Below is a list of administrative guidance issued by the IRS and Department of Labor (EBSA) in response to Hurricanes Wilma, Rita, and Katrina. For additional guidance, see the Katrina Emergency Tax Relief Act (H.R. 3768, P.L. 109-73), which was signed by President Bush on September 23, 2005, and the Gulf Opportunity Zone Act of 2005 (H.R. 4440, P.L. 109-135), which was signed by President Bush on December 21, 2005. The IRS has also issued Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma; and Publication 1460, Highlights of Tax Relief Provided to Taxpayers in Response to Hurricanes Katrina, Rita, and Wilma. Tax Management will provide updates as information becomes available.

Hurricane Wilma.

The broad range of relief to victims of Hurricane Wilma so far includes:

• IR-2005-127, allowing retailers to sell dyed diesel fuel for use on the highway without penalty until November 10, 2005;
• IR-2005-128, extending until February 28, 2006 deadlines for filing returns, paying taxes, and performing other time-sensitive acts in presidentially designated disaster areas in Florida;
• EBSA Release No. 05-2087-ATL. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to February 28, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Wilma. Under this relief, Form 5500 filings required to be filed between October 23, 2005 and February 28, 2006, are granted an extension until February 28, 2006;
• PBGC Disaster Relief Announcement 05-13. The Pension Benefit Guaranty Corporation announced relief from agency filing deadlines and penalties due to Hurricane Wilma in certain Florida counties;
• Notice 2006-17, postponing until October 16, 2006 the deadline for deducting losses attributable to Hurricanes Katrina, Rita, and Wilma on a prior year's tax return;
• Notice 2006-21, providing population figures for those portions of Alabama, Mississippi, and Louisiana which were affected by Hurricanes Katrina, Wilma, and Rita for purposes of determining the increased GO Zone Housing Credit and the GO Zone Bond amounts;
• Notice 2006-38, providing taxpayers with §47 rehabilitation tax credit property within the areas affected by Hurricanes Katrina, Wilma, and Rita with 36 months to bring the properties back into service;
• Announcement 2006-29, extending through December 31, 2006 the required placed-in-service date for certain property eligible for the §168(k) additional first year depreciation deduction that is placed in service or manufactured in certain areas affected by Hurricanes Katrina, Rita, or Wilma; and
• Rev. Proc. 2006-32, providing safe harbor methods for taxpayers affected by Hurricanes Katrina, Rita, or Wilma to use in determining their casualty and theft loss deductions under §165.

Hurricane Rita.

The broad range of relief to victims of Hurricane Rita so far includes:

• IR-2005-110, extending until February 28, 2006 deadlines for filing returns, paying taxes, and performing other time-sensitive acts in presidentially designated disaster areas in Texas and Louisiana;
• EBSA Release No. 05-1848-DAL. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to February 28, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Rita. Under this relief, Form 5500 filings required to be filed between September 23, 2005 and February 28, 2006, are granted an extension until February 28, 2006;
• PBGC Disaster Relief Announcement 05-11. The Pension Benefit Guaranty Corporation announced relief from agency filing deadlines and penalties due to Hurricane Rita in parts of Louisiana and Texas;
• Notice 2005-82, extending certain IRS deadlines for tax collection and assessment activities until February 28, 2006 in areas devastated by Hurricane Rita;
• Notice 2005-89, providing temporary relief to REITs and REIT subsidiaries that provide accommodations to persons affected by Hurricanes Katrina and Rita;
• Notice 2006-12, postponing until February 28, 2006 the deadline for payors to comply with backup withholding requirements resulting from notices of incorrect taxpayer identification numbers issued by the IRS between August 29, 2005 and February 28, 2006, for taxpayers affected by Hurricanes Katrina and Rita;
• Notice 2006-17, postponing until October 16, 2006 the deadline for deducting losses attributable to Hurricanes Katrina, Rita, and Wilma on a prior year's tax return;
• Notice 2006-21, providing population figures for those portions of Alabama, Mississippi, and Louisiana which were affected by Hurricanes Katrina, Wilma, and Rita for purposes of determining the increased GO Zone Housing Credit and the GO Zone Bond amounts;
• Notice 2006-38, providing taxpayers with §47 rehabilitation tax credit property within the areas affected by Hurricanes Katrina, Wilma, and Rita with 36 months to bring the properties back into service;
• Announcement 2006-29, extending through December 31, 2006 the required placed-in-service date for certain property eligible for the §168(k) additional first year depreciation deduction that is placed in service or manufactured in certain areas affected by Hurricanes Katrina, Rita, or Wilma;
• Rev. Proc. 2006-32, providing safe harbor methods for taxpayers affected by Hurricanes Katrina, Rita, or Wilma to use in determining their casualty and theft loss deductions under §165; and
• Notice 2006-58, extending through August 28, 2007 the relief provided in Notice 2005-89 for REITs and REIT subsidiaries that provide accommodations to persons affected by Hurricanes Katrina and Rita.

