective date of the revised definition of ‘‘Required use’’ for an additional 90 days until April 16, 2009. In general, HUD publishes a rule for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking at 24 CFR part 10. Part 10, however, does provide in § 10.1 for exceptions from that general rule where HUD finds good cause to omit advance notice and public participation. The Department finds that good cause exists to publish this final rule for effect without first soliciting public comment as public comment is impracticable, given the litigation schedule established by the court. ■ Accordingly, HUD’s final rule published on November 17, 2008 at 73 FR 68204 (Docket No. FR 5180–F–03, FR Doc. E8–27070) is corrected as follows: ■ 1. On page 68239, beginning in the first column, § 3500.1(b)(1) is corrected to read as follows: § 3500.1 Designation and applicability. * * * * (b) * * * (1) The definition of Required use in§ 3500.2 is applicable commencing on April 16, 2009; §§ 3500.8(b), 3500.17, 3500.21, 3500.22 and 3500.23, and Appendices E and MS–1 are applicable commencing January 16, 2009. * * * * * mstockstill on PROD1PC66 with RULES * Dated: January 9, 2009. Brian D. Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. [FR Doc. E9–852 Filed 1–14–09; 8:45 am] BILLING CODE 4210–67–P VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9443] RIN 1545–BG16 Postponement of Certain Tax-Related Deadlines by Reason of a Federally Declared Disaster or Terroristic or Military Action AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulation. SUMMARY: This document contains final regulations relating to postponement of certain tax-related deadlines either due to service in a combat zone or due to a federally declared disaster. The regulations reflect changes in the law made by the Victims of Terrorism Tax Relief Act of 2001, the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (TEAMTRA), and current IRS practice. The regulations affect taxpayers serving in a combat zone and taxpayers affected by a federally declared disaster. DATES: Effective Date: These regulations are effective on January 15, 2009. Applicability Dates: For dates of applicability, see § 301.7508A–1(g). FOR FURTHER INFORMATION CONTACT: Mary Ellen Keys, (202) 622–4570 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to the Procedure and Administration Regulations (26 CFR part 301). Section 7508A of the Internal Revenue Code (Code) relates to the postponement of certain tax-related acts by reason of a federally declared disaster or terroristic or military action. Section 7508A was added by section 911(a) of the Taxpayer Relief Act of 1997, Public Law 105–34 (111 Stat. 788, 877–78 (1997)) (the 1997 Act), which was effective for any period for performing an act that had not expired before December 5, 1997. A notice of proposed rulemaking (REG–142680–06) was published in the Federal Register (73 FR 40471–01) on July 15, 2008. No comments were received from the public in response to the notice of proposed rulemaking, and no public hearing was requested or held. In this Treasury decision, the proposed regulations are adopted as revised. Explanation of Revisions Section 301.7508A–1 of these final regulations is revised throughout to use PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 the term ‘‘federally declared disaster’’ instead of the term ‘‘Presidentially declared disaster’’ when referring to any disaster determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq. (the ‘‘Stafford Act’’). Prior versions of these regulations and the proposed regulations included the term ‘‘Presidentially declared disaster’’ as defined in former Code section 1033(h)(3). Sec. 706(a) of TEAMTRA, Div. C of Public Law 110–343 (122 Stat. 3765, 3920), amended Code section 1033(h)(3) by replacing the term ‘‘Presidentially declared disaster’’ with ‘‘federally declared disaster’’ and providing that the term shall have the meaning given such term by section 165(h)(3)(C). Section 165(h)(3)(C), added by section 706(a) of TEAMTRA, defines the term ‘‘federally declared disaster’’ to mean any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Stafford Act. This definition is substantially the same as the definition of ‘‘Presidentially declared disaster’’ under former section 1033(h)(C). Thus, these statutory changes in terminology do not materially impact the meaning of either the proposed or final regulations. Section 301.7508A–1(d)(1) of the final regulations is revised to expand the definition of ‘‘affected taxpayer’’ to include any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose records necessary to meet a deadline for an act specified in paragraph (c) of § 301.7508A–1 are located in the covered disaster area. Section 301.7508A–1(d)(1) of the final regulations further expands the definition of affected taxpayer to include any individual visiting the covered disaster area who was killed or injured as a result of the disaster. These changes reflect current IRS practice of broadly defining the term ‘‘affected taxpayer.’’ Section 301.7508A–1(f) of the final regulations is revised to include a new Example 9. Example 9, which reflects current IRS practice, explains the impact of disaster relief on installment agreement payments that become due during the postponement period. Example 9 explains that the affected taxpayer’s obligation to make installment agreement payments is suspended during the postponement period. Example 9 further explains that, because installment agreement payments pertain to pre-existing tax liabilities, interest and penalties E:\FR\FM\15JAR1.SGM 15JAR1 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations continue to accrue during the postponement period. Special Analyses It has been determined that these final regulations are not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations. The regulations do not impose a collection of information requirement on small business entities, thus the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preceding these regulations was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these final regulations is Mary Ellen Keys of the Office of the Associate Chief Counsel (Procedure and Administration). