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1040nr Filing

H&r Block Free File2010 1040ez Tax FormOnline 1040ez FormFree Tax Preparation 2012Minimum Earnings For Filing TaxesFiling Past Year Tax ReturnsHelp With 1040x First TimeH And R Block Free TaxIrs Gov 1040ez InstructionsTurbotax Military Discount 20122012 Tax AmendmentWww.taxact.comFile Back Tax Returns OnlineH&r Block State TaxesExtension FormHow To Ammend A Tax ReturnFree 1040ez Instructions2010incometax FormsAmend Turbotax ReturnFree State Tax Usa2012 Free Taxes OnlineIncome Tax Amendment FormTax Planning Us 2007 Taxes1040 Tax Form Worksheet1040ez Tax Table 2010Irs Gov File 2009 Taxes10 40 Ez Tax Form2013 Tax Form 1040ezHrblock 2010 Tax CalculatorIrs Gov FormsDo Military Pay State TaxesHr Block Free TaxesState Tax Mailing Address2011 Ez Tax FormAmend My Tax Return2007 Tax Return Online FreeI Still Need To File My 2012 TaxesWhere Get State Tax FormsHow To Amend Federal Tax Return2011 1040

1040nr Filing

1040nr filing Index A Assistance (see Tax help) C Carryback period, When To Use an NOL Carryback, waiving, Waiving the Carryback Period Carryforward period, When To Use an NOL Carryover from 2012 to 2013 Estates and trusts, Estates and trusts. 1040nr filing Worksheet instructions, Worksheet Instructions Claiming an NOL deduction, How To Claim an NOL Deduction D Deducting a carryback, Deducting a Carryback Deducting a carryforward, Deducting a Carryforward Domestic production activities deduction, Domestic production activities deduction (line 23). 1040nr filing , Modified taxable income. 1040nr filing E Eligible loss, Eligible loss. 1040nr filing F Farming business, Farming business. 1040nr filing Farming loss, Farming loss. 1040nr filing Figuring an NOL Capital losses, Adjustments for capital losses (lines 19–22). 1040nr filing Carryover, How To Figure an NOL Carryover Form 1045, Schedule A, Form 1045, Schedule A. 1040nr filing NOL deduction, NOLs from other years (line 24). 1040nr filing Nonbusiness deductions, Nonbusiness deductions (line 6). 1040nr filing Nonbusiness income, Nonbusiness income (line 7). 1040nr filing Filing status, change in, Change in Filing Status Form 1045, Schedule A, Form 1045, Schedule A. 1040nr filing Form 1045, Schedule B, Form 1045, Schedule B. 1040nr filing Forms and schedules Form 1040X, Form 1040X. 1040nr filing Form 1045, Form 1045. 1040nr filing Form 1045, Schedule A, Form 1045, Schedule A. 1040nr filing Form 1045, Schedule B, Form 1045, Schedule B. 1040nr filing Free tax services, Free help with your tax return. 1040nr filing Future developments, Reminders H Help (see Tax help) How to carry an NOL back or forward, How To Carry an NOL Back or Forward How to figure an NOL, How To Figure an NOL I Illustrated forms and schedules Form 1045, Illustrated Form 1045 Form 1045, Schedule A, Illustrated Form 1045, Schedule A Form 1045, Schedule B, Form 1045, Schedule B. 1040nr filing M Marital status, change in, Change in Marital Status Missing children, photographs of, Reminders Modified taxable income, Modified taxable income. 1040nr filing N NOL resulting in no taxable income, NOL resulting in no taxable income. 1040nr filing NOL year, Introduction, NOL year. 1040nr filing P Publications (see Tax help) Q Qualified disaster loss, Qualified disaster loss. 1040nr filing Qualified small business, Qualified small business. 1040nr filing R Refiguring tax, Refiguring your tax. 1040nr filing S Specified liability loss, Specified liability loss. 1040nr filing Steps in figuring NOL, NOL Steps T Tax help, How To Get Tax Help W Waiving the 10-year carryback, Waiving the 10-year carryback. 1040nr filing Waiving the 5-year carryback, Waiving the 5-year carryback. 1040nr filing Waiving the carryback period, Waiving the Carryback Period When to use an NOL, When To Use an NOL Worksheet (Continued), Carryover from 2012 to 2013, Prev  Up     Home   More Online Publications
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The 1040nr Filing

