IRS and FTB Grant Deferral for Tax Payments and Tax Filings Due to California Storms

UPDATE March 2, 2023 – Governor Newsom’s office has announced California will conform to the October 16, 2023 tax filing and payments deadline extension. For additional information, please see the news release issued by the FTB: FTB extends filing deadline for taxpayers impacted by 2022-23 winter storms to Oct. 16, 2023

UPDATE February 23, 2023 – IRS postpones until October 16, 2023 tax filing and payment dates for California, Alabama, and Georgia taxpayers living in or having a business in a FEMA declared disaster area. For additional information, please see the news release issued by the IRS: May 15 tax deadline extended to Oct. 16 for disaster area taxpayers in California, Alabama and Georgia

Due to the recent and continuing floods and storm damage, many counties have been declared disaster areas by FEMA. On February 23, 2023, the IRS used its authority (IRS announces tax relief for victims of severe winter storms, flooding, and mudslides in California) to grant taxpayers living in or having a business in the impacted counties a deferral until October 16th (previously extended to May 15th) for making tax payments, filing returns and taking certain time-sensitive actions normally due after January 8th.

Due dates postponed until October 16th include:

  • Payment of 2022 estimated tax payment #4 due January 17th
  • Payment of 2023 estimated tax payment #1 due April 18th
  • Payment of 2023 estimated tax payment #2 due June 15th
  • Payment of 2023 estimated tax payment #3 due Sept. 15th
  • Filing of S-corp or partnership returns (or extensions) due March 15th
  • Filing of individual, C-corp, and trust returns (or extensions) due April 18th
  • Farmers that normally file and pay tax by March 1st can defer filing and tax payments
  • Filing of quarterly payroll or excise tax returns due January 31st, April 30th, and July 31st
    • Note – tax payments are not deferred
  • Funding IRA or HSA contributions for 2022 due April 18th
  • Filing of tax-exempt organizations due May 15th
  • Payment of California elective Pass-Through Entity tax due March 15th (for 2022) and June 15th (for 2023)
  • Many other “time-sensitive acts” with a due date after January 8, 2023

Employers statewide directly affected by the winter storms may request up to a two-month extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. A written request for extension must be received within two months from the original delinquent date of the payment or return (EDD: Emergency and Disaster Assistance for Employers).

California Department of Tax and Fee Administration (CDTFA) is offering taxpayers directly impacted by the disaster an extension of up to three months to file their sales/use tax return and make payments, relief of penalty and interest, or replacement copies of records lost due to disasters. A request may be submitted online: State of Emergency Tax Relief

Due to the deferral, individuals now have until October 16th to pay their final estimated tax payment of 2022, their 2022 extension payment, and the first three estimated tax payments for 2023.

Please note, the deferred due dates discussed above only apply to taxpayers living in or having a business in the FEMA designated counties of:

Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kings, Lake, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, and Yuba

Additional counties may be added. See the IRS website, Tax Relief in Disaster Situations for a current list of eligible counties.

The IRS plans to identify impacted taxpayers by their filing addresses so there is no need to contact the IRS to take advantage of the October 16th extended date.

Please note, the January 31st filing date for informational forms such as W-2’s and 1099’s has not been extended by the IRS.

Taxpayers in a federally declared disaster area suffering an uninsured or unreimbursed loss from the disaster can elect to deduct the loss on their return for the year of the loss (2023) or the prior year (2022).

Please contact us to discuss how the delayed filing and payment dates may impact you or your business.