Skip to main content

CALIFORNIA IS CONFORMING WITH IRS DISASTER RELIEF:

CALIFORNIA IS CONFORMING WITH IRS DISASTER RELIEF:

California residents in 51 counties now have until October 16, 2023 to file various federal and California individual and business tax returns and make tax payments. For reference, here is the announcement from the California Franchise Tax Board notifying taxpayers it will conform to most federal relief:

Tax Relief for Californians Impacted by Storms.
Updated: March 2, 2023

California announced it will conform to the federal October 16, 2023, postponements listed in this document, including the March 15, 2023 (tax year 2022) PTET payment deadlines and June 15, 2023 (tax year 2023) PTET payment and election deadlines.

IR-2023-33 extends the tax filing and payment deadlines for tax year 2022 for residents and businesses in specific California counties identified in IRS notices CA-2023-01 and CA-2023-02, which were issued in January. Those original notices granted automatic postponement for various deadlines from January 8, 2023 to May 15, 2023 for California residents of counties designated by FEMA as "federally declared disaster areas" due to storms.

For taxpayers in affected California counties whose individual returns were originally due April 18, 2023, those are now due October 16, 2023. Additionally, taxpayers can also make contributions to their IRAs and health savings accounts for 2022 until October 16, 2023. For quarterly estimated tax payments, the 4th quarter of 2022, originally due on January 17, 2023, can now be paid by October 16, 2023, or with Form 1040 if filed and paid by the same date. Moreover, the 1st, 2nd, and 3rd quarter of 2023 quarterly estimated tax, initially due on April 18, June 15, and September 15, 2023, can be paid by October 16, 2023, without any interest or penalty.

Under section 7508A, this IRS disaster relief also applies to many business tax returns. Business taxpayers in the declared counties have until October 16, 2023, to file most business tax returns including employment tax returns, corporate, S corporation, partnership, non-profit, trust, estate, gift, generation-skipping transfer tax, and Form 5500 series returns that have either an original or extended due date occurring on or after January 8, 2023, and before October 16, 2023.

Affected taxpayers that have payments related to any of the above business or other tax filings originally due on or after January 8, 2023, and before October16, 2023, are postponed through October 16, 2023, and will not be subject to penalties for failure to pay as long as such payments are paid on or before October 16, 2023.

Year-end tax filing obligations, namely W2s and 1099s, were not listed in Rev. Proc. 2018-58 as eligible for postponement. And IRS notice CA-2023-01 states “the postponement of time to file and pay does not apply to information returns in the W-2, 1094, 1095, 1097, 1098 or 1099 series; Forms 1042-S, 3921, 3922 or 8027; or employment and excise tax deposits.”