1040nr filing Publication 547 - Main Content Table of Contents CasualtyFamily pet. 1040nr filing Progressive deterioration. 1040nr filing Special Procedure for Damage From Corrosive Drywall Theft Loss on Deposits Proof of Loss Figuring a LossGain from reimbursement. 1040nr filing Business or income-producing property. 1040nr filing Loss of inventory. 1040nr filing Leased property. 1040nr filing Exception for personal-use real property. 1040nr filing Decrease in Fair Market Value Adjusted Basis Insurance and Other Reimbursements Deduction Limits2% Rule $100 Rule 10% Rule Figuring the Deduction Figuring a GainPostponement of Gain When To Report Gains and LossesLoss on deposits. 1040nr filing Lessee's loss. 1040nr filing Disaster Area LossesDisaster loss to inventory. 1040nr filing Main home in disaster area. 1040nr filing Unsafe home. 1040nr filing Time limit for making choice. 1040nr filing Revoking your choice. 1040nr filing Figuring the loss deduction. 1040nr filing How to report the loss on Form 1040X. 1040nr filing Records. 1040nr filing Need a copy of your tax return for the preceding year? Postponed Tax Deadlines Contacting the Federal Emergency Management Agency (FEMA) How To Report Gains and LossesProperty held 1 year or less. 1040nr filing Property held more than 1 year. 1040nr filing Depreciable property. 1040nr filing Adjustments to Basis If Deductions Are More Than Income How To Get Tax HelpLow Income Taxpayer Clinics Casualty A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. 1040nr filing A sudden event is one that is swift, not gradual or progressive. 1040nr filing An unexpected event is one that is ordinarily unanticipated and unintended. 1040nr filing An unusual event is one that is not a day-to-day occurrence and that is not typical of the activity in which you were engaged. 1040nr filing Generally, casualty losses are deductible during the taxable year that the loss occurred. 1040nr filing See Table 3, later. 1040nr filing Deductible losses. 1040nr filing   Deductible casualty losses can result from a number of different causes, including the following. 1040nr filing Car accidents (but see Nondeductible losses , next, for exceptions). 1040nr filing Earthquakes. 1040nr filing Fires (but see Nondeductible losses , next, for exceptions). 1040nr filing Floods. 1040nr filing Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster as discussed under Disaster Area Losses , later. 1040nr filing Mine cave-ins. 1040nr filing Shipwrecks. 1040nr filing Sonic booms. 1040nr filing Storms, including hurricanes and tornadoes. 1040nr filing Terrorist attacks. 1040nr filing Vandalism. 1040nr filing Volcanic eruptions. 1040nr filing Nondeductible losses. 1040nr filing   A casualty loss is not deductible if the damage or destruction is caused by the following. 1040nr filing Accidentally breaking articles such as glassware or china under normal conditions. 1040nr filing A family pet (explained below). 1040nr filing A fire if you willfully set it, or pay someone else to set it. 1040nr filing A car accident if your willful negligence or willful act caused it. 1040nr filing The same is true if the willful act or willful negligence of someone acting for you caused the accident. 1040nr filing Progressive deterioration (explained below). 1040nr filing However, see Special Procedure for Damage From Corrosive Drywall , later. 1040nr filing Family pet. 1040nr filing   Loss of property due to damage by a family pet is not deductible as a casualty loss unless the requirements discussed earlier under Casualty are met. 1040nr filing Example. 1040nr filing Your antique oriental rug was damaged by your new puppy before it was housebroken. 1040nr filing Because the damage was not unexpected and unusual, the loss is not deductible as a casualty loss. 1040nr filing Progressive deterioration. 1040nr filing   Loss of property due to progressive deterioration is not deductible as a casualty loss. 1040nr filing This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. 1040nr filing The following are examples of damage due to progressive deterioration. 1040nr filing The steady weakening of a building due to normal wind and weather conditions. 1040nr filing The deterioration and damage to a water heater that bursts. 1040nr filing However, the rust and water damage to rugs and drapes caused by the bursting of a water heater does qualify as a casualty. 1040nr filing Most losses of property caused by droughts. 1040nr filing To be deductible, a drought-related loss generally must be incurred in a trade or business or in a transaction entered into for profit. 1040nr filing Termite or moth damage. 1040nr filing The damage or destruction of trees, shrubs, or other plants by a fungus, disease, insects, worms, or similar pests. 