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§139 Qualified Disaster Relief Payments (Tax-Free to Employees)

During federally-declared disasters, employer pays employees tax-free reimbursements — no W-2, fully deductible.

Overview

IRC §139 lets employers make tax-free payments to employees for reasonable/necessary personal expenses tied to a federally-declared disaster (medical, temporary housing, transportation, funeral, home repair). No cap in statute, no W-2, no FICA. Fully deductible to business. Owner-employees qualify if plan is non-discriminatory. Historically used post-COVID, hurricanes, wildfires, floods — active in most states annually.

Best fit
Business owners in disaster-declared regionsS-corps distributing owner comp during declared eventsRetention tool for affected workforce
Estimated impact
$5K–$25K tax-free per affected employee annually

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