Hurricane Katrina.

The broad range of relief to victims of Hurricane Katrina so far includes:

• IR-2005-84, extending tax filing deadlines in presidentially designated disaster areas in Louisiana, Mississippi, and Alabama;
• IR-2005-88, providing a toll-free telephone number (866-562-5227) for taxpayers with questions or problems, available Monday through Friday from 7 a.m. to 10 p.m.;
• IR-2005-89, allowing retailers to sell dyed diesel fuel for use on the highway without penalty until September 15, 2005;
• IR-2005-90 and Notice 2005-60, extending deadlines for mandatory contributions to some pension plans;
• IR-2005-91, expanding tax filing relief to some areas in Florida as well as to additional parts of Louisiana, Mississippi, and Alabama;
• IR-2005-92, lifting income and non-transient restrictions on low-income housing throughout the United States;
• IR-2005-93, announcing IRS will expedite charity applications;
• IR-2005-94, announcing a partnership between IRS and AICPA to provide relief;
• IR-2005-95, allowing highway vehicle removal of aviation fuel;
• IR-2005-96, granting additional time to file returns, pay taxes, or make deposits;
• IR-2005-97, announcing special relief to encourage leave donation programs;
• IR-2005-98, granting tax-exempt bond issuers additional time to file certain information returns and arbitrage rebate returns;
• Notice 2005-65, announcing that the IRS will not tax international shipping operations' domestic petroleum transport activities conducted under an emergency waiver;
• Notice 2005-66, extending certain IRS deadlines for tax collection and assessment activities until January 3, 2006 in areas devastated by Hurricane Katrina;
• Notice 2005-68, providing that payments made by employers under certain employee leave donation programs to §170(c) organizations to aid victims of Hurricane Katrina do not constitute gross income to the employee;
• Notice 2005-69, temporarily suspending certain low-income housing credit requirements;
• IR-2005-103, granting relief workers additional time to file returns, pay taxes, or make deposits;
• IR-2005-104, allowing retailers to sell dyed diesel fuel for use on the highway without penalty until October 5, 2005;
• IR-2005-105 and Announcement 2005-70, providing that employer-sponsored retirement plans can make loans and hardship distributions to victims of Hurricane Katrina and members of their families;
• Announcement 2005-71, increasing the 2005 optional standard mileage rates for businesses, medical, and moving expenses;
• IR-2005-106, announcing that the IRS is deferring, for one year, the planned effective date of Schedule M-3 reporting for life, property, and casualty insurance companies that file Forms 1120L and 1120PC;
• Extension of certain time frames for employee benefit plans. The IRS and the Department of Labor, Employee Benefits Security Administration, announced the extension of certain time frames under ERISA and the Internal Revenue Code for group health plans, disability and other welfare plans, pension plans, participants and beneficiaries of these plans, and group health insurance issuers directly affected by Hurricane Katrina. In a Notice published in the September 21, 2005 Federal Register, these deadlines were extended to January 3, 2006. In a Notice published in the October 12, 2005 Federal Register, these deadlines were extended to February 28, 2006 to comply with the Katrina Emergency Tax Relief Act of 2005 (P.L. 109-73);
• EBSA Release No. 05-1732-NAT. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to January 3, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Katrina. Under this relief, Form 5500 filings required to be filed between August 29, 2005 and January 3, 2006, are granted an extension until January 3, 2006;
• EBSA Release No. 05-1725-ATL. The U.S. Department of Labor, Employee Benefits Security Administration, announced an extension of the deadline for filing Form 5500 and Form 5500 EZ annual report/returns due to property damage and destruction from Hurricane Katrina in Florida. Under this relief, Form 5500 series filings required to be filed between August 24, 2005, and January 3, 2006, are granted an extension until January 3, 2006;
• PBGC Disaster Relief Announcement 05-10. The Pension Benefit Guaranty Corporation announced relief from agency filing deadlines and penalties due to Hurricane Katrina in parts of Louisiana, Mississippi, Alabama, and Florida;