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: ■ PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read in part as follows: ■ Authority: 26 U.S.C. 7805 * * * Par. 2. Section 301.7508A–1 is amended by: ■ 1. Revising the section heading and paragraphs (b), (d)(1)(vii), (d)(2), and (e). ■ 2. Adding paragraphs (d)(1)(viii) and (d)(1)(ix), and (d)(3). ■ 3. Removing paragraph (f), redesignating paragraphs (g) and (h) as paragraphs (f) and (g), respectively, and revising them. The revisions and additions read as follows: mstockstill on PROD1PC66 with RULES ■ § 301.7508A–1 Postponement of certain tax-related deadlines by reasons of a federally declared disaster or terroristic or military action. * * * * * (b) Postponed deadlines—(1) In general. In the case of a taxpayer VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 determined by the Secretary to be affected by a federally 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 postponement period (as defined in paragraph (d)(1) of this section) of up to one year that may be disregarded in determining under the internal revenue laws, in respect of any tax liability of the affected taxpayer (as defined in paragraph (d)(1) of this section)— (i) Whether any or all of the acts described in paragraph (c) of this section were performed within the time prescribed; (ii) The amount of interest, penalty, additional amount, or addition to the tax; and (iii) The amount of credit or refund. (2) Effect of postponement period. When an affected taxpayer is required to perform a tax-related act by a due date that falls within the postponement period, the affected taxpayer is eligible for postponement of time to perform the act until the last day of the period. The affected taxpayer is eligible for relief from interest, penalties, additional amounts, or additions to tax during the postponement period. (3) Interaction between postponement period and extensions of time to file or pay—(i) In general. The postponement period under section 7508A runs concurrently with extensions of time to file and pay, if any, under other sections of the Internal Revenue Code. (ii) Original due date prior to, but extended due date within, the postponement period. When the original due date precedes the first day of the postponement period and the extended due date falls within the postponement period, the following rules apply. If an affected taxpayer received an extension of time to file, filing will be timely on or before the last day of the postponement period, and the taxpayer is eligible for relief from penalties or additions to tax related to the failure to file during the postponement period. Similarly, if an affected taxpayer received an extension of time to pay, payment will be timely on or before the last day of the postponement period, and the taxpayer is eligible for relief from interest, penalties, additions to tax, or additional amounts related to the failure to pay during the postponement period. (4) Due date not extended. The postponement of the deadline of a taxrelated act does not extend the due date for the act, but merely allows the IRS to disregard a time period of up to one year for performance of the act. To the extent that other statutes may rely on the date PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 2371 a return is due to be filed, the postponement period will not change the due date of the return. (5) Additional relief. The rules of this paragraph (b) demonstrate how the IRS generally implements section 7508A. The IRS may determine, however, that additional relief to taxpayers is appropriate and may provide additional relief to the extent allowed under section 7508A. To the extent that the IRS grants additional relief, the IRS will provide specific guidance on the scope of relief in the manner provided in paragraph (e) of this section. * * * * * (d) * * * (1) * * * (vii) Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose records necessary to meet a deadline for an act specified in paragraph (c) of this section are located in the covered disaster area; (viii) Any individual visiting the covered disaster area who was killed or injured as a result of the disaster; or (ix) Any other person determined by the IRS to be affected by a federally declared disaster (within the meaning of section 1033(h)(3)). (2) Covered disaster area means an area of a federally declared disaster (within the meaning of section 1033(h)(3)) to which the IRS has determined paragraph (b) of this section applies. (3) Postponement period means the period of time (up to one year) that the IRS postpones deadlines for performing tax-related acts under section 7508A. (e) Notice of postponement of certain acts. If a tax-related deadline is postponed under section 7508A and this section, the IRS will publish a revenue ruling, revenue procedure, notice, announcement, news release, or other guidance (see § 601.601(d)(2) of this chapter) describing the acts postponed, the postponement period, and the location of the covered disaster area. Guidance under this paragraph (e) will be published as soon as practicable after the occurrence of a terroristic or military action or declaration of a federally declared disaster. (f) Examples. The rules of this section are illustrated by the following examples: Example 1. (i) Corporation X, a calendar year taxpayer, has its principal place of business in County M in State W. Pursuant to a timely filed request for extension of time to file, Corporation X’s 2008 Form 1120, ‘‘U.S. Corporation Income Tax Return,’’ is due on September 15, 2009. Also due on September 15, 2009, is Corporation X’s third quarter estimated tax payment for 2009. Corporation X’s 2009 third quarter Form 720, E:\FR\FM\15JAR1.SGM 15JAR1 mstockstill on PROD1PC66 with RULES 2372 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations ‘‘Quarterly Federal Excise Tax Return,’’ and third quarter Form 941, ‘‘Employer’s Quarterly Federal Tax Return,’’ are due on October 31, 2009. In addition, Corporation X has an employment tax deposit due on September 15, 2009. (ii) On September 1, 2009, a hurricane strikes County M in State W. On September 7, 2009, certain counties in State W (including County M) are determined to be disaster areas within the meaning of section 1033(h)(3) that are eligible for assistance by the Federal government under the Stafford Act. Also on September 7, 2009, the IRS determines that County M in State W is a covered disaster area and publishes guidance announcing that the time period for affected taxpayers to file returns, pay taxes, and perform other time-sensitive acts falling on or after September 1, 2009, and on or before November 30, 2009, has been postponed to November 30, 2009, pursuant to section 7508A. (iii) Because Corporation X’s principal place of business is in County M, Corporation X is an affected taxpayer. Accordingly, Corporation X’s 2008 Form 1120 will be timely if filed on or before November 30, 2009. Corporation X’s 2009 third quarter estimated tax payment will be timely if made on or before November 30, 2009. In addition, pursuant to paragraph (c) of this section, Corporation X’s 2009 third quarter Form 720 and third quarter Form 941 will be timely if filed on or before November 30, 2009. However, because deposits of taxes are excluded from the scope of paragraph (c) of this section, Corporation X’s employment tax deposit is due on September 15, 2009. In addition, Corporation X’s deposits relating to the third quarter Form 720 are not postponed. Absent reasonable cause, Corporation X is subject to the failure to deposit penalty under section 6656 and accrual of interest. Example 2. The facts are the same as in Example 1, except that because of the severity of the hurricane, the IRS determines that postponement of government acts is necessary. During 2009, Corporation X’s 2005 Form 1120 is being examined by the IRS. Pursuant to a timely filed request for extension of time to file, Corporation X timely filed its 2005 Form 1120 on September 15, 2006. Without application of this section, the statute of limitation on assessment for the 2005 income tax year will expire on September 15, 2009. However, pursuant to paragraph (c) of this section, assessment of tax is one of the government