President Trump issued a nationwide emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, thereby opening up the opportunity for employers to provide tax-free assistance to employees under Section 139 of the
Internal Revenue Code.
Section 139 provides that qualified disaster relief payments, from any source reimbursing or paying an individual for certain expenses in connection with a qualified disaster, are not subject to income or employment taxes (Social Security, Medicare, and
federal unemployment taxes). Possible expenses could include medical expenses that are not covered by insurance (co-pays, deductibles, over-the-counter medicines), child care, tutoring services, and expenses incurred to
allow the employee to work from home (personal computer, printer, supplies, internet service), caregiver services, and others.