1040nr filing However, a sudden destruction due to an unexpected or unusual infestation of beetles or other insects may result in a casualty loss. 1040nr filing Special Procedure for Damage From Corrosive Drywall Under a special procedure, you can deduct the amounts you paid to repair damage to your home and household appliances due to corrosive drywall. 1040nr filing Under this procedure, you treat the amounts paid for repairs as a casualty loss in the year of payment. 1040nr filing For example, amounts you paid for repairs in 2013 are deductible on your 2013 tax return and amounts you paid for repairs in 2012 are deductible on your 2012 tax return. 1040nr filing Note. 1040nr filing If you paid for any repairs before 2013 and you choose to follow this special procedure, you can amend your return for the earlier year by filing Form 1040X, Amended U. 1040nr filing S. 1040nr filing Individual Income Tax Return, and attaching a completed Form 4684 for the appropriate year. 1040nr filing Form 4684 for the appropriate year can be found at IRS. 1040nr filing gov. 1040nr filing Generally, Form 1040X must be filed within 3 years after the date the original return was filed or within 2 years after the date the tax was paid, whichever is later. 1040nr filing Corrosive drywall. 1040nr filing   For purposes of this special procedure, “corrosive drywall” means drywall that is identified as problem drywall under the two-step identification method published by the Consumer Product Safety Commission (CPSC) and the Department of Housing and Urban Development (HUD) in their interim guidance dated January 28, 2010, as revised by the CPSC and HUD. 1040nr filing The revised identification guidance and remediation guidelines are available at www. 1040nr filing cpsc. 1040nr filing gov/Safety-Education/Safety-Education-Centers/Drywall. 1040nr filing Special instructions for completing Form 4684. 1040nr filing   If you choose to follow this special procedure, complete Form 4684, Section A, according to the instructions below. 1040nr filing The IRS will not challenge your treatment of damage resulting from corrosive drywall as a casualty loss if you determine and report the loss as explained below. 1040nr filing Top margin of Form 4684. 1040nr filing   Enter “Revenue Procedure 2010-36”. 1040nr filing Line 1. 1040nr filing   Enter the information required by the line 1 instructions. 1040nr filing Line 2. 1040nr filing   Skip this line. 1040nr filing Line 3. 1040nr filing   Enter the amount of insurance or other reimbursements you received (including through litigation). 1040nr filing If none, enter -0-. 1040nr filing Lines 4–7. 1040nr filing   Skip these lines. 1040nr filing Line 8. 1040nr filing   Enter the amount you paid to repair the damage to your home and household appliances due to corrosive drywall. 1040nr filing Enter only the amounts you paid to restore your home to the condition existing immediately before the damage. 1040nr filing Do not enter any amounts you paid for improvements or additions that increased the value of your home above its pre-loss value. 1040nr filing If you replaced a household appliance instead of repairing it, enter the lesser of: The current cost to replace the original appliance, or The basis of the original appliance (generally its cost). 1040nr filing Line 9. 1040nr filing   If line 8 is more than line 3, do one of the following. 1040nr filing If you have a pending claim for reimbursement (or you intend to pursue reimbursement), enter 75% of the difference between lines 3 and 8. 1040nr filing If item (1) does not apply to you, enter the full amount of the difference between lines 3 and 8. 1040nr filing If line 8 is less than or equal to line 3, you cannot claim a casualty loss deduction using this special procedure. 1040nr filing    If you have a pending claim for reimbursement (or you intend to pursue reimbursement), you may have income or an additional deduction in a later tax year depending on the actual amount of reimbursement received. 1040nr filing See Reimbursement Received After Deducting Loss, later. 1040nr filing Lines 10–18. 1040nr filing   Complete these lines according to the Instructions for Form 4684. 1040nr filing Choosing not to follow this special procedure. 1040nr filing   If you choose not to follow this special procedure, you are subject to all of the provisions that apply to the deductibility of casualty losses, and you must complete lines 1–9 according to the Instructions for Form 4684. 