I
119THCONGRESS
1
STSESSION H. R. 140
To provide tax relief for damages relating to Hurricanes Helene and Milton.
IN THE HOUSE OF REPRESENTATIVES
JANUARY3, 2025
Mr. B
UCHANANintroduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To provide tax relief for damages relating to Hurricanes
Helene and Milton.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Hurricane Helene and Milton Tax Relief Act of 2025’’. 5
(b) T
ABLE OFCONTENTS.— 6
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Earned income credit determined based on preceding taxable year in-
come with respect to qualified hurricane disaster areas.
Sec. 4. Increased limitation on charitable contributions for qualified hurricane
disaster relief; certain contributions paid before April 15, 2025,
treated as paid in 2024.
Sec. 5. Special hurricane disaster-related rules for use of retirement funds.
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SEC. 2. DEFINITIONS. 1
For purposes of this Act— 2
(a) E
LIGIBLEINDIVIDUAL.—The term ‘‘eligible indi-3
vidual’’ means an individual whose principal place of abode 4
at any time during the incident period is located in the 5
qualified hurricane disaster area and who has sustained 6
an economic loss by reason of Hurricane Helene or Hurri-7
cane Milton. 8
(b) Q
UALIFIEDHURRICANEDISASTERAREA.—The 9
term ‘‘qualified hurricane disaster area’’ means an area 10
with respect to which a major disaster has been declared 11
by the President (before the date of the enactment of this 12
Act) under section 401 of the Robert T. Stafford Disaster 13
Relief and Emergency Assistance Act by reason of Hurri-14
cane Helene or Hurricane Milton. 15
(c) I
NCIDENTPERIOD.—The term ‘‘incident period’’ 16
means the period beginning on September 28, 2024, and 17
ending on November 2, 2024. 18
SEC. 3. EARNED INCOME CREDIT DETERMINED BASED ON 19
PRECEDING TAXABLE YEAR INCOME WITH 20
RESPECT TO QUALIFIED HURRICANE DIS-21
ASTER AREAS. 22
(a) I
NGENERAL.—In the case of an eligible indi-23
vidual, if the earned income of the taxpayer for the appli-24
cable taxable year is less than the earned income of the 25
taxpayer for the preceding taxable year, the credit allowed 26
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under section 32 of the Internal Revenue Code of 1986 1
for the applicable taxable year may, at the election of the 2
taxpayer, be determined by substituting— 3
(1) such earned income for the preceding tax-4
able year, for 5
(2) such earned income for the applicable tax-6
able year. 7
(b) A
PPLICABLETAXYEAR.—For purposes of this 8
section, the term ‘‘applicable taxable year’’ means any tax-9
able year which includes any portion of the incident pe-10
riod. 11
(c) E
ARNEDINCOME.—For purposes of this section, 12
the term ‘‘earned income’’ has the meaning given such 13
term under section 32(c) of such Code. 14
(d) S
PECIALRULES.— 15
(1) A
PPLICATION TO JOINT RETURNS .—For 16
purposes of subsection (a), in the case of a joint re-17
turn for an applicable taxable year— 18
(A) such subsection shall apply if either 19
spouse is an eligible individual, and 20
(B) the earned income of the taxpayer for 21
the preceding taxable year shall be the sum of 22
the earned income of each spouse for such pre-23
ceding taxable year. 24
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(2) ERRORS TREATED AS MATHEMATICAL 1
ERROR.—For purposes of section 6213 of such 2
Code, an incorrect use on a return of earned income 3
pursuant to subsection (a) shall be treated as a 4
mathematical or clerical error. 5
(3) N
O EFFECT ON DETERMINATION OF GROSS 6
INCOME, ETC.—Except as otherwise provided in this 7
section, such Code shall be applied without regard to 8
any substitution under subsection (a). 9
(4) L
IMITATION TO SINGLE TAXABLE YEAR .— 10
No taxpayer may make an election under subsection 11
(a) if such taxpayer (or in the case of a joint return, 12
the taxpayer’s spouse) made such an election for any 13
preceding taxable year. 14
SEC. 4. INCREASED LIMITATION ON CHARITABLE CON-15
TRIBUTIONS FOR QUALIFIED HURRICANE 16
DISASTER RELIEF; CERTAIN CONTRIBUTIONS 17
PAID BEFORE APRIL 15, 2025, TREATED AS 18
PAID IN 2024. 19
(a) Q
UALIFIEDHURRICANEDISASTERCONTRIBU-20