acts for which up to one year may be disregarded. Because September 15, 2009, falls within the period in which government acts are postponed, the statute of limitation on assessment for Corporation X’s 2005 income tax will expire on November 30, 2009. Because Corporation X did not timely file an extension of time to pay, payment of its 2005 income tax was due on March 15, 2006. As such, Corporation X will be subject to the failure to pay penalty and related interest beginning on March 15, 2006. The due date for payment of Corporation X’s 2005 income tax preceded the postponement period. Therefore, Corporation X is not entitled to the suspension of interest or VerDate Nov<24>2008 16:54 Jan 14, 2009 Jkt 217001 penalties during the disaster period with respect to its 2005 income tax liability. Example 3. The facts are the same as in Example 2, except that the examination of the 2005 taxable year was completed earlier in 2009, and on July 28, 2009, the IRS mailed a statutory notice of deficiency to Corporation X. Without application of this section, Corporation X has 90 days (or until October 26, 2009) to file a petition with the Tax Court. However, pursuant to paragraph (c) of this section, filing a petition with the Tax Court is one of the taxpayer acts for which a period of up to one year may be disregarded. Because Corporation X is an affected taxpayer, Corporation X’s petition to the Tax Court will be timely if filed on or before November 30, 2009, the last day of the postponement period. Example 4. (i) H and W, individual calendar year taxpayers, intend to file a joint Form 1040, ‘‘U.S. Individual Income Tax Return,’’ for the 2008 taxable year and are required to file a Schedule H, ‘‘Household Employment Taxes.’’ The joint return is due on April 15, 2009. H and W’s principal residence is in County M in State Q. (ii) On April 2, 2009, a severe ice storm strikes County M. On April 5, 2009, certain counties in State Q (including County M) are determined to be disaster areas within the meaning of section 1033(h)(3) that are eligible for assistance by the Federal government under the Stafford Act. Also on April 5, 2009, the IRS determines that County M in State Q is a covered disaster area and publishes guidance announcing that the time period for affected taxpayers to file returns, pay taxes, and perform other time-sensitive acts falling on or after April 2, 2009, and on or before June 2, 2009, has been postponed to June 2, 2009. (iii) Because H and W’s principal residence is in County M, H and W are affected taxpayers. April 15, 2009, the due date for the filing of H and W’s 2008 Form 1040 and Schedule H, falls within the postponement period described in the IRS published guidance. Thus, H and W’s return will be timely if filed on or before June 2, 2009. If H and W request an extension of time to file under section 6081 on or before June 2, 2009, the extension is deemed to have been filed by April 15, 2009. Thus, H and W’s return will be timely if filed on or before October 15, 2009. (iv) April 15, 2009, is also the due date for the payment due on the return. This date falls within the postponement period described in the IRS published guidance. Thus, the payment of tax due with the return will be timely if paid on or before June 2, 2009 the last day of the postponement period. If H and W fail to pay the tax due on the 2008 Form 1040 by June 2, 2009, and do not receive an extension of time to pay under section 6161, H and W will be subject to failure to pay penalties and accrual of interest beginning on June 3, 2009. Example 5. (i) H and W, residents of County D in State G, intend to file an amended return to request a refund of 2008 taxes. H and W timely filed their 2008 income tax return on April 15, 2009. Under section 6511(a), H and W’s amended 2008 tax return must be filed on or before April 16, PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 2012 (because April 15, 2012 falls on a Sunday, H and W’s amended return was due to be filed on April 16, 2012). (ii) On April 2, 2012, an earthquake strikes County D. On April 6, 2012, certain counties in State G (including County D) are determined to be disaster areas within the meaning of section 1033(h)(3) that are eligible for assistance by the Federal government under the Stafford Act. Also on April 6, 2012, the IRS determines that County D in State G is a covered disaster area and publishes guidance announcing that the time period for affected taxpayers to file returns, pay taxes, and perform other time-sensitive acts falling on or after April 2, 2012, and on or before October 2, 2012, has been postponed to October 2, 2012. (iii) Under paragraph (c) of this section, filing a claim for refund of tax is one of the taxpayer acts for which the IRS may disregard a period of up to one year. The postponement period for this disaster begins on April 2, 2012, and ends on October 2, 2012. Accordingly, H and W’s claim for refund for 2008 taxes will be timely if filed on or before October 2, 2012. Moreover, in applying the lookback period in section 6511(b)(2)(A), which limits the amount of the allowable refund, the period from October 2, 2012, back to April 2, 2012, is disregarded under paragraph (b)(1)(iii) of this section. Thus, if the claim is filed on or before October 2, 2012, amounts deemed paid on April 15, 2009, under section 6513(b), such as estimated tax and tax withheld from wages, will have been paid within the lookback period of section 6511(b)(2)(A). Example 6. (i) A is an unmarried, calendar year taxpayer whose principal residence is located in County W in State Q. A intends to file a Form 1040 for the 2008 taxable year. The return is due on April 15, 2009. A timely files Form 4868, ‘‘Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.’’ Due to A’s timely filing of Form 4868, the extended filing deadline for A’s 2008 tax return is October 15, 2009. Because A timely requested an extension of time to file, A will not be subject to the failure to file penalty under section 6651(a)(1), if A files the 2008 Form 1040 on or before October 15, 2009. However, A failed to pay the tax due on the return by April 15, 2009 and did not receive an extension of time to pay under section 6161. Absent reasonable cause, A is subject to the failure to pay penalty under section 6651(a)(2) and accrual of interest. (ii) On September 30, 2009, a blizzard strikes County W. On October 5, 2009, certain counties in State Q (including County W) are determined to be disaster areas within the meaning of section 1033(h)(3) that are eligible for assistance by the Federal government under the Stafford Act. Also on October 5, 2009, the IRS determines that County W in State Q is a covered disaster area and announces that the time period for affected taxpayers to file returns, pay taxes, and perform other time-sensitive acts falling on or after September 30, 2009, and on or before December 2, 2009, has been postponed to December 2, 2009. (iii) Because A’s principal residence is in County W, A is an affected taxpayer. Because E:\FR\FM\15JAR1.SGM 15JAR1 mstockstill on PROD1PC66 with RULES Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations October 15, 2009, the extended due date to file A’s 2008 Form 