An Overview of the Filing Relief for Natural Disasters Act
This new law complements disaster-related changes in the OB3 Act
On July 24, 2025, a tax bill quietly became law: the Filing Relief for Natural Disasters Act, also known as Public Law 119-29. In addition, the One Big Beautiful Bill Act (OB3 Act) made disaster-related changes that complement this new law.
State Disasters Eligible for Federal Postponement
Under new §7508A(c), a state may request that the federal government grant a discretionary tax deadline postponement due to a qualified state-level disaster, even if the President did not declare a federal disaster. The Secretary of the Treasury must approve such relief.
A state also includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
A qualified state-level disaster includes any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the State, which in the determination of the Governor (or Mayor, for the District of Columbia) causes damage of sufficient severity and magnitude to warrant the postponement.
This provision applies to declarations made after July 24, 2025.
Mandatory Postponement Period Extended
Under §7508A(e), if the President declares a federal disaster, certain tax acts are automatically postponed; this limited automatic postponement can be supplemented if the IRS announces additional discretionary relief.
The acts that receive the automatic postponement are:
Filing any return of income, estate, gift, employment, or excise tax,
Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof,
Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court,
Allowance of a credit or refund of any tax,
Filing a claim for credit or refund of any tax,
Bringing suit upon any such claim for credit or refund, and
Certain pension- and retirement-related deadlines.
For declarations made after July 24, 2025, the automatic postponement period begins on the earliest incident date specified in a disaster declaration for a federally declared disaster. It ends on the date 120 days after the latest incident date specified in the disaster declaration. Previously, the automatic period was 60 days.
OB3 Act: Personal Casualty Losses for State Disasters
§70109 of the OB3 Act permanently limited personal casualty loss deductions to only those attributable to a federally declared disaster (except to the extent of personal casualty gains during the tax year).
In addition, if the Secretary of the Treasury agrees, the provision will allow personal casualty losses attributable to state-declared disasters, which are defined similarly to §7508A(c). These changes apply to tax years beginning after December 31, 2025.
OB3 Act: Qualified Disaster Losses
A personal casualty loss attributable to a qualified disaster is only reduced by $500 per incident (instead of the normal 10% of AGI floor and $100 reduction). It can also be added to the standard deduction.
§70438 modified the qualified disaster definition to a major disaster declared by the President between January 1, 2020, and September 2, 2025. It must have an incident period that began on or after December 28, 2019, and on or before July 4, 2025, and must have ended no later than August 3, 2025.
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And once again, "qualified disaster" treatment has expired since we are already past 8/3/2025. Hopefully the rest of hurricane season is not destructive. For IDA in 2021, many tax preparers treated the losses as "qualified" even though they were not (by definition), and the IRS programs did not catch it. Then this treatment was "validated" by law retroactively in 2024 and those that did their returns correctly back in 2021 had to amend their returns (PAPER FILE!) to now be able to claim the "qualified disaster" treatment. Needless to say the IRS processing of those returns has not been fun. I guess there is some budget reason they can't just stay with one disaster casualty loss definition - but it is confusing even to some tax preparers and results in unfair treatment amongst taxpayers. I even read of one situation where a taxpayer's preparer claimed "qualified disaster" treatment for a huge loss, the IRS audited it and rightfully at the time presented the fact that it was not a "qualified disaster", it was just a "regular disaster", and made a huge adjustment to the tax due. Well, wonder what happened there when the law changed the treatment retroactively? Guess they had to amend their return back to their originally filed return figures to get a refund of the tax assessed in the audit. No point to this comment except to vent, I know there is nothing we can do to prevent this frustration.