Tax Relief for Victims of Crimes, Scams, and Disasters Act
This bill, the Tax Relief for Victims of Crimes, Scams, and Disasters Act, would restore the personal casualty loss deduction to its pre-2018 form by repealing the suspension that was put in place under the 2017 tax law. In practical terms, individuals could again deduct unreimbursed losses to their property from certain casualties (such as disasters, theft, scams, or crimes) on their federal income tax returns, subject to the traditional limits that existed before Public Law 115-97. The bill also extends the deadline for certain taxpayers to file a claim for credit or refund related to those casualty loss deductions, if their return was filed before January 1, 2025 and the deduction was suspended at the time of filing. The overall aim is to provide relief to victims who suffered unreimbursed personal property losses and to offer a path to retroactive refunds for some taxpayers who were improperly limited by the prior suspension.
Key Points
- 1Reinstatement of the personal casualty loss deduction: The bill strikes the suspension of the deduction in section 165(h)(5), restoring the deduction for personal casualty losses to the rules that existed before the 2017 tax law change (i.e., prior to Public Law 115-97).
- 2Effective date: The amendment applies to taxable years beginning after December 31, 2017 (so it covers 2018 onward, returning to the pre-TCJA framework for personal casualty losses).
- 3Extended time to file claims for refunds/credits: For taxpayers who filed a return for a year ending before January 1, 2025 and who had a casualty loss deduction that was suspended when they filed, the period to file a claim for credit or refund is extended to the date prescribed for filing the return for the year that includes the enactment date. It also removes the standard 6511(b)(2) restriction for these claims.
- 4Limited scope of the extension: The extension applies only to claims related to the overpayment attributable to the deduction under section 165(a) for personal casualty losses described in section 165(c)(3).
- 5Title basis vs. enacted text: The bill’s title emphasizes relief for victims of crimes, scams, and disasters, but the text focuses on reinstating the casualty loss deduction and extending claim deadlines. The practical effect is targeted tax relief for individuals with qualifying unreimbursed losses.