1040, falls within the postponement period described in the IRS’s published guidance, A’s return is timely if filed on or before December 2, 2009. However, the payment due date, April 15, 2009, preceded the postponement period. Thus, A will continue to be subject to failure to pay penalties and accrual of interest during the postponement period. Example 7. (i) H and W, individual calendar year taxpayers, intend to file a joint Form 1040 for the 2008 taxable year. The joint return is due on April 15, 2009. After credits for taxes withheld on wages and estimated tax payments, H and W owe tax for the 2008 taxable year. H and W’s principal residence is in County J in State W. (ii) On March 3, 2009, severe flooding strikes County J. On March 6, 2009, certain counties in State W (including County J) are determined to be disaster areas within the meaning of section 1033(h)(3) that are eligible for assistance by the Federal government under the Stafford Act. Also on March 6, 2009, the IRS determines that County J in State W is a covered disaster area and publishes guidance announcing that the time period for affected taxpayers to file returns, pay taxes, and perform other timesensitive acts falling on or after March 3, 2009, and on or before June 1, 2009, has been postponed to June 1, 2009. (iii) Because H and W’s principal residence is in County J, H and W are affected taxpayers. April 15, 2009, the due date for filing the 2008 joint return, falls within the postponement period described in the IRS published guidance. Therefore, H and W’s joint return without extension will be timely if filed on or before June 1, 2009. Similarly, H and W’s 2008 income taxes will be timely paid if paid on or before June 1, 2009. (iv) On April 30, 2009, H and W timely file Form 4868, ‘‘Application for Automatic Extension of Time to File U.S. Individual Income Tax Return.’’ H and W’s extension will be deemed to have been filed on April 15, 2009. Thus, H and W’s 2008 income tax return will be timely if filed on or before October 15, 2009. (v) H and W did not request or receive an extension of time to pay. Therefore, the payment of tax due with the 2008 joint return will be timely if paid on or before June 1, 2009. If H and W fail to pay the tax due on the 2008 joint return by June 1, 2009, H and W will be subject to failure to pay penalties and accrual of interest beginning on June 2, 2009. Example 8. The facts are the same as in Example 7 except that H and W file the joint 2008 return and pay the tax due on April 15, 2009. Later, H and W discover additional deductions that would lower their taxable income for 2008. On June 1, 2012, H and W file a claim for refund under section 6511(a). The amount of H and W’s overpayment exceeds the amount of taxes paid on April 15, 2009. Section 6511(a) generally requires that a claim for refund be filed within three years from the time the return was filed or two years from the time the tax was paid, whichever period expires later. Section 6511(b)(2)(A) includes within the lookback period the period of an extension of time to VerDate Nov<24>2008 20:50 Jan 14, 2009 Jkt 217001 file. Thus, payments that H and W made on or after June 1, 2009 would be eligible to be refunded. Because the period from April 15, 2009 to June 1, 2009 is disregarded, the payments H and W made on April 15, 2009 (including withholding or estimated tax payments deemed to have been made on April 15, 2009) would also be included in the section 6511(b)(2)(A) lookback period. Thus, H and W are entitled to a full refund in the amount of their overpayment. Example 9. (i) H and W, individual calendar year taxpayers, entered into an installment agreement with respect to their 2006 tax liabilities. H and W’s installment agreement required H and W to make regularly scheduled installment payments on the 15th day of the month for the next 60 months. H and W’s principal residence is in County K in State X. (ii) On May 1, 2009, severe flooding strikes County K. On May 5, 2009, certain counties in State X including County K) are determined by the Federal government to be disaster areas within the meaning of section 1033(h)(3), and are eligible for assistance under the Stafford Act. Also on May 5, 2009, the IRS determines that County K in State X is a covered disaster area and publishes guidance announcing that the time period for affected taxpayers to file returns, pay taxes, and perform other time-sensitive acts falling on or after May 1, 2009 and on or before July 1, 2009, has been postponed to July 1, 2009. (iii) Because H and W’s principal residence is in County K, H and W are affected taxpayers. Pursuant to the IRS’s grant of relief under section 7508A, H and W’s installment agreement payments that become due during the postponement period are suspended until after the postponement period has ended. H and W will be required to resume payments no later than August 15, 2009. Skipped payments will be tacked on at the end of the installment payment period. Because the installment agreement pertains to prior year tax liabilities, interest and penalties will continue to accrue. H and W may, however, be entitled to abatement of the failure to pay penalties incurred during the postponement period upon establishing reasonable cause. (g) Effective/applicability date. This section applies to disasters declared after January 15, 2009. Linda E. Stiff, Deputy Commissioner for Services and Enforcement. Approved: January 6, 2009. Eric Solomon, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. E9–767 Filed 1–14–09; 8:45 am] BILLING CODE 4830–01–P PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 2373 DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2560 RIN 1210–AB24 Civil Penalties Under ERISA Section 502(c)(4) Correction In rule document Z8–31188 beginning on page 17 in the issue of Friday, January 2, 2009 make the following correction: On page 17, in the second column, in the DATES heading, March 3, 2008 should read March 3, 2009. [FR Doc. Z8–31188 Filed 1–14–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1236] RIN 1625–AA87 Security Zone; Steam Generator Transit, Captain of the Port Zone San Diego; San Diego, CA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary moving security zone around steam generators as they transit through and when moored in the Captain of the Port(COTP) zone San Diego. This security zone is needed to prevent vessels from transiting in the vicinity of the generators to help ensure the safety and security of the operation. Entry into this zone will be prohibited unless specifically authorized by the Captain of the Port, San Diego, or his designated representative. DATES: This rule is effective from 11:59 p.m. on January 2, 2009, to 11:59 p.m on January 22, 2009. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket USCG–2008– 1236 and are available online at https:// www.regulations.gov. They are also available for inspection or copying two locations: the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, E:\FR\FM\15JAR1.SGM 15JAR1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2370-2373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-767]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[TD 9443]
RIN 1545-BG16


