Individuals and businesses in Puerto Rico and South Dakota who were hit with severe weather earlier this year now have until Feb. 3 to file various federal individual and business tax returns and make tax payments.
The same relief, which applies to all of Puerto Rico and parts of South Dakota, will be available to any other areas added later to the disaster area. The IRS is offering relief to any area designated by the Federal Emergency Management Agency and the current list of eligible localities is on the tax relief in disaster situations page on IRS.gov.
Individuals and businesses in any of Puerto Rico’s 78 municipalities who were affected by Tropical Storm Ernesto, which began on Aug. 13, qualify for relief that postpones various tax filing and payment deadlines that occurred from last Aug. 13 through Feb. 3, 2025.
Broken electricity lines above homes damaged after Tropical Storm Ernesto in Puerto Rico, on Aug. 14, 2024.
Photographer: Jaydee Lee Serrano
Affected individuals and businesses will have until next Feb. 3 to file returns and pay any taxes that were originally due during this period. For example, the February deadline applies to:
Any individual, business or tax-exempt organization that has a valid extension to file their 2023 federal return. Payments on these returns are not eligible for the extra time because they were due last spring, before Ernesto.
Quarterly estimated income tax payments normally due on Sept. 16, 2024, and Jan. 15, 2025.
Quarterly payroll and excise tax returns normally due on Oct. 31, 2024, and Jan. 31, 2025.
Penalties for failing to make payroll and excise tax deposits due on or after Aug. 13 and before Aug. 28, 2024, will also be abated if the deposits are made by Aug. 28, 2024. In South Dakota, individuals and businesses affected by severe storms, straight-line winds and flooding that began last June 16 also now have until Feb. 3, 2025, to file various federal individual and business tax returns and make tax payments.
Individuals who have households that reside or have a business in Aurora, Bennett, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hand, Hanson, Hutchinson, Jackson, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Tripp, Turner, Union and Yankton Counties qualify.
The relief postpones various tax filing and payment deadlines that occurred from June 16, 2024, through Feb. 3, 2025; affected individuals and businesses have until Feb. 3, 2025, to file returns and pay any taxes originally due during this period.
The February deadline in South Dakota will apply to:
Any individual, business or tax-exempt organization that has a valid extension to file their 2023 federal return. Again, payments on these returns are ineligible for the extra time because they were due last spring, before the storms.
Quarterly estimated income tax payments normally due on June 17 and Sept. 16, 2024, and Jan. 15, 2025.
Quarterly payroll and excise tax returns normally due on July 31 and Oct. 31, 2024, and Jan. 31, 2025.
In addition, penalties for failing to make payroll and excise tax deposits due on or after June 16, 2024, and before July 1, 2024, will be abated as long as the deposits were made by last July 1. The IRS disaster assistance and emergency relief for individuals and businesses page has details on other returns, payments and tax-related actions qualifying for relief during the postponement period.
The IRS automatically provides filing and penalty relief to any taxpayer with an address of record in the disaster area. If an affected taxpayer does not have an address in the area (because, for example, they moved to the area after filing their return), and they receive a late-filing or late-payment penalty notice from the IRS for the postponement period, they should call the number on the notice to have the penalty abated.
The IRS will work with any taxpayer who lives outside the disaster area but has records necessary to meet a deadline occurring during the postponement period in the affected area. Qualifying taxpayers who live outside the disaster area should call the IRS at (866) 562-5227, including workers assisting the relief activities who are with a recognized government or philanthropic organization.
Individuals and businesses in a federally declared disaster area who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in these instances, the 2024 return normally filed next year) or the return for the prior year (2023).
Taxpayers have up to six months after the due date of the taxpayer’s federal income tax return for the disaster year (without regard to any extension of time to file) to make the election. Write the FEMA declaration number — 3610-EMfor Puerto Rico, 4807-DR for South Dakota — on any return claiming a loss.
Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.
The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.
Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.
Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service.
Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.
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