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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Proposed Rules
section 4974c under section 219f3, 404a6, 404h1B, or 404m2;
ii Making distributions under section 408d4;
iii Recharacterizing contributions under section 408Ad6; and iv Making a rollover under section 402c, 403a4, 403b8, or 408d3.
3 Calculation of mandatory 60-day postponement periodi In general.
The mandatory 60-day postponement period begins on the earliest incident date specified in a disaster declaration for a Federally declared disaster and ends on the date that is 60 days after the latest incident date specified in the disaster declaration. In accordance with section 7508Ad5, if the period determined by the Secretary in exercising discretion under 7508Aa is equal to or longer than 60 days, the mandatory 60-day postponement period under section 7508Ad runs concurrently with the postponement period determined by the Secretary under section 7508Aa. If the period determined by the Secretary in exercising discretion under 7508Aa is less than 60 days, in accordance with section 7508Ad5, the mandatory 60day postponement period will run concurrently for the length of the period determined by the Secretary under section 7508Aa and then continue running in addition to the period determined by the Secretary under section 7508Aa.
ii Limitations on the mandatory 60day postponement period. A In no event will the mandatory 60-day postponement period be calculated to exceed one year.
B In the event the Secretary determines to postpone time-sensitive acts pursuant to a declaration establishing a Federally declared disaster for purposes of section 7508A
that does not specify an incident date, there is no mandatory postponement period under section 7508Ad. In such cases, the only postponement period will be the period determined by the Secretary under 7508Aa.
5 Examples. The rules of this paragraph g are illustrated by the following examples:
i Example 1. Individual A lives in a state that experienced severe but isolated tornado damage on March 15.
On March 20, FEMA issued a Federal Register Notice announcing a major disaster declaration approved by the President for the state where Individual A lives, describing the incident date for the tornado as March 15. Based upon that major disaster declaration, the IRS
published a news release identifying the taxpayers by county affected by the disaster for purposes of section 7508A

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and specifying the time-sensitive acts that are postponed and a period of postponement from March 15 through July 31, pursuant to section 7508Aa.
Under section 7508Ad, the mandatory 60-day postponement period that Individual A is entitled to begins on March 15 and ends 60 days after March 15, on May 14. The mandatory postponement period applies to the same time-sensitive acts and runs concurrently with the relief the IRS
provided to Individual A under section 7508Aa.
ii Example 2. Individual B lives in a coastal state which experienced harmful effects from a hurricane that began to affect the weather in his state on August 15 and ceased to be a weather factor in his state on August 19. On August 22, FEMA issued a Federal Register Notice announcing a major disaster declaration approved by the President, determining that the coastline counties in the state where Individual B
lives were severely affected and that these counties were entitled to both individual assistance and public assistance. The major disaster declaration specified the earliest incident date for the hurricane in the state where Individual B lives as August 15 and the latest incident date as August 19. Based upon that major disaster declaration, the IRS published a news release identifying the taxpayers affected by the disaster for purposes of section 7508A and specifying the timesensitive acts that are postponed and a period of postponement from August 15
through December 31, pursuant to section 7508Aa. Under section 7508Ad, the mandatory 60-day postponement period that Individual B
is entitled to begins on August 15 and ends 60 days after August 19, on October 18. The mandatory postponement period applies to the same time-sensitive acts and runs concurrently with the relief the IRS
provided to Individual B under section 7508Aa.
iii Example 3. Individual C lives in a state that is experiencing multiple ongoing wildfires. On August 14, FEMA
issued a Federal Register Notice announcing a major disaster declaration approved by the President for the state where Individual C lives, specifying the earliest incident date for the wildfires as August 14 and the incident was ongoing. Based upon that major disaster declaration, the IRS published a news release identifying the taxpayers by county affected by the disaster for purposes of section 7508A and specifying the time-sensitive acts that are postponed and a period of postponement from August 14 through
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December 15, pursuant to section 7508Aa. The wildfire disaster remains ongoing, with no ending incident date specified, for several months. The IRS
publishes a second news release postponing the time-sensitive acts through January 15. FEMA amends the major disaster declaration to specify the latest incident date of November 19.
Under section 7508Ad, the mandatory 60-day postponement period that Individual D is entitled to begins on August 14 and ends 60 days after the latest incident date of November 19. The mandatory postponement period applies to the same time-sensitive acts and runs concurrently with the relief the IRS
provided to Individual D under section 7508Aa, and ends on January 18, which is 60 days after the latest incident date and three days beyond the postponement period specified by the IRS under section 7508Aa in its news release.
iv Example 4. Individual D lives in the United States, which is experiencing a nationwide emergency as a result of its residents being exposed to a highly infectious and dangerous pandemic disease. On March 13, the President declared a nationwide emergency under section 501b of the Stafford Act. The pandemic became a Federally declared disaster for purposes of section 7508A
on March 13, however, no incident date was specified in the Presidents emergency declaration. Pursuant to the Presidents March 13 emergency declaration, the IRS published several notices identifying the taxpayers affected by the disaster for purposes of section 7508A and specifying the timesensitive acts that are postponed and a period of postponement that generally ran from April 1 through July 15, pursuant to section 7508Aa. Because, in this circumstance, the emergency declaration pursuant to which the notices were published did not specify an incident date, there is no mandatory postponement period under section 7508Ad. The only postponement period is the period determined by the Secretary pursuant to the discretionary authority under section 7508Aa.
h Applicability dates1 In general.
Except as provided in paragraph h2
of this section, this section applies to disasters declared after January 15, 2009.
2 Paragraph g. Paragraph g of this section applies to disasters declared on or after December 21, 2019.
Sunita Lough, Deputy Commissioner for Services and Enforcement.
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