SECTION 1. PURPOSE AND

NATURE OF CHANGES

.01 This revenue procedure provides an updated list of time-sensitive acts, the performance of which may be postponed under sections 7508 and 7508A of the Internal Revenue Code (Code). Section 7508 postpones specified acts for individuals serving in the Armed Forces of the United States or serving in support of such Armed Forces in a combat zone or serving with respect to a contingency operation (as defined in 10 U.S.C. § 101(a)(13)). Section 7508A permits a postponement of the time to perform specified acts for taxpayers affected by a federally declared disaster or a terroristic or military action. The list of acts in this revenue procedure supplements the list of postponed acts in section 7508(a)(1) and § 301.7508A– 1(c)(1)(vii) of the Procedure and Administration Regulations. Rev. Proc. 2007–56, 2007–2 C.B. 388, is superseded. .02 This revenue procedure does not, by itself, provide any postponements under section 7508A. In order for taxpayers to be entitled to a postponement of any act listed in this revenue procedure, the Internal Revenue Service (IRS) generally will publish a notice or issue other guidance (including an IRS News Release) providing relief with respect to a federally declared disaster, or a terroristic or military action. See section 4.01 of this revenue procedure.

.03 For purposes of section 7508, this revenue procedure sets forth a list of such other acts that are postponed as contemplated by section 7508(a)(1)(K). Unlike section 7508A, when a taxpayer qualifies under section 7508, all of the acts listed in section 7508(a)(1) are postponed. Therefore, when a taxpayer qualifies under section 7508, the acts listed in this revenue procedure are also postponed for that taxpayer, regardless of whether the IRS publishes a notice or issues other guidance.

December 10, 2018 990 Bulletin No. 2018–50

.02 Section 7508A provides that certain acts performed by taxpayers and the government may be postponed if the taxpayer is affected by a federally declared disaster or a terroristic or military action. Prior to 2008, section 7508A(a) referred to a “Presidentially declared disaster,” defined in section 1033(h)(3). The Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (2008 Act), P.L. 110– 343, Division C, § 706(a)(2)(D)(vii), amended section 7508A(a) to refer to a “federally declared disaster,” defined in section 165(h)(3)(C)(i). Section 706(a)(1) of the 2008 Act amended section 165(h) to provide the definition of a “federally declared disaster.” Effective December 19, 2014, the Tax Technical Corrections Act of 2014 (2014 Act), P.L. 113–295, § 221(a)(27), removed the definition of “federally declared disaster” from section 165(h)(3) and placed it in section 165(i)(5). However, the 2014 Act did not amend section 7508A(a) with the new cross-reference for the definition of a “federally declared disaster.” Effective March 23, 2018, the Consolidated Appropriations Act, 2018, P.L. 115– 141, § 401(b)(10) amended section 7508A(a) to reflect the cross-reference for the definition of a “federally declared disaster” in section 165(i)(5)(A). However, the regulations under section 7508A have yet to be revised to change the reference to the definition of a federally declared disaster. A “terroristic or military action” is defined in section 692(c)(2). Section 301.7508A–1(d)(1) defines seven types of affected taxpayers, including any individual whose principal residence (for purposes of section 1033(h)(4)) is located in a “covered disaster area” and any business entity or sole proprietor whose principal place of business is located in a “covered disaster area.” Postponements under section 7508A are not available simply because a disaster or a terroristic or military action has occurred. Generally, the IRS will publish a notice or issue other guidance (including an IRS News Release) authorizing the postponement. See section 4.01 of this revenue procedure.