1040nr filing This means, for example, that you must establish that the damage, destruction, or loss of property resulted from an identifiable event as defined earlier under Casualty . 1040nr filing Furthermore, you must have proof that shows the following. 1040nr filing The loss is properly deductible in the tax year you claimed it and not in some other year. 1040nr filing See When To Report Gains and Losses , later. 1040nr filing The amount of the claimed loss. 1040nr filing See Proof of Loss , later. 1040nr filing No claim for reimbursement of any portion of the loss exists for which there is a reasonable prospect of recovery. 1040nr filing See When To Report Gains and Losses , later. 1040nr filing Theft A theft is the taking and removing of money or property with the intent to deprive the owner of it. 1040nr filing The taking of property must be illegal under the law of the state where it occurred and it must have been done with criminal intent. 1040nr filing You do not need to show a conviction for theft. 1040nr filing Theft includes the taking of money or property by the following means. 1040nr filing Blackmail. 1040nr filing Burglary. 1040nr filing Embezzlement. 1040nr filing Extortion. 1040nr filing Kidnapping for ransom. 1040nr filing Larceny. 1040nr filing Robbery. 1040nr filing The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law. 1040nr filing Decline in market value of stock. 1040nr filing   You cannot deduct as a theft loss the decline in market value of stock acquired on the open market for investment if the decline is caused by disclosure of accounting fraud or other illegal misconduct by the officers or directors of the corporation that issued the stock. 1040nr filing However, you can deduct as a capital loss the loss you sustain when you sell or exchange the stock or the stock becomes completely worthless. 1040nr filing You report a capital loss on Schedule D (Form 1040). 1040nr filing For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550. 1040nr filing Mislaid or lost property. 1040nr filing    The simple disappearance of money or property is not a theft. 1040nr filing However, an accidental loss or disappearance of property can qualify as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual. 1040nr filing Sudden, unexpected, and unusual events were defined earlier under Casualty . 1040nr filing Example. 1040nr filing A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. 1040nr filing The diamond falls from the ring and is never found. 1040nr filing The loss of the diamond is a casualty. 1040nr filing Losses from Ponzi-type investment schemes. 1040nr filing   The IRS has issued the following guidance to assist taxpayers who are victims of losses from Ponzi-type investment schemes: Revenue Ruling 2009-9, 2009-14 I. 1040nr filing R. 1040nr filing B. 1040nr filing 735 (available at www. 1040nr filing irs. 1040nr filing gov/irb/2009-14_IRB/ar07. 1040nr filing html). 1040nr filing Revenue Procedure 2009-20, 2009-14 I. 1040nr filing R. 1040nr filing B. 1040nr filing 749 (available at www. 1040nr filing irs. 1040nr filing gov/irb/2009-14_IRB/ar11. 1040nr filing html). 1040nr filing Revenue Procedure 2011-58, 2011-50 I. 1040nr filing R. 1040nr filing B. 1040nr filing 847 (available at www. 1040nr filing irs. 1040nr filing gov/irb/2011-50_IRB/ar11. 1040nr filing html). 1040nr filing If you qualify to use Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58, and you choose to follow the procedures in the guidance, first fill out Section C of Form 4684 to determine the amount to enter on Section B, line 28. 1040nr filing Skip lines 19 to 27, but you must fill out Section B, lines 29 to 39, as appropriate. 1040nr filing Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. 1040nr filing You do not need to complete Appendix A. 1040nr filing For more information, see the above revenue ruling and revenue procedures, and the Instructions for Form 4684. 1040nr filing   If you choose not to use the procedures in Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58, you may claim your theft loss by filling out Section B, lines 19 to 39, as appropriate. 1040nr filing Loss on Deposits A loss on deposits can occur when a bank, credit union, or other financial institution becomes insolvent or bankrupt. 