Postponement of Certain Tax-Related Deadlines by Reason of a 
Federally Declared Disaster or Terroristic or Military Action

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulation.

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SUMMARY: This document contains final regulations relating to 
postponement of certain tax-related deadlines either due to service in 
a combat zone or due to a federally declared disaster. The regulations 
reflect changes in the law made by the Victims of Terrorism Tax Relief 
Act of 2001, the Tax Extenders and Alternative Minimum Tax Relief Act 
of 2008 (TEAMTRA), and current IRS practice. The regulations affect 
taxpayers serving in a combat zone and taxpayers affected by a 
federally declared disaster.

DATES: Effective Date: These regulations are effective on January 15, 
2009.
    Applicability Dates: For dates of applicability, see Sec.  
301.7508A-1(g).

FOR FURTHER INFORMATION CONTACT: Mary Ellen Keys, (202) 622-4570 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    This document contains amendments to the Procedure and 
Administration Regulations (26 CFR part 301). Section 7508A of the 
Internal Revenue Code (Code) relates to the postponement of certain 
tax-related acts by reason of a federally declared disaster or 
terroristic or military action. Section 7508A was added by section 
911(a) of the Taxpayer Relief Act of 1997, Public Law 105-34 (111 Stat. 
788, 877-78 (1997)) (the 1997 Act), which was effective for any period 
for performing an act that had not expired before December 5, 1997.
    A notice of proposed rulemaking (REG-142680-06) was published in 
the Federal Register (73 FR 40471-01) on July 15, 2008. No comments 
were received from the public in response to the notice of proposed 
rulemaking, and no public hearing was requested or held. In this 
Treasury decision, the proposed regulations are adopted as revised.

Explanation of Revisions

    Section 301.7508A-1 of these final regulations is revised 
throughout to use the term ``federally declared disaster'' instead of 
the term ``Presidentially declared disaster'' when referring to any 
disaster determined by the President of the United States to warrant 
assistance by the Federal Government under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq. 
(the ``Stafford Act''). Prior versions of these regulations and the 
proposed regulations included the term ``Presidentially declared 
disaster'' as defined in former Code section 1033(h)(3). Sec. 706(a) of 
TEAMTRA, Div. C of Public Law 110-343 (122 Stat. 3765, 3920), amended 
Code section 1033(h)(3) by replacing the term ``Presidentially declared 
disaster'' with ``federally declared disaster'' and providing that the 
term shall have the meaning given such term by section 165(h)(3)(C). 
Section 165(h)(3)(C), added by section 706(a) of TEAMTRA, defines the 
term ``federally declared disaster'' to mean any disaster subsequently 
determined by the President of the United States to warrant assistance 
by the Federal Government under the Stafford Act. This definition is 
substantially the same as the definition of ``Presidentially declared 
disaster'' under former section 1033(h)(C). Thus, these statutory 
changes in terminology do not materially impact the meaning of either 
the proposed or final regulations.
    Section 301.7508A-1(d)(1) of the final regulations is revised to 
expand the definition of ``affected taxpayer'' to include any 
individual, business entity, or sole proprietorship not located in a 
covered disaster area, but whose records necessary to meet a deadline 
for an act specified in paragraph (c) of Sec.  301.7508A-1 are located 
in the covered disaster area. Section 301.7508A-1(d)(1) of the final 
regulations further expands the definition of affected taxpayer to 
include any individual visiting the covered disaster area who was 
killed or injured as a result of the disaster. These changes reflect 
current IRS practice of broadly defining the term ``affected 
taxpayer.''
    Section 301.7508A-1(f) of the final regulations is revised to 
include a new Example 9. Example 9, which reflects current IRS 
practice, explains the impact of disaster relief on installment 
agreement payments that become due during the postponement period. 
Example 9 explains that the affected taxpayer's obligation to make 
installment agreement payments is suspended during the postponement 
period. Example 9 further explains that, because installment agreement 
payments pertain to pre-existing tax liabilities, interest and 
penalties

[[Page 2371]]

continue to accrue during the postponement period.

Special Analyses

    It has been determined that these final regulations are not a 
significant regulatory action as defined in Executive Order 12866. 
Therefore, a regulatory assessment is not required. It has been 
determined that section 553(b) of the Administrative Procedure Act (5 
U.S.C. chapter 5) does not apply to these regulations. The regulations 
do not impose a collection of information requirement on small business 
entities, thus the Regulatory Flexibility Act (5 U.S.C. chapter 6) does 
not apply. Pursuant to section 7805(f) of the Code, the notice of 
proposed rulemaking preceding these regulations was submitted to the 
Chief Counsel for Advocacy of the Small Business Administration for 
comment on its impact on small business.

Drafting Information

    The principal author of these final regulations is Mary Ellen Keys 
of the Office of the Associate Chief Counsel (Procedure and 
Administration).

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

0
Accordingly, 26 CFR part 301 is amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

0
Paragraph 1. The authority citation for part 301 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


0
Par. 2. Section 301.7508A-1 is amended by:
0
1. Revising the section heading and paragraphs (b), (d)(1)(vii), 
(d)(2), and (e).
0
2. Adding paragraphs (d)(1)(viii) and (d)(1)(ix), and (d)(3).
0
3. Removing paragraph (f), redesignating paragraphs (g) and (h) as 
paragraphs (f) and (g), respectively, and revising them.
    The revisions and additions read as follows:


Sec.  301.7508A-1  Postponement of certain tax-related deadlines by 
reasons of a federally declared disaster or terroristic or military 
action.

