Overview
Title
To amend the Internal Revenue Code of 1986 to reinstate the deduction for personal casualty losses as in effect prior to the enactment of Public Law 115–97 (commonly referred to as the Tax Cuts and Jobs Act).
ELI5 AI
In a bill called H.R. 6938, Congress wants to let people count certain bad things that happened to them, like a house getting damaged in a storm, on their taxes to help them pay less. This was allowed before but got taken away, and now they want to bring it back so people can fix their old taxes and maybe get some money back.
Summary AI
H.R. 6938 aims to amend the Internal Revenue Code of 1986 to bring back the deduction for personal casualty losses, which was removed by the Tax Cuts and Jobs Act. The bill would allow taxpayers to claim casualty loss deductions on returns for tax years starting after December 31, 2017. It also proposes to extend the window for filing amended returns so taxpayers who missed this deduction in prior years can make corrections and possibly receive refunds. This change specifically focuses on deductions related to personal casualty losses, such as those from natural disasters or theft.
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AnalysisAI
Summary of the Bill
This bill, titled the “Tax Relief for Victims of Crimes, Scams, and Disasters Act,” aims to amend the Internal Revenue Code of 1986. Its main objective is to reinstate the tax deduction for personal casualty losses, which was significantly limited by the Tax Cuts and Jobs Act of 2017. The bill proposes to reverse these changes and apply this reinstatement retroactively to tax years starting after December 31, 2017. Additionally, it extends the window for taxpayers to amend past tax returns to claim deductions for casualty losses that were previously suspended.
Significant Issues
One primary issue with the bill is its retroactive application. By making the amendment effective from 2018, it requires taxpayers and tax preparers to revisit and potentially adjust past tax filings. This retroactivity could lead to confusion and necessitate further administrative efforts.
Another concern is the complexity and clarity of the language used, particularly in Section 3. Terms referencing tax code sections and legal jargon might be difficult for the average taxpayer to comprehend, leading to misunderstandings about eligibility and application processes for the extended amendment window.
The bill also lacks an elaboration of the specific paragraph being struck from the tax code, which could result in a lack of understanding of the exact nature of the changes being made.
Impact on the Public
For the general public, particularly those who have sustained personal casualty losses due to unforeseen events like crimes, scams, or disasters, the reinstatement of this deduction could provide significant financial relief. It allows taxpayers to reduce their taxable income by claiming losses that were not previously deductible, potentially resulting in larger refunds or reduced tax liabilities.
However, the retroactive nature of the bill could also mean additional administrative burdens for taxpayers. Individuals who may qualify for an amended return based on past losses will need to reassess and refile previous returns, which can be a time-consuming and potentially costly process without clear instructions and adequate support.
Impact on Specific Stakeholders
Certain stakeholders stand to benefit significantly from this bill, particularly those who have experienced substantial losses due to events like natural disasters or criminal activities in recent years. These individuals might find financial relief and more substantial refunds, providing them with greater support as they recover from such personal setbacks.
Conversely, tax professionals and preparers might face an increased workload as they assist clients in navigating the amended rules and retroactive claims. While this could mean more business for such professionals, it also involves the challenge of interpreting and applying complex legislative changes effectively.
Additionally, the bill may have budgetary implications for the federal government, affecting revenue due to the reinstated deductions. This potential impact might influence other areas of fiscal policy or necessitate adjustments elsewhere in federal budgeting.
In summary, while the bill aims to alleviate financial pressures on victims of various personal misfortunes, the complexities and retroactive scope require careful consideration to ensure its benefits are fully realized without undue administrative burdens.
Issues
The amendment in Section 2 is retroactive to taxable years beginning after December 31, 2017, which may cause confusion or challenges for taxpayers and tax preparers, as they will need to adjust past tax filings, potentially involve backtracking and additional administrative work.
Section 2 mentions striking paragraph (5) of Section 165(h) but does not elaborate on the content of this paragraph being removed. This lack of explanation may result in misunderstandings or lack of clarity about the concrete changes or impacts of this legislative amendment.
Section 3's extension of the amended return window for personal casualty loss involves complex language that may be difficult for general taxpayers to understand, such as references to 'period of limitation prescribed by section 6511(a)' and 'subsection (a) shall apply only with respect to amendments.' This complexity could lead to potential misinterpretations.
There is no clear explanation in Section 3 about how taxpayers will be informed of these changes, possibly leading to eligible individuals not claiming refunds or credits to which they are entitled, which raises concerns about accessibility and communication of the law.
The overall text lacks clarity on whether further regulatory guidelines or changes will accompany this amendment to facilitate its implementation, which raises potential issues about public understanding and administrative efficiency.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this bill states that the law may be referred to as the “Tax Relief for Victims of Crimes, Scams, and Disasters Act”.
2. Reinstatement of deduction for personal casualty loss Read Opens in new tab
Summary AI
The bill reinstates the tax deduction for personal casualty losses by removing a specific part of the tax code. This change will affect tax returns starting from the year 2018.
3. Extension of amended return window for personal casualty loss Read Opens in new tab
Summary AI
The section extends the deadline for taxpayers to amend past tax returns to claim a deduction for personal casualty losses, which was previously suspended, allowing them more time to file for credits or refunds related to those losses. This extension only applies to deductions for casualty losses under a specific section of the tax code.