1040nr filing If you incurred this type of loss, you can choose one of the following ways to deduct the loss. 1040nr filing As a casualty loss. 1040nr filing As an ordinary loss. 1040nr filing As a nonbusiness bad debt. 1040nr filing Casualty loss or ordinary loss. 1040nr filing   You can choose to deduct a loss on deposits as a casualty loss or as an ordinary loss for any year in which you can reasonably estimate how much of your deposits you have lost in an insolvent or bankrupt financial institution. 1040nr filing The choice generally is made on the return you file for that year and applies to all your losses on deposits for the year in that particular financial institution. 1040nr filing If you treat the loss as a casualty or ordinary loss, you cannot treat the same amount of the loss as a nonbusiness bad debt when it actually becomes worthless. 1040nr filing However, you can take a nonbusiness bad debt deduction for any amount of loss that is more than the estimated amount you deducted as a casualty or ordinary loss. 1040nr filing Once you make the choice, you cannot change it without permission from the Internal Revenue Service. 1040nr filing   If you claim an ordinary loss, report it as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23. 1040nr filing The maximum amount you can claim is $20,000 ($10,000 if you are married filing separately) reduced by any expected state insurance proceeds. 1040nr filing Your loss is subject to the 2%-of-adjusted-gross-income limit. 1040nr filing You cannot choose to claim an ordinary loss if any part of the deposit is federally insured. 1040nr filing Nonbusiness bad debt. 1040nr filing   If you do not choose to deduct the loss as a casualty loss or as an ordinary loss, you must wait until the year the actual loss is determined and deduct the loss as a nonbusiness bad debt in that year. 1040nr filing How to report. 1040nr filing   The kind of deduction you choose for your loss on deposits determines how you report your loss. 1040nr filing See Table 1. 1040nr filing More information. 1040nr filing   For more information, see Special Treatment for Losses on Deposits in Insolvent or Bankrupt Financial Institutions in the Instructions for Form 4684. 1040nr filing Deducted loss recovered. 1040nr filing   If you recover an amount you deducted as a loss in an earlier year, you may have to include the amount recovered in your income for the year of recovery. 1040nr filing If any part of the original deduction did not reduce your tax in the earlier year, you do not have to include that part of the recovery in your income. 1040nr filing For more information, see Recoveries in Publication 525. 1040nr filing Proof of Loss To deduct a casualty or theft loss, you must be able to show that there was a casualty or theft. 1040nr filing You also must be able to support the amount you take as a deduction. 1040nr filing Casualty loss proof. 1040nr filing   For a casualty loss, you should be able to show all of the following. 1040nr filing The type of casualty (car accident, fire, storm, etc. 1040nr filing ) and when it occurred. 1040nr filing That the loss was a direct result of the casualty. 1040nr filing That you were the owner of the property, or if you leased the property from someone else, that you were contractually liable to the owner for the damage. 1040nr filing Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 1040nr filing Theft loss proof. 1040nr filing   For a theft loss, you should be able to show all of the following. 1040nr filing When you discovered that your property was missing. 1040nr filing That your property was stolen. 1040nr filing That you were the owner of the property. 1040nr filing Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 1040nr filing    It is important that you have records that will prove your deduction. 1040nr filing If you do not have the actual records to support your deduction, you can use other satisfactory evidence to support it. 1040nr filing Figuring a Loss To determine your deduction for a casualty or theft loss, you must first figure your loss. 1040nr filing Table 1. 1040nr filing Reporting Loss on Deposits IF you choose to report the loss as a(n). 1040nr filing . 1040nr filing . 1040nr filing   THEN report it on. 1040nr filing . 1040nr filing . 1040nr filing casualty loss   Form 4684 and Schedule A  (Form 1040). 1040nr filing ordinary loss   Schedule A (Form 1040). 1040nr filing nonbusiness bad debt   Form 8949 and Schedule D (Form 1040). 