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HR 5366Aug 7, 2026Passed Both

What a yes vote endorsed

Doug LaMalfa Federal Disaster Tax Relief Certainty Act

What this does

The bill codifies and extends two temporary federal disaster tax provisions. First, it adds a special casualty-loss deduction to the tax code for qualified net disaster losses, which is not reduced by the 10 percent of adjusted-gross-income floor that applies to ordinary casualty losses, and it lets a qualifying disaster loss use a $500 per-casualty floor instead of the general $100 floor. That special treatment covers presidentially declared major disasters with an incident period beginning on or after December 28, 2019 and before January 1, 2027, and it is available even to taxpayers who do not itemize their deductions. Those changes apply to tax years beginning after December 31, 2024, and replace two prior temporary disaster-loss provisions for those years. Second, the bill excludes qualified wildfire relief payments from gross income, covering compensation individuals receive for wildfire-related losses, expenses, or damages only to the extent that compensation is not already covered by insurance or otherwise, for federally declared wildfire disasters occurring after December 31, 2014 and before January 1, 2027. No deduction, credit, or increase in basis is allowed for amounts covered by that exclusion, and it applies to payments received in tax years beginning after December 31, 2025.

Passed the Senate by unanimous consent

Passed the House by voice vote

How we know · 7 sourced claims
  • The bill adds a special casualty-loss deduction for qualified net disaster losses that is not reduced by the 10 percent of adjusted-gross-income floor applied to ordinary casualty losses.Source: Sec. 2(a) (new IRC 165(h)(6)(A))
  • That special treatment covers presidentially declared major disasters with an incident period beginning on or after December 28, 2019 and before January 1, 2027.Source: Sec. 2(a) (new IRC 165(h)(6)(C)(ii))
  • Qualified disaster-related personal casualty losses use a $500 per-casualty floor instead of the general $100 floor that otherwise applies under Section 165(h)(1).Source: Sec. 2(b)
  • Taxpayers who do not itemize their deductions may still claim the qualified net disaster loss deduction.Source: Sec. 2(c)
  • These amendments apply to tax years beginning after December 31, 2024, and replace two prior temporary disaster-loss provisions from 2020 and 2025 law for tax years after that date.Source: Sec. 2(d)
  • The bill excludes qualified wildfire relief payments from gross income, covering compensation for wildfire-related losses, expenses, or damages only to the extent not already compensated by insurance or otherwise, for federally declared wildfire disasters occurring after December 31, 2014 and before January 1, 2027.Source: Sec. 3(a) (new IRC 139M)
  • No deduction, credit, or increase in the basis of property is allowed for amounts excluded from gross income under the wildfire-payment exclusion, and the exclusion applies to payments received in tax years beginning after December 31, 2025.Source: Sec. 3(a) (new IRC 139M(c)), Sec. 3(c)
Read the bill on congress.gov ↗