* * * * *
    (b) Postponed deadlines--(1) In general. In the case of a taxpayer 
determined by the Secretary to be affected by a federally 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 postponement period (as defined in paragraph (d)(1) of this 
section) of up to one year that may be disregarded in determining under 
the internal revenue laws, in respect of any tax liability of the 
affected taxpayer (as defined in paragraph (d)(1) of this section)--
    (i) Whether any or all of the acts described in paragraph (c) of 
this section were performed within the time prescribed;
    (ii) The amount of interest, penalty, additional amount, or 
addition to the tax; and
    (iii) The amount of credit or refund.
    (2) Effect of postponement period. When an affected taxpayer is 
required to perform a tax-related act by a due date that falls within 
the postponement period, the affected taxpayer is eligible for 
postponement of time to perform the act until the last day of the 
period. The affected taxpayer is eligible for relief from interest, 
penalties, additional amounts, or additions to tax during the 
postponement period.
    (3) Interaction between postponement period and extensions of time 
to file or pay--(i) In general. The postponement period under section 
7508A runs concurrently with extensions of time to file and pay, if 
any, under other sections of the Internal Revenue Code.
    (ii) Original due date prior to, but extended due date within, the 
postponement period. When the original due date precedes the first day 
of the postponement period and the extended due date falls within the 
postponement period, the following rules apply. If an affected taxpayer 
received an extension of time to file, filing will be timely on or 
before the last day of the postponement period, and the taxpayer is 
eligible for relief from penalties or additions to tax related to the 
failure to file during the postponement period. Similarly, if an 
affected taxpayer received an extension of time to pay, payment will be 
timely on or before the last day of the postponement period, and the 
taxpayer is eligible for relief from interest, penalties, additions to 
tax, or additional amounts related to the failure to pay during the 
postponement period.
    (4) Due date not extended. The postponement of the deadline of a 
tax-related act does not extend the due date for the act, but merely 
allows the IRS to disregard a time period of up to one year for 
performance of the act. To the extent that other statutes may rely on 
the date a return is due to be filed, the postponement period will not 
change the due date of the return.
    (5) Additional relief. The rules of this paragraph (b) demonstrate 
how the IRS generally implements section 7508A. The IRS may determine, 
however, that additional relief to taxpayers is appropriate and may 
provide additional relief to the extent allowed under section 7508A. To 
the extent that the IRS grants additional relief, the IRS will provide 
specific guidance on the scope of relief in the manner provided in 
paragraph (e) of this section.
* * * * *
    (d) * * *
    (1) * * *
    (vii) Any individual, business entity, or sole proprietorship not 
located in a covered disaster area, but whose records necessary to meet 
a deadline for an act specified in paragraph (c) of this section are 
located in the covered disaster area;
    (viii) Any individual visiting the covered disaster area who was 
killed or injured as a result of the disaster; or
    (ix) Any other person determined by the IRS to be affected by a 
federally declared disaster (within the meaning of section 1033(h)(3)).
    (2) Covered disaster area means an area of a federally declared 
disaster (within the meaning of section 1033(h)(3)) to which the IRS 
has determined paragraph (b) of this section applies.
    (3) Postponement period means the period of time (up to one year) 
that the IRS postpones deadlines for performing tax-related acts under 
section 7508A.
    (e) Notice of postponement of certain acts. If a tax-related 
deadline is postponed under section 7508A and this section, the IRS 
will publish a revenue ruling, revenue procedure, notice, announcement, 
news release, or other guidance (see Sec.  601.601(d)(2) of this 
chapter) describing the acts postponed, the postponement period, and 
the location of the covered disaster area. Guidance under this 
paragraph (e) will be published as soon as practicable after the 
occurrence of a terroristic or military action or declaration of a 
federally declared disaster.
    (f) Examples. The rules of this section are illustrated by the 
following examples:

    Example 1. (i) Corporation X, a calendar year taxpayer, has its 
principal place of business in County M in State W. Pursuant to a 
timely filed request for extension of time to file, Corporation X's 
2008 Form 1120, ``U.S. Corporation Income Tax Return,'' is due on 
September 15, 2009. Also due on September 15, 2009, is Corporation 
X's third quarter estimated tax payment for 2009. Corporation X's 
2009 third quarter Form 720,

[[Page 2372]]