1040nr filing Amount of loss. 1040nr filing   Figure the amount of your loss using the following steps. 1040nr filing Determine your adjusted basis in the property before the casualty or theft. 1040nr filing Determine the decrease in fair market value (FMV) of the property as a result of the casualty or theft. 1040nr filing From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you received or expect to receive. 1040nr filing For personal-use property and property used in performing services as an employee, apply the deduction limits, discussed later, to determine the amount of your deductible loss. 1040nr filing Gain from reimbursement. 1040nr filing   If your reimbursement is more than your adjusted basis in the property, you have a gain. 1040nr filing This is true even if the decrease in the FMV of the property is smaller than your adjusted basis. 1040nr filing If you have a gain, you may have to pay tax on it, or you may be able to postpone reporting the gain. 1040nr filing See Figuring a Gain , later. 1040nr filing Business or income-producing property. 1040nr filing   If you have business or income-producing property, such as rental property, and it is stolen or completely destroyed, the decrease in FMV is not considered. 1040nr filing Your loss is figured as follows:   Your adjusted basis in the property     MINUS     Any salvage value     MINUS     Any insurance or other reimbursement you  receive or expect to receive   Loss of inventory. 1040nr filing   There are two ways you can deduct a casualty or theft loss of inventory, including items you hold for sale to customers. 1040nr filing   One way is to deduct the loss through the increase in the cost of goods sold by properly reporting your opening and closing inventories. 1040nr filing Do not claim this loss again as a casualty or theft loss. 1040nr filing If you take the loss through the increase in the cost of goods sold, include any insurance or other reimbursement you receive for the loss in gross income. 1040nr filing   The other way is to deduct the loss separately. 1040nr filing If you deduct it separately, eliminate the affected inventory items from the cost of goods sold by making a downward adjustment to opening inventory or purchases. 1040nr filing Reduce the loss by the reimbursement you received. 1040nr filing Do not include the reimbursement in gross income. 1040nr filing If you do not receive the reimbursement by the end of the year, you may not claim a loss to the extent you have a reasonable prospect of recovery. 1040nr filing Leased property. 1040nr filing   If you are liable for casualty damage to property you lease, your loss is the amount you must pay to repair the property minus any insurance or other reimbursement you receive or expect to receive. 1040nr filing Separate computations. 1040nr filing   Generally, if a single casualty or theft involves more than one item of property, you must figure the loss on each item separately. 1040nr filing Then combine the losses to determine the total loss from that casualty or theft. 1040nr filing Exception for personal-use real property. 1040nr filing   In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings, trees, and shrubs) is treated as one item. 1040nr filing Figure the loss using the smaller of the following. 1040nr filing The decrease in FMV of the entire property. 1040nr filing The adjusted basis of the entire property. 1040nr filing   See Real property under Figuring the Deduction, later. 1040nr filing Decrease in Fair Market Value Fair market value (FMV) is the price for which you could sell your property to a willing buyer when neither of you has to sell or buy and both of you know all the relevant facts. 1040nr filing The decrease in FMV used to figure the amount of a casualty or theft loss is the difference between the property's fair market value immediately before and immediately after the casualty or theft. 1040nr filing FMV of stolen property. 1040nr filing   The FMV of property immediately after a theft is considered to be zero because you no longer have the property. 1040nr filing Example. 1040nr filing Several years ago, you purchased silver dollars at face value for $150. 1040nr filing This is your adjusted basis in the property. 1040nr filing Your silver dollars were stolen this year. 1040nr filing The FMV of the coins was $1,000 just before they were stolen, and insurance did not cover them. 1040nr filing Your theft loss is $150. 