TIONS.— 21
(1) I
NDIVIDUALS.—In the case of any qualified 22
hurricane disaster contribution, notwithstanding sec-23
tion 170(b) of such Code, the total amount of such 24
contributions which may be taken into account 25
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under section 170(a) of such Code shall not exceed 1
the excess of— 2
(A) the taxpayer’s contribution base, over 3
(B) the amount of all other charitable con-4
tributions allowable under section 170(b)(1) of 5
such Code. 6
(2) C
ARRYOVER.— 7
(A) I
N GENERAL .—If the aggregate 8
amount of contributions described in paragraph 9
(1) exceeds the limitation under such para-10
graph, such excess shall be treated (in a man-11
ner consistent with the rules of subsection 12
170(d)(1) of such Code) as a charitable con-13
tribution to which paragraph (1) applies in each 14
of the 5 succeeding years in order of time. 15
(B) C
OORDINATION WITH DEDUCTION FOR 16
CHARITABLE CONTRIBUTIONS .—For purposes 17
of applying this paragraph and sections 18
170(b)(1)(G) and 170(d)(1) of such Code, con-19
tributions described in paragraph (1) shall not 20
be treated as described in subparagraph (A) or 21
(G) of section 170(b)(1) of such Code and such 22
subparagraphs shall be applied without regard 23
to such contributions. 24
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(3) APPLICATION OF ELECTION TO PARTNER -1
SHIPS AND S CORPORATIONS .—In the case of a part-2
nership or S corporation, the election under sub-3
section (e)(3)(A)(iii) shall be made separately by 4
each partner or shareholder. 5
(b) C
ORPORATIONS.— 6
(1) I
N GENERAL.—In the case of any qualified 7
hurricane disaster contribution, notwithstanding sec-8
tion 170(b) of such Code, the total amount of such 9
contributions which may be taken into account 10
under section 170(a) of such Code shall not exceed 11
the excess of— 12
(A) 20 percent of the taxpayer’s taxable 13
income, over 14
(B) the amount of charitable contributions 15
allowed under section 170(b)(2)(A) of such 16
Code. 17
(2) C
ARRYOVER.—If the aggregate amount of 18
contributions described in paragraph (1) exceeds the 19
limitation under such paragraph, such excess shall 20
be treated (in a manner consistent with the rules of 21
section 170(d)(1) of such Code) as a charitable con-22
tribution to which paragraph (1) applies in each of 23
the 5 succeeding years in order of time. 24
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(3) COORDINATION WITH DEDUCTION FOR 1
CHARITABLE CONTRIBUTIONS .—For purposes of ap-2
plying this paragraph and sections 170(b)(2) of such 3
Code, contributions described in paragraph (1) shall 4
not be treated as described in subparagraph (A), 5
(B), or (C) of section 170(b)(2) of such Code and 6
such subparagraphs shall be applied without regard 7
to such contributions. 8
(c) D
EDUCTIONALLOWEDABOVE THELINE.—In 9
the case of an individual— 10
(1) the standard deduction otherwise deter-11
mined under section 63 of such Code shall be in-12
creased by so much of the deduction allowed under 13
section 170 of such Code as would not be so allowed 14
if determined without regard to this section, and 15
(2) section 56(b)(1)(D) of such Code shall not 16
apply to so much of the standard deduction as is at-17
tributable to the increase under paragraph (1). 18
(d) C
ONTRIBUTIONSTREATED ASMADE INPRIOR 19
Y
EAR.—For purposes of this section, a taxpayer may treat 20
any qualified hurricane disaster contribution which is paid 21
after December 31, 2024, and on or before April 15, 2025, 22
as if such contribution was made on December 31, 2024, 23
and not in 2025. 24
(e) D
EFINITIONS.—For purposes of this section— 25
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(1) CHARITABLE CONTRIBUTION .—The term 1
‘‘charitable contribution’’ has the meaning given 2
such term in section 170(c) of such Code. 3
(2) C
ONTRIBUTION BASE .—The term ‘‘con-4
tribution base’’ has the meaning given such term in 5
section 170(b)(1)(H) of such Code. 6
(3) Q
UALIFIED HURRICANE DISASTER CON -7
TRIBUTION.— 8
(A) I
N GENERAL.—The term ‘‘qualified 9
hurricane disaster contribution’’ means any 10
charitable contribution if— 11
(i) such contribution— 12
(I) is paid on or after the first 13