``Quarterly Federal Excise Tax Return,'' and third quarter Form 941, 
``Employer's Quarterly Federal Tax Return,'' are due on October 31, 
2009. In addition, Corporation X has an employment tax deposit due 
on September 15, 2009.
    (ii) On September 1, 2009, a hurricane strikes County M in State 
W. On September 7, 2009, certain counties in State W (including 
County M) are determined to be disaster areas within the meaning of 
section 1033(h)(3) that are eligible for assistance by the Federal 
government under the Stafford Act. Also on September 7, 2009, the 
IRS determines that County M in State W is a covered disaster area 
and publishes guidance announcing that the time period for affected 
taxpayers to file returns, pay taxes, and perform other time-
sensitive acts falling on or after September 1, 2009, and on or 
before November 30, 2009, has been postponed to November 30, 2009, 
pursuant to section 7508A.
    (iii) Because Corporation X's principal place of business is in 
County M, Corporation X is an affected taxpayer. Accordingly, 
Corporation X's 2008 Form 1120 will be timely if filed on or before 
November 30, 2009. Corporation X's 2009 third quarter estimated tax 
payment will be timely if made on or before November 30, 2009. In 
addition, pursuant to paragraph (c) of this section, Corporation X's 
2009 third quarter Form 720 and third quarter Form 941 will be 
timely if filed on or before November 30, 2009. However, because 
deposits of taxes are excluded from the scope of paragraph (c) of 
this section, Corporation X's employment tax deposit is due on 
September 15, 2009. In addition, Corporation X's deposits relating 
to the third quarter Form 720 are not postponed. Absent reasonable 
cause, Corporation X is subject to the failure to deposit penalty 
under section 6656 and accrual of interest.
    Example 2. The facts are the same as in Example 1, except that 
because of the severity of the hurricane, the IRS determines that 
postponement of government acts is necessary. During 2009, 
Corporation X's 2005 Form 1120 is being examined by the IRS. 
Pursuant to a timely filed request for extension of time to file, 
Corporation X timely filed its 2005 Form 1120 on September 15, 2006. 
Without application of this section, the statute of limitation on 
assessment for the 2005 income tax year will expire on September 15, 
2009. However, pursuant to paragraph (c) of this section, assessment 
of tax is one of the government acts for which up to one year may be 
disregarded. Because September 15, 2009, falls within the period in 
which government acts are postponed, the statute of limitation on 
assessment for Corporation X's 2005 income tax will expire on 
November 30, 2009. Because Corporation X did not timely file an 
extension of time to pay, payment of its 2005 income tax was due on 
March 15, 2006. As such, Corporation X will be subject to the 
failure to pay penalty and related interest beginning on March 15, 
2006. The due date for payment of Corporation X's 2005 income tax 
preceded the postponement period. Therefore, Corporation X is not 
entitled to the suspension of interest or penalties during the 
disaster period with respect to its 2005 income tax liability.
    Example 3. The facts are the same as in Example 2, except that 
the examination of the 2005 taxable year was completed earlier in 
2009, and on July 28, 2009, the IRS mailed a statutory notice of 
deficiency to Corporation X. Without application of this section, 
Corporation X has 90 days (or until October 26, 2009) to file a 
petition with the Tax Court. However, pursuant to paragraph (c) of 
this section, filing a petition with the Tax Court is one of the 
taxpayer acts for which a period of up to one year may be 
disregarded. Because Corporation X is an affected taxpayer, 
Corporation X's petition to the Tax Court will be timely if filed on 
or before November 30, 2009, the last day of the postponement 
period.
    Example 4. (i) H and W, individual calendar year taxpayers, 
intend to file a joint Form 1040, ``U.S. Individual Income Tax 
Return,'' for the 2008 taxable year and are required to file a 
Schedule H, ``Household Employment Taxes.'' The joint return is due 
on April 15, 2009. H and W's principal residence is in County M in 
State Q.
    (ii) On April 2, 2009, a severe ice storm strikes County M. On 
April 5, 2009, certain counties in State Q (including County M) are 
determined to be disaster areas within the meaning of section 
1033(h)(3) that are eligible for assistance by the Federal 
government under the Stafford Act. Also on April 5, 2009, the IRS 
determines that County M in State Q is a covered disaster area and 
publishes guidance announcing that the time period for affected 
taxpayers to file returns, pay taxes, and perform other time-
sensitive acts falling on or after April 2, 2009, and on or before 
June 2, 2009, has been postponed to June 2, 2009.
    (iii) Because H and W's principal residence is in County M, H 
and W are affected taxpayers. April 15, 2009, the due date for the 
filing of H and W's 2008 Form 1040 and Schedule H, falls within the 
postponement period described in the IRS published guidance. Thus, H 
and W's return will be timely if filed on or before June 2, 2009. If 
H and W request an extension of time to file under section 6081 on 
or before June 2, 2009, the extension is deemed to have been filed 
by April 15, 2009. Thus, H and W's return will be timely if filed on 
or before October 15, 2009.
    (iv) April 15, 2009, is also the due date for the payment due on 
the return. This date falls within the postponement period described 
in the IRS published guidance. Thus, the payment of tax due with the 
return will be timely if paid on or before June 2, 2009 the last day 
of the postponement period. If H and W fail to pay the tax due on 
the 2008 Form 1040 by June 2, 2009, and do not receive an extension 
of time to pay under section 6161, H and W will be subject to 
failure to pay penalties and accrual of interest beginning on June 
3, 2009.
    Example 5. (i) H and W, residents of County D in State G, intend 
to file an amended return to request a refund of 2008 taxes. H and W 
timely filed their 2008 income tax return on April 15, 2009. Under 
section 6511(a), H and W's amended 2008 tax return must be filed on 
or before April 16, 2012 (because April 15, 2012 falls on a Sunday, 
H and W's amended return was due to be filed on April 16, 2012).
    (ii) On April 2, 2012, an earthquake strikes County D. On April 
6, 2012, certain counties in State G (including County D) are 
determined to be disaster areas within the meaning of section 
1033(h)(3) that are eligible for assistance by the Federal 
government under the Stafford Act. Also on April 6, 2012, the IRS 
determines that County D in State G is a covered disaster area and 
publishes guidance announcing that the time period for affected 
taxpayers to file returns, pay taxes, and perform other time-
sensitive acts falling on or after April 2, 2012, and on or before 
October 2, 2012, has been postponed to October 2, 2012.
    (iii) Under paragraph (c) of this section, filing a claim for 
refund of tax is one of the taxpayer acts for which the IRS may 
disregard a period of up to one year. The postponement period for 
this disaster begins on April 2, 2012, and ends on October 2, 2012. 
Accordingly, H and W's claim for refund for 2008 taxes will be 
timely if filed on or before October 2, 2012. Moreover, in applying 
the lookback period in section 6511(b)(2)(A), which limits the 
amount of the allowable refund, the period from October 2, 2012, 
back to April 2, 2012, is disregarded under paragraph (b)(1)(iii) of 
this section. Thus, if the claim is filed on or before October 2, 
2012, amounts deemed paid on April 15, 2009, under section 6513(b), 
such as estimated tax and tax withheld from wages, will have been 
paid within the lookback period of section 6511(b)(2)(A).
    Example 6. (i) A is an unmarried, calendar year taxpayer whose 
principal residence is located in County W in State Q. A intends to 
file a Form 1040 for the 2008 taxable year. The return is due on 
April 15, 2009. A timely files Form 4868, ``Application for 
Automatic Extension of Time to File U.S. Individual Income Tax 
Return.'' Due to A's timely filing of Form 4868, the extended filing 
deadline for A's 2008 tax return is October 15, 2009. Because A 
timely requested an extension of time to file, A will not be subject 
to the failure to file penalty under section 6651(a)(1), if A files 
the 2008 Form 1040 on or before October 15, 2009. However, A failed 
to pay the tax due on the return by April 15, 2009 and did not 
receive an extension of time to pay under section 6161. Absent 
reasonable cause, A is subject to the failure to pay penalty under 
section 6651(a)(2) and accrual of interest.
    (ii) On September 30, 2009, a blizzard strikes County W. On 
October 5, 2009, certain counties in State Q (including County W) 
are determined to be disaster areas within the meaning of section 
1033(h)(3) that are eligible for assistance by the Federal 
government under the Stafford Act. Also on October 5, 2009, the IRS 
determines that County W in State Q is a covered disaster area and 
announces that the time period for affected taxpayers to file 
returns, pay taxes, and perform other time-sensitive acts falling on 
or after September 30, 2009, and on or before December 2, 2009, has 
been postponed to December 2, 2009.
    (iii) Because A's principal residence is in County W, A is an 
affected taxpayer. Because

