Emergency and Disaster Assistance for Employers

Multiple Counties – March 2022

Employers in the counties of Amador, Butte, Contra Costa, Glenn, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, Placer, Plumas, San Francisco, Solano, Sonoma, and Trinity directly affected by the atmospheric river storm may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Multiple Counties – October 2021

Employers in the counties of Siskiyou, Trinity, Kern, Tuolumne, Mendocino, and Tulare directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Statewide – October 2021

Employers statewide directly affected by the severe drought conditions may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Orange County – October 2021

Employers in Orange county directly affected by the oil spill may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Shasta County – September 2021

Employers in Shasta county directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Lake County – September 2021

Employers in Lake county directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Alpine, Amador, and Placer Counties – August 2021

Employers in Alpine, Amador, and Placer counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

El Dorado County – August 2021

Employers in El Dorado County directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Trinity, Tehama, and Shasta Counties – August 2021

Employers in Trinity, Tehama, and Shasta counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Siskiyou, Nevada, and Placer Counties – August 2021

Employers in Siskiyou, Nevada, and Placer counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Plumas, Butte, Lassen, and Alpine Counties – July 2021

Employers in Plumas, Butte, Lassen, and Alpine counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Siskiyou, Lassen, and Plumas Counties – July 2021

Employers in Siskiyou, Lassen, and Plumas counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Madera and Mariposa Counties – June 2021

Employers in Madera and Mariposa counties directly affected by the extreme winds may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Napa, Sonoma, and Shasta Counties – September 2020

Employers in Napa, Sonoma, and Shasta counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Del Norte, Los Angeles, and Mendocino Counties – September 2020

Employers in Del Norte, Los Angeles, and Mendocino counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Siskiyou County – September 2020

Employers in Siskiyou county directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Multiple Counties – September 2020

Employers in Fresno, Madera, Mariposa, San Bernardino, and San Diego counties directly affected by the fires may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Statewide – August 2020

Employers statewide directly affected by the fires and extreme weather may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Statewide – March 2020

Employers statewide directly affected by the new coronavirus (COVID-19) may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

Requests for Extension to Report and Pay

California employers directly affected by an emergency or disaster may request an extension of up to two months to file their state payroll reports and to deposit state payroll taxes with the EDD, without penalty or interest. The extension is granted under section 1111.5 of the California Unemployment Insurance Code (CUIC) if the Governor declares a state of emergency. The request for extension to report and pay may be in writing or requested by calling the Taxpayer Assistance Center at 1-888-745-3886. For additional information, refer to Information Sheet: State of Emergency or Disaster (DE 231SED) (PDF).

State payroll taxes include Unemployment Insurance (UI), Employment Training Tax (ETT), State Disability Insurance (SDI) (includes Paid Family Leave), and California Personal Income Tax (PIT). When requesting an extension, employers must specifically state that the request is made pursuant to section 1111.5 of the CUIC. The request must also provide detailed information as to why the report(s) and/or payment(s) could not be submitted in a timely manner and must be submitted before or within two months of the original delinquent date of the return or payment.

Written requests for extension to report and pay can be mailed to:

Employment Development Department
PO Box 826880
Sacramento, CA 94280-0001

Reconstructing Payroll Records

If employer payroll records were lost or destroyed due to a disaster, it will be necessary to reconstruct the records in order to file any quarterly and/or year end payroll tax reports due and not yet submitted. It will also be necessary to determine and remit any payroll taxes due. If information is not available to determine the exact wages paid, employers may make reasonable estimates based on the best information available. The EDD can provide employers with copies of previously filed reports which may serve as a basis for their estimates. For further information or to request copies of previously filed reports, call the Taxpayer Assistance Center at 1-888-745-3886.

Disaster Relief Payments

Effective in tax years after September 11, 2001, qualified disaster relief payments (as defined in section 139 of the Internal Revenue Code [IRC]) made by an employer are not subject to PIT withholding or reportable as PIT wages under sections 13006, 13009(q), and 13009.5 of the CUIC. However, disaster relief payments paid by employers are subject to UI, ETT, and SDI (includes Paid Family Leave) unless excluded under section 938 of the CUIC as payment resulting from the death of an employee.

A qualified disaster relief payment is defined by section 139(b) of the IRC as any amount paid to or for the benefit of an individual:

(1) to reimburse or pay reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a qualified disaster,

(2) to reimburse or pay reasonable and necessary expenses incurred for the repair or rehabilitation of a personal residence or repair or replacement of its contents to the extent that the need for such repair, rehabilitation, or replacement is attributable to a qualified disaster,

(3) by a person engaged in the furnishing or sale of transportation as a common carrier by reason of the death or personal physical injuries incurred as a result of a qualified disaster, or

(4) if such amount is paid by a federal, state, or local government, or agency or instrumentality thereof, in connection with a qualified disaster in order to promote the general welfare, but only to the extent any expense compensated by such payment (as indicated in items 1-4 above) is not compensated by insurance or otherwise.

A qualified disaster is defined by section 139(c) of the IRC as:

(1) a disaster that results from a terroristic or military action (as defined in section 692(c)[2] of the IRC),

(2) a federally declared disaster (as defined in section 1033(h)[3] of the IRC),

(3) a disaster which results from an accident involving a common carrier, or from any other event which is determined by the Secretary (of Treasury) to be of a catastrophic nature, or

(4) with respect to amounts described in section 139(b) item (4) above, a disaster which is determined by an applicable federal, state, or local authority as determined by the Secretary (of Treasury) to warrant such assistance from the federal, state, or local government or agency or instrumentality thereof.

Additional information about emergencies and disasters can be found on the Governor’s Office of Emergency Services’ website.

For further information, call the EDD Taxpayer Assistance Center at 1-888-745-3886 or visit your local Employment Tax Office.

Last Revised: 04/13/2022