This bill allows a deduction from gross income (above the line deduction) for attorney fees and court costs awarded with respect to a qualifying wildfire disaster (i.e., any forest or range fire that is a federally declared disaster, occurs in a disaster area, and occurs in 2015 or later). The bill excludes from the gross income of a taxpayer, for income tax purposes, amounts paid to compensate victims for losses or damages in connection with a qualifying wildfire disaster.
Impact
If passed, HB176 would have significant implications for taxpayers affected by wildfires. It would enable them to alleviate some of the financial burdens incurred while seeking legal redress against damages caused by such disasters. By permitting an above-the-line deduction for these costs, the bill aims to prevent the economic penalization of taxpayers who must engage legal services in these tragic circumstances. The change is expected to provide financial relief and encourage those affected to pursue claims without fear of additional tax liabilities.
Summary
House Bill 176 proposes amendments to the Internal Revenue Code of 1986 to establish tax deductions for attorney fees and court costs associated with certain wildfire damage claims. Specifically, the bill allows taxpayers to deduct these expenses from their gross income when they are awarded compensation related to qualifying wildfire disasters. The term 'qualifying wildfire disaster' encompasses any forest or range fire that has been federally declared as a disaster and occurred in a specified disaster area since the year 2015.
Contention
The bill may face scrutiny regarding its fiscal implications and the criteria for what constitutes a qualifying wildfire disaster. There may be discussions about the fairness of the deduction and whether it appropriately compensates those who have suffered losses due to such fires. Additionally, potential concerns could arise about the administrative feasibility of tracking and processing these deductions for both taxpayers and the IRS. Questions related to the effectiveness of this deduction in truly benefitting all wildfire victims may also come into play during legislative discussions.
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