• IR-2005-109 and Notice 2005-73, updating Hurricane Katrina tax relief guidelines (see IR-2005-84, above) for taxpayers in four states, relief workers, and others impacted by the storm. The Notice provides taxpayers with further details about how they can obtain the extensions and other tax relief for which they qualify;
• IR-2005-110, extending until February 28, 2006 deadlines for filing returns, paying taxes, and performing other time-sensitive acts in presidentially designated disaster areas as a result of Hurricane Katrina. This reflects the enactment of the Katrina Emergency Tax Relief Act of 2005, which granted the same relief;
• EBSA Release No. 05-1848-DAL. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to February 28, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Katrina. This further extends the relief provided on September 20, 2005 to victims of Katrina in Louisiana, Mississippi, Alabama and Florida. Under this relief, Form 5500 filings required to be filed between August 29, 2005 and February 28, 2006, are granted an extension until February 28, 2006. For Florida, the relief covers filings due starting August 24, 2005 to February 28, 2006;
• IR-2005-115, warning taxpayers of possible scams relating to Hurricane Katrina relief and offering tips for making disaster-related charitable donations;
• IR-2005-118, allowing retailers to sell dyed diesel fuel for use on the highway without penalty until October 25, 2005;
• IR-2005-119, advising taxpayers who suffered casualty or theft losses as a result of Hurricane Katrina that the Katrina Emergency Tax Relief Act of 2005 (P.L. 109-73) suspended the $100 and 10% limitations on personal casualty or theft losses that can be claimed as tax deductions;
• IR-2005-122, reminding qualified plan participants that the Katrina Emergency Tax Relief Act of 2005 (P.L. 109-73) provides for tax-favored withdrawals, recontributions, and loans in cases of persons whose principal residence was in the Hurricane Katrina disaster area on August 28, 2005, and who sustained an economic loss from Hurricane Katrina;
• Notice 2005-84, issued by the IRS, the U.S. Department of Labor, Employee Benefits Security Administration, and the Pension Benefit Guarantee Corporation, providing relief to certain employee benefit plans affected by Hurricane Katrina. Notice 2005-84 supersedes Notice 2005-60 and extends minimum funding requirement relief through February 28, 2006;
• Notice 2005-81, extending certain IRS deadlines for tax collection and assessment activities until February 28, 2006 in areas devastated by Hurricane Katrina, expanding the definition of “covered disaster area” to include additional tax jurisdictions, and expanding the definition of “affected taxpayers” to match the definition included in earlier notices related to Katrina;
• Announcement 2005-84, advising partnerships and S corporations with fiscal tax years beginning in 2004 and ending after August 27, 2005, of the temporary suspension of limitations on certain cash contributions and also of the temporary extension of the enhanced deduction for certain charitable contributions of food inventory, both of which were enacted under the Katrina Emergency Tax Relief Act of 2005;
• Notice 2005-89, providing temporary relief to REITs and REIT subsidiaries that provide accommodations to persons affected by Hurricanes Katrina and Rita;
• Notice 2005-92, providing guidance on distributions from eligible retirement plans and plan loans under sections 101 and 103 of the Katrina Emergency Tax Relief Act of 2005, for qualified individuals affected by Hurricane Katrina;
• EBSA Release No. 05-2188-NAT., stating that persons making plan loans to qualified individuals in compliance with the Katrina Emergency Tax Relief Act of 2005 will not be treated as having violated Title I of ERISA;
• Notice 2006-12, postponing until February 28, 2006 the deadline for payors to comply with backup withholding requirements resulting from notices of incorrect taxpayer identification numbers issued by the IRS between August 29, 2005 and February 28, 2006, for taxpayers affected by Hurricanes Katrina and Rita;
• Notice 2006-17, postponing until October 16, 2006 the deadline for deducting losses attributable to Hurricanes Katrina, Rita, and Wilma on a prior year's tax return;
• IR- 2006-30 and Notice 2006-20, extending until August 28, 2006 the deadlines for filing tax returns and making certain payments for individual and business taxpayers in certain parishes and counties in Louisiana and Mississippi which were the most severely damaged by Hurricane Katrina;
