Frequently Asked Questions
Who is eligible for the Combat Zone and Contingency Operation Tax Deferral?
Available to U.S. Armed Forces members or support personnel serving in a designated combat zone or contingency operation, and their spouses.
How does the Combat Zone and Contingency Operation Tax Deferral work?
Postpones tax deadlines (filing, payment, and claims) for individuals serving in the Armed Forces in a combat zone or contingency operation for the duration of service plus 180 days.
What law authorizes the Combat Zone and Contingency Operation Tax Deferral?
The Combat Zone and Contingency Operation Tax Deferral is authorized under IRC §7508 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §7508
Source: Internal Revenue Code, Title 26, United States Code
§ 7508. Time for performing certain acts postponed by reason of service in combat zone or contingency operation(a) Time to be disregardedIn the case of an individual serving in the Armed Forces of the United States, or serving in support of such Armed Forces, in an area designated by the President of the United States by Executive order as a “combat zone” for purposes of section 112, or when deployed outside the United States away from the individual’s permanent duty station while participating in an operation designated by the Secretary of Defense as a contingency operation (as defined in section 101(a)(13) of title 10, United States Code) or which became such a contingency operation by operation of law, at any time during the period designated by the President by Executive order as the period of combatant activities in such zone for purposes of such section or at any time during the period of such contingency operation, or hospitalized as a result of injury received while serving in such an area or operation during such time, the period of service in such area or operation, plus the period of continuous qualified hospitalization attributable to such injury, and the next 180 days thereafter, shall be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any interest, penalty, additional amount, or addition to the tax) of such individual—(1) Whether any of the following acts was performed within the time prescribed therefor:(A) Filing any return of income, estate, gift, employment, or excise tax;
(B) Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof;
(C) Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court;
(D) Allowance of a credit or refund of any tax;
(E) Filing a claim for credit or refund of any tax;
(F) Bringing suit upon any such claim for credit or refund;
(G) Assessment of any tax;
(H) Giving or making any notice or demand for the payment of any tax, or with respect to any liability to the United States in respect of any tax;
(I) Collection, by the Secretary, by levy or otherwise, of the amount of any liability in respect of any tax;
(J) Bringing suit by the United States, or any officer on its behalf, in respect of any liability in respect of any tax or in respect of any erroneous refund; and
(K) Any other act required or permitted under the internal revenue laws specified by the Secretary;
(2) The amount of any credit or refund; and
(3) Any certification of a seriously delinquent tax debt under section 7345.
(b) Special rule for overpayments(1) In generalSubsection (a) shall not apply for purposes of determining the amount of interest on any overpayment of tax.
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