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Loophole

§139 Qualified Disaster Relief Payments

Tax-free employer payments to employees during federally declared disasters.

Overview

§139 lets employers make unlimited tax-free, fully deductible payments to employees for reasonable personal, family, living, or funeral expenses tied to a federally declared disaster. No W-2 income, no payroll tax, no substantiation required beyond a reasonable relief plan. Widely used during COVID and reactivated every disaster declaration.

Best fit
S-corp / C-corp owners with W-2 employeesFamily businesses employing family membersEmployers in disaster-zone counties
Estimated impact
$5K–$50K+ per employee, fully deductible + tax-free

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