• EBSA Release No. 06-351-NAT. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to August 28, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Katrina in 31 parishes in Louisiana, 46 counties in Mississippi, and 11 counties in Alabama. This further extends the relief provided on September 28, 2005 to victims of Katrina in Louisiana, Mississippi, and Alabama. Under this relief, Form 5500 filings required to be filed between August 29, 2005 and August 28, 2006, are granted an extension until August 28, 2006;
• Notice 2006-21, providing population figures for those portions of Alabama, Mississippi, and Louisiana which were affected by Hurricanes Katrina, Wilma, and Rita for purposes of determining the increased GO Zone Housing Credit and the GO Zone Bond amounts;
• Notice 2006-38, providing taxpayers with §47 rehabilitation tax credit property within the areas affected by Hurricanes Katrina, Wilma, and Rita with 36 months to bring the properties back into service;
• Notice 2006-41, providing guidance on information reporting requirements for Gulf Opportunity Zone Bonds, Gulf Opportunity Zone Advance Refunding Bonds, and Gulf Tax Credit Bonds issued pursuant to §1400N, for taxpayers affected by Hurricane Katrina within the Gulf Opportunity Zone;
• IR-2006-58, reminding taxpayers affected by Hurricane Katrina that if they are unable to file their 2005 income tax return by the postponed due date of August 28, 2006, they are eligible for an additional six-month extension to February 28, 2007;
• Announcement 2006-29, extending through December 31, 2006 the required placed-in-service date for certain property eligible for the §168(k) additional first year depreciation deduction that is placed in service or manufactured in certain areas affected by Hurricanes Katrina, Rita, or Wilma;
• Rev. Proc. 2006-32, providing safe harbor methods for taxpayers affected by Hurricanes Katrina, Rita, or Wilma to use in determining their casualty and theft loss deductions under §165;
• IR-2006-96 and Notice 2006-56, extending until October 16, 2006 the deadlines for filing tax returns and making certain payments for individual taxpayers in certain parishes and counties in Louisiana and Mississippi which were the most severely damaged by Hurricane Katrina;
• Notice 2006-58, extending through August 28, 2007 the relief provided in Notice 2005-89 for REITs and REIT subsidiaries that provide accommodations to persons affected by Hurricanes Katrina and Rita;
• IR-2006-135, extending until October 16, 2006 the deadlines for filing returns and making payments for business taxpayers in certain parishes and counties in Louisiana and Mississippi most heavily affected by Hurricane Katrina. The IRS said eligible taxpayers include individuals, corporations, partnerships, estates, trusts, and S Corporations, and added that taxpayers in certain other areas affected by the hurricane could obtain the postponement by contacting the IRS;
• EBSA Release No. 06-1536-ATL. The U.S. Department of Labor, Employee Benefits Security Administration, announced additional time has been granted to October 16, 2006, for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Katrina. Under this relief, Form 5500 filings required to be filed between August 29, 2005 and October 16, 2006, are granted an extension until October 16, 2006;
• IR-2006-151, reminding affected taxpayers from the areas of Louisiana, Mississippi, and Alabama most severely damaged by Hurricane Katrina that the deadline for filing tax year 2004 and 2005 individual income tax returns is October 16, 2006; and
• EBSA Release No. 06-1796-ATL. The U.S. Department of Labor, Employee Benefits Security Administration, announced that additional time has been granted for filing Form 5500 and Form 5500 EZ annual report/returns for employee benefit plans affected by Hurricane Katrina. Under this relief, Form 5500 filings required to be filed between August 29, 2005 and October 16, 2006, may be extended until December 31 , 2006 for plan administrators, employers and other entities affected by Hurricane Katrina and located in one or more parishes or counties listed in IRS News Release IR-2006-13.

Other Relief.

The IRS has also issued more general relief applying to emergency workers:

• Temporary Emergency Workers. The IRS stated on October 3, 2005 that temporary emergency workers hired by federal, state, or local governments will not be subject to withholding of Social Security and Medicare taxes under certain circumstances.

The IRS also has issued guidance pertaining to employer-sponsored leave-sharing plans:

• Notice 2006-59, defining the characteristics of major disaster leave-sharing plans that allow employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by a major disaster.