[[Page 2373]]

October 15, 2009, the extended due date to file A's 2008 Form 1040, 
falls within the postponement period described in the IRS's 
published guidance, A's return is timely if filed on or before 
December 2, 2009. However, the payment due date, April 15, 2009, 
preceded the postponement period. Thus, A will continue to be 
subject to failure to pay penalties and accrual of interest during 
the postponement period.
    Example 7. (i) H and W, individual calendar year taxpayers, 
intend to file a joint Form 1040 for the 2008 taxable year. The 
joint return is due on April 15, 2009. After credits for taxes 
withheld on wages and estimated tax payments, H and W owe tax for 
the 2008 taxable year. H and W's principal residence is in County J 
in State W.
    (ii) On March 3, 2009, severe flooding strikes County J. On 
March 6, 2009, certain counties in State W (including County J) are 
determined to be disaster areas within the meaning of section 
1033(h)(3) that are eligible for assistance by the Federal 
government under the Stafford Act. Also on March 6, 2009, the IRS 
determines that County J in State W is a covered disaster area and 
publishes guidance announcing that the time period for affected 
taxpayers to file returns, pay taxes, and perform other time-
sensitive acts falling on or after March 3, 2009, and on or before 
June 1, 2009, has been postponed to June 1, 2009.
    (iii) Because H and W's principal residence is in County J, H 
and W are affected taxpayers. April 15, 2009, the due date for 
filing the 2008 joint return, falls within the postponement period 
described in the IRS published guidance. Therefore, H and W's joint 
return without extension will be timely if filed on or before June 
1, 2009. Similarly, H and W's 2008 income taxes will be timely paid 
if paid on or before June 1, 2009.
    (iv) On April 30, 2009, H and W timely file Form 4868, 
``Application for Automatic Extension of Time to File U.S. 
Individual Income Tax Return.'' H and W's extension will be deemed 
to have been filed on April 15, 2009. Thus, H and W's 2008 income 
tax return will be timely if filed on or before October 15, 2009.
    (v) H and W did not request or receive an extension of time to 
pay. Therefore, the payment of tax due with the 2008 joint return 
will be timely if paid on or before June 1, 2009. If H and W fail to 
pay the tax due on the 2008 joint return by June 1, 2009, H and W 
will be subject to failure to pay penalties and accrual of interest 
beginning on June 2, 2009.
    Example 8. The facts are the same as in Example 7 except that H 
and W file the joint 2008 return and pay the tax due on April 15, 
2009. Later, H and W discover additional deductions that would lower 
their taxable income for 2008. On June 1, 2012, H and W file a claim 
for refund under section 6511(a). The amount of H and W's 
overpayment exceeds the amount of taxes paid on April 15, 2009. 
Section 6511(a) generally requires that a claim for refund be filed 
within three years from the time the return was filed or two years 
from the time the tax was paid, whichever period expires later. 
Section 6511(b)(2)(A) includes within the lookback period the period 
of an extension of time to file. Thus, payments that H and W made on 
or after June 1, 2009 would be eligible to be refunded. Because the 
period from April 15, 2009 to June 1, 2009 is disregarded, the 
payments H and W made on April 15, 2009 (including withholding or 
estimated tax payments deemed to have been made on April 15, 2009) 
would also be included in the section 6511(b)(2)(A) lookback period. 
Thus, H and W are entitled to a full refund in the amount of their 
overpayment.
    Example 9. (i) H and W, individual calendar year taxpayers, 
entered into an installment agreement with respect to their 2006 tax 
liabilities. H and W's installment agreement required H and W to 
make regularly scheduled installment payments on the 15th day of the 
month for the next 60 months. H and W's principal residence is in 
County K in State X.
    (ii) On May 1, 2009, severe flooding strikes County K. On May 5, 
2009, certain counties in State X including County K) are determined 
by the Federal government to be disaster areas within the meaning of 
section 1033(h)(3), and are eligible for assistance under the 
Stafford Act. Also on May 5, 2009, the IRS determines that County K 
in State X is a covered disaster area and publishes guidance 
announcing that the time period for affected taxpayers to file 
returns, pay taxes, and perform other time-sensitive acts falling on 
or after May 1, 2009 and on or before July 1, 2009, has been 
postponed to July 1, 2009.
    (iii) Because H and W's principal residence is in County K, H 
and W are affected taxpayers. Pursuant to the IRS's grant of relief 
under section 7508A, H and W's installment agreement payments that 
become due during the postponement period are suspended until after 
the postponement period has ended. H and W will be required to 
resume payments no later than August 15, 2009. Skipped payments will 
be tacked on at the end of the installment payment period. Because 
the installment agreement pertains to prior year tax liabilities, 
interest and penalties will continue to accrue. H and W may, 
however, be entitled to abatement of the failure to pay penalties 
incurred during the postponement period upon establishing reasonable 
cause.

    (g) Effective/applicability date. This section applies to disasters 
declared after January 15, 2009.

Linda E. Stiff,
Deputy Commissioner for Services and Enforcement.
    Approved: January 6, 2009.
Eric Solomon,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. E9-767 Filed 1-14-09; 8:45 am]
BILLING CODE 4830-01-P
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