day of the incident period and before 14
December 31, 2025, in cash to an or-15
ganization described in section 16
170(b)(1)(A) of such Code, and 17
(II) is made for relief efforts in a 18
qualified hurricane disaster area re-19
lated to Hurricane Helene or Hurri-20
cane Milton, 21
(ii) the taxpayer obtains from such or-22
ganization contemporaneous written ac-23
knowledgment (within the meaning of sec-24
tion 170(f)(8) of such Code) that such con-25
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tribution was used (or is to be used) for 1
relief efforts in a qualified hurricane dis-2
aster area related to Hurricane Helene or 3
Hurricane Milton, and 4
(iii) the taxpayer has elected the ap-5
plication of this section with respect to 6
such contribution. 7
(B) E
XCEPTION.—A qualified hurricane 8
disaster contribution shall not include a con-9
tribution by a donor if the contribution is— 10
(i) to an organization described in sec-11
tion 509(a)(3) of such Code, or 12
(ii) for establishment of a new, or 13
maintenance of an existing, donor advised 14
fund (as defined in section 4966(d)(2) of 15
such Code). 16
SEC. 5. SPECIAL HURRICANE DISASTER-RELATED RULES 17
FOR USE OF RETIREMENT FUNDS. 18
(a) T
AX-FAVOREDWITHDRAWALS FROMRETIRE-19
MENTPLANS.— 20
(1) I
N GENERAL.—Section 72(t) of the Internal 21
Revenue Code of 1986 shall not apply to any quali-22
fied hurricane disaster distribution. 23
(2) A
GGREGATE DOLLAR LIMITATION .— 24
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(A) IN GENERAL.—For purposes of this 1
subsection, the aggregate amount of distribu-2
tions received by an individual which may be 3
treated as qualified hurricane disaster distribu-4
tions for any taxable year shall not exceed the 5
excess (if any) of— 6
(i) $100,000, over 7
(ii) the aggregate amounts treated as 8
qualified hurricane disaster distributions 9
received by such individual for all prior 10
taxable years. 11
(B) T
REATMENT OF PLAN DISTRIBU -12
TIONS.—If a distribution to an individual would 13
(without regard to subparagraph (A)) be a 14
qualified hurricane disaster distribution, a plan 15
shall not be treated as violating any require-16
ment of such Code merely because the plan 17
treats such distribution as a qualified hurricane 18
disaster distribution, unless the aggregate 19
amount of such distributions from all plans 20
maintained by the employer (and any member 21
of any controlled group which includes the em-22
ployer) to such individual exceeds $100,000. 23
(C) C
ONTROLLED GROUP .—For purposes 24
of subparagraph (B), the term ‘‘controlled 25
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group’’ means any group treated as a single 1
employer under subsection (b), (c), (m), or (o) 2
of section 414 of such Code. 3
(3) A
MOUNT DISTRIBUTED MAY BE REPAID .— 4
(A) I
N GENERAL.—Any individual who re-5
ceives a qualified hurricane disaster distribution 6
may, at any time during the 3-year period be-7
ginning on the day after the date on which such 8
distribution was received, make 1 or more con-9
tributions in an aggregate amount not to exceed 10
the amount of such distribution to an eligible 11
retirement plan of which such individual is a 12
beneficiary and to which a rollover contribution 13
of such distribution could be made under sec-14
tion 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 15
457(e)(16), of such Code, as the case may be. 16
(B) T
REATMENT OF REPAYMENTS OF DIS -17
TRIBUTIONS FROM ELIGIBLE RETIREMENT 18
PLANS OTHER THAN IRAS .—For purposes of 19
such Code, if a contribution is made pursuant 20
to subparagraph (A) with respect to a qualified 21
hurricane disaster distribution from an eligible 22
retirement plan other than an individual retire-23
ment plan, then the taxpayer shall, to the ex-24
tent of the amount of the contribution, be treat-25
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ed as having received the qualified hurricane 1
disaster distribution in an eligible rollover dis-2
tribution (as defined in section 402(c)(4) of 3
such Code) and as having transferred the 4
amount to the eligible retirement plan in a di-5
rect trustee to trustee transfer within 60 days 6
of the distribution. 7
