Employers Can Provide Tax-Free Qualified Disaster Payments to Employees

Employers whose employees are affected by hurricanes and other natural disasters often rush to provide assistance. “Qualified disaster payments,” as described by Internal Revenue Code Section 139, can be made as a tax-free benefit. 

Below are some frequently asked questions about how employers can use Section 139 to help employees cope immediately with federally declared disasters. There is no requirement for the employer to have a preestablished written plan or for the employee to incur the expense before the employer can provide assistance. 

To find information on the most recent tax relief provisions for taxpayers affected by disaster situations, visit the IRS page Tax relief in disaster situations.


FAQs

BDO Insight

Wage replacement (such as paid sick or other leave) would not be covered by Section 139, so those payments would still be taxable wages and would remain subject to income and payroll tax withholding and reporting.

Please visit BDO’s Global Employer Services page for more information on how BDO can help.