[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5863 Enrolled Bill (ENR)]
H.R.5863
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To provide tax relief with respect to certain Federal disasters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Disaster Tax Relief Act of
2023''.
SEC. 2. 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) 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 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) 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. 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.
(d) Effective Date.--This section shall apply to amounts received
on or after February 3, 2023.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.