(C) T
REATMENT OF REPAYMENTS OF DIS -8
TRIBUTIONS FROM IRAS.—For purposes of such 9
Code, if a contribution is made pursuant to 10
subparagraph (A) with respect to a qualified 11
hurricane disaster distribution from an indi-12
vidual retirement plan (as defined by section 13
7701(a)(37) of such Code), then, to the extent 14
of the amount of the contribution, the qualified 15
hurricane disaster distribution shall be treated 16
as a distribution described in section 408(d)(3) 17
of such Code and as having been transferred to 18
the eligible retirement plan in a direct trustee 19
to trustee transfer within 60 days of the dis-20
tribution. 21
(4) D
EFINITIONS.—For purposes of this sub-22
section— 23
(A) Q
UALIFIED HURRICANE DISASTER DIS -24
TRIBUTION.—Except as provided in paragraph 25
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(2), the term ‘‘qualified hurricane disaster dis-1
tribution’’ means any distribution from an eligi-2
ble retirement plan made— 3
(i) on or after the first day of the in-4
cident period and before December 31, 5
2025, and 6
(ii) to an eligible individual. 7
(B) E
LIGIBLE RETIREMENT PLAN .—The 8
term ‘‘eligible retirement plan’’ shall have the 9
meaning given such term by section 10
402(c)(8)(B) of such Code. 11
(5) I
NCOME INCLUSION SPREAD OVER 3 -YEAR 12
PERIOD.— 13
(A) I
N GENERAL.—In the case of any 14
qualified hurricane disaster distribution, unless 15
the taxpayer elects not to have this paragraph 16
apply for any taxable year, any amount re-17
quired to be included in gross income for such 18
taxable year shall be so included ratably over 19
the 3-taxable-year period beginning with such 20
taxable year. 21
(B) S
PECIAL RULE.—For purposes of sub-22
paragraph (A), rules similar to the rules of sec-23
tion 408A(d)(3)(E) of such Code shall apply. 24
(6) S
PECIAL RULES.— 25
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(A) EXEMPTION OF DISTRIBUTIONS FROM 1
TRUSTEE TO TRUSTEE TRANSFER AND WITH -2
HOLDING RULES .—For purposes of sections 3
401(a)(31), 402(f), and 3405 of such Code, 4
qualified hurricane disaster distributions shall 5
not be treated as eligible rollover distributions. 6
(B) Q
UALIFIED HURRICANE DISASTER DIS -7
TRIBUTIONS TREATED AS MEETING PLAN DIS -8
TRIBUTION REQUIREMENTS .—For purposes of 9
such Code, a qualified hurricane disaster dis-10
tribution shall be treated as meeting the re-11
quirements of sections 401(k)(2)(B)(i), 12
403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) 13
of such Code and section 8433(h)(1) of title 5, 14
United States Code, and, in the case of a 15
money purchase pension plan, a qualified hurri-16
cane disaster distribution which is an in-service 17
withdrawal shall be treated as meeting the dis-18
tribution rules of section 401(a) of such Code. 19
(b) R
ECONTRIBUTIONS OF WITHDRAWALS FOR 20
H
OMEPURCHASES.— 21
(1) R
ECONTRIBUTIONS.— 22
(A) I
N GENERAL.—Any individual who re-23
ceived a qualified distribution may, during the 24
applicable period, make 1 or more contributions 25
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in an aggregate amount not to exceed the 1
amount of such qualified distribution to an eli-2
gible retirement plan (as defined in section 3
402(c)(8)(B) of such Code) of which such indi-4
vidual is a beneficiary and to which a rollover 5
contribution of such distribution could be made 6
under section 402(c), 403(a)(4), 403(b)(8), or 7
408(d)(3), of such Code, as the case may be. 8
(B) T
REATMENT OF REPAYMENTS .—Rules 9
similar to the rules of subparagraphs (B) and 10
(C) of subsection (a)(3) shall apply for purposes 11
of this subsection. 12
(2) Q
UALIFIED DISTRIBUTION .—For purposes 13
of this subsection, the term ‘‘qualified distribution’’ 14
means any distribution— 15
(A) described in section 16
401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), 17
403(b)(11)(B), or 72(t)(2)(F), of such Code, 18
(B) which was to be used to purchase or 19
construct a principal residence in a qualified 20
hurricane disaster area, but which was not so 21
used on account of Hurricane Helene or Hurri-22
cane Milton, and 23
(C) which was received during the period 24
beginning on the date which is 180 days before 25
