§ 11-1796 Income taxes of members of armed forces and victims of certain terrorist attacks.
AC § 11-1796
(a)Time to be disregarded. In the case of an individual serving in the armed forces of the United States, or serving in support of such armed forces, in an area designated by the president of the United States by executive order as a "combat zone" at any time during the period designated by the president by executive order as the period of combatant activities in such zone, or hospitalized inside or outside the state as a result of injury received while serving in such an area during such time, the period of service in such area, plus the period of continuous hospitalization inside or outside the state attributable to such injury, and the next one hundred eighty days thereafter, shall be disregarded in determining, under this chapter, in respect of the city personal income tax liability (including any interest, penalty, or addition to the tax) of such individual: (1) Whether any of the following acts was performed within the time prescribed therefor: (A) filing any return of income tax (except withholding tax); (B) payment of any income tax (except withholding tax) or any installment thereof or of any other liability in respect thereof; (C) filing a petition with the tax commission for credit or refund or for redetermination of a deficiency, or application for review of a decision rendered by the tax commission; (D) allowance of a credit or refund of city personal income tax; (E) filing a claim for credit or refund of city personal income tax; (F) assessment of city personal income tax; (G) giving or making any notice or demand for the payment of any city personal income tax, or with respect to any liability to the city in respect of such income tax; (H) collection, by the tax commission, by levy or otherwise of the amount of any liability in respect of such income tax; (I) bringing suit by the city, the state, or any officer, on their behalf, in respect of any liability in respect of such income tax; and (J) any other act required or permitted under this chapter or specified in regulations prescribed under this section by the tax commission.
(2)The amount of any credit or refund.
(b)Special rule for overpayments.
(1)Subdivision (a) of this section shall not apply for purposes of determining the amount of interest on any overpayment of tax.
(c)Action taken before ascertainment of right to benefits. The assessment or collection of the tax imposed by this chapter or of any liability in respect of such tax, or any action or proceeding by or on behalf of the city in connection therewith, may be made, taken, begun, or prosecuted in accordance with law, without regard to the provisions of subdivision (a) of this section, unless prior to such assessment, collection, action, or proceeding it is ascertained that the person concerned is entitled to the benefits of subdivision (a) of this section.
(d)Members of armed forces dying in action. In the case of any person who dies while in active service as a member of the armed forces of the United States, if such death occurred while serving in a combat zone during a period of combatant activities in such zone, as described in subdivision (a) of this section, or as a result of wounds, disease or injury incurred while so serving, the tax imposed by this chapter shall not apply with respect to the taxable year in which falls the date of his or her death, or with respect to any prior taxable year ending on or after the first day so served in a combat zone, and no returns shall be required in behalf of such person or his or her estate for such year; and the tax for any such taxable year which is unpaid at the date of death, including interest, additions to tax and penalties, if any, shall not be assessed and, if assessed, the assessment shall be abated and, if collected, shall be refunded to the legal representative of such estate if one has been appointed and has qualified, or, if no legal representative has been appointed or has qualified, to the surviving spouse.
(e)Treatment of individuals performing Desert Shield services.
(f)Relief for personnel under hostile fire. For purposes of this section, members of the armed forces of the United States who perform military service in an area outside an area designated by the president of the United States by executive order as a "combat zone", which service is in direct support of military operations in such zone and is performed under conditions which qualify such members for hostile fire pay, as authorized under subdivision (a) of section nine of the federal uniformed services pay act of nineteen hundred sixty-three, shall, during the period of such qualifying service, be deemed to have served in such combat zone.
(g)Application to spouse. The provisions of subdivisions (a), (b), (c), (e) and (f) of this section shall apply to the spouse of any individual entitled to the benefits of subdivision (a) of this section; provided, however, that such subdivisions shall not apply for any spouse for any taxable year beginning more than two years after the date designated under section one hundred twelve of the internal revenue code as the date of termination of combatant activities in a combat zone.
(h)Individuals dying as a result of certain attacks.
(3)Specified terrorist victim. For purposes of this subdivision, the term "specified terrorist victim" means any decedent who dies as a result of wounds or injury incurred as a result of the terrorist attacks against the United States on September eleventh, two thousand one, provided, however, such term shall not include any individual identified by the attorney general of the United States to have been a participant or conspirator in any such attack or a representative of such an individual.