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the first day of the incident period and ending 1
on the date which is 30 days after the last day 2
of such incident period. 3
(3) A
PPLICABLE PERIOD.—For purposes of this 4
subsection, the term ‘‘applicable period’’ means, in 5
the case of a principal residence in a qualified hurri-6
cane disaster area, the period beginning on the first 7
day of the incident period and ending on December 8
31, 2025. 9
(c) L
OANSFROMQUALIFIEDPLANS.— 10
(1) I
NCREASE IN LIMIT ON LOANS NOT TREAT -11
ED AS DISTRIBUTIONS .—In the case of any loan 12
from a qualified employer plan (as defined under 13
section 72(p)(4) of such Code) to an eligible indi-14
vidual made during the period beginning on the date 15
of the enactment of this Act and ending on June 30, 16
2025— 17
(A) section 72(p)(2)(A)(i) of such Code 18
shall be applied by substituting ‘‘ $100,000’’ for 19
‘‘ $50,000’’, and 20
(B) clause (ii) of such section shall be ap-21
plied by substituting ‘‘the present value of the 22
nonforfeitable accrued benefit of the employee 23
under the plan’’ for ‘‘one-half of the present 24
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value of the nonforfeitable accrued benefit of 1
the employee under the plan’’. 2
(2) D
ELAY OF REPAYMENT .—In the case of an 3
eligible individual with an outstanding loan (on or 4
after the first day of the incident period) from a 5
qualified employer plan (as defined in section 6
72(p)(4) of such Code)— 7
(A) if the due date pursuant to subpara-8
graph (B) or (C) of section 72(p)(2) of such 9
Code for any repayment with respect to such 10
loan occurs during the period beginning on the 11
first day of the incident period and ending on 12
the date which is 180 days after the last day 13
of such incident period, such due date shall be 14
delayed for 1 year (or, if later, until December 15
31, 2025), 16
(B) any subsequent repayments with re-17
spect to any such loan shall be appropriately 18
adjusted to reflect the delay in the due date 19
under subparagraph (A) and any interest accru-20
ing during such delay, and 21
(C) in determining the 5-year period and 22
the term of a loan under subparagraph (B) or 23
(C) of section 72(p)(2) of such Code, the period 24
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described in subparagraph (A) of this para-1
graph shall be disregarded. 2
(d) P
ROVISIONSRELATING TO PLANAMEND-3
MENTS.— 4
(1) I
N GENERAL.—If this subsection applies to 5
any amendment to any plan or annuity contract, 6
such plan or contract shall be treated as being oper-7
ated in accordance with the terms of the plan during 8
the period described in paragraph (2)(B)(i). 9
(2) A
MENDMENTS TO WHICH SUBSECTION AP -10
PLIES.— 11
(A) I
N GENERAL.—This subsection shall 12
apply to any amendment to any plan or annuity 13
contract which is made— 14
(i) pursuant to any provision of this 15
section, or pursuant to any regulation 16
issued by the Secretary or the Secretary of 17
Labor under any provision of this section, 18
and 19
(ii) on or before the last day of the 20
first plan year beginning on or after Janu-21
ary 1, 2025, or such later date as the Sec-22
retary may prescribe. 23
In the case of a governmental plan (as defined 24
in section 414(d) of such Code), clause (ii) shall 25
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be applied by substituting the date which is 2 1
years after the date otherwise applied under 2
clause (ii). 3
(B) C
ONDITIONS.—This subsection shall 4
not apply to any amendment unless— 5
(i) during the period— 6
(I) beginning on the date that 7
this section or the regulation de-8
scribed in subparagraph (A)(i) takes 9
effect (or in the case of a plan or con-10
tract amendment not required by this 11
section or such regulation, the effec-12
tive date specified by the plan), and 13
(II) ending on the date described 14
in subparagraph (A)(ii) (or, if earlier, 15
the date the plan or contract amend-16
ment is adopted), 17
the plan or contract is operated as if such plan 18
or contract amendment were in effect, and 19
(ii) such plan or contract amendment 20
applies retroactively for such period. 21
Æ
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