1040nr filing Recovered stolen property. 1040nr filing   Recovered stolen property is your property that was stolen and later returned to you. 1040nr filing If you recovered property after you had already taken a theft loss deduction, you must refigure your loss using the smaller of the property's adjusted basis (explained later) or the decrease in FMV from the time just before it was stolen until the time it was recovered. 1040nr filing Use this amount to refigure your total loss for the year in which the loss was deducted. 1040nr filing   If your refigured loss is less than the loss you deducted, you generally have to report the difference as income in the recovery year. 1040nr filing But report the difference only up to the amount of the loss that reduced your tax. 1040nr filing For more information on the amount to report, see Recoveries in Publication 525. 1040nr filing Figuring Decrease in FMV — Items To Consider To figure the decrease in FMV because of a casualty or theft, you generally need a competent appraisal. 1040nr filing However, other measures also can be used to establish certain decreases. 1040nr filing See Appraisal and Cost of cleaning up or making repairs , next. 1040nr filing Appraisal. 1040nr filing   An appraisal to determine the difference between the FMV of the property immediately before a casualty or theft and immediately afterwards should be made by a competent appraiser. 1040nr filing The appraiser must recognize the effects of any general market decline that may occur along with the casualty. 1040nr filing This information is needed to limit any deduction to the actual loss resulting from damage to the property. 1040nr filing   Several factors are important in evaluating the accuracy of an appraisal, including the following. 1040nr filing The appraiser's familiarity with your property before and after the casualty or theft. 1040nr filing The appraiser's knowledge of sales of comparable property in the area. 1040nr filing The appraiser's knowledge of conditions in the area of the casualty. 1040nr filing The appraiser's method of appraisal. 1040nr filing You may be able to use an appraisal that you used to get a federal loan (or a federal loan guarantee) as the result of a federally declared disaster to establish the amount of your disaster loss. 1040nr filing For more information on disasters, see Disaster Area Losses, later. 1040nr filing Cost of cleaning up or making repairs. 1040nr filing   The cost of repairing damaged property is not part of a casualty loss. 1040nr filing Neither is the cost of cleaning up after a casualty. 1040nr filing But you can use the cost of cleaning up or of making repairs after a casualty as a measure of the decrease in FMV if you meet all the following conditions. 1040nr filing The repairs are actually made. 1040nr filing The repairs are necessary to bring the property back to its condition before the casualty. 1040nr filing The amount spent for repairs is not excessive. 1040nr filing The repairs take care of the damage only. 1040nr filing The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty. 1040nr filing Landscaping. 1040nr filing   The cost of restoring landscaping to its original condition after a casualty may indicate the decrease in FMV. 1040nr filing You may be able to measure your loss by what you spend on the following. 1040nr filing Removing destroyed or damaged trees and shrubs, minus any salvage you receive. 1040nr filing Pruning and other measures taken to preserve damaged trees and shrubs. 1040nr filing Replanting necessary to restore the property to its approximate value before the casualty. 1040nr filing Car value. 1040nr filing   Books issued by various automobile organizations that list your car may be useful in figuring the value of your car. 1040nr filing You can use the books' retail values and modify them by factors such as the mileage and condition of your car to figure its value. 1040nr filing The prices are not official, but they may be useful in determining value and suggesting relative prices for comparison with current sales and offerings in your area. 1040nr filing If your car is not listed in the books, determine its value from other sources. 1040nr filing A dealer's offer for your car as a trade-in on a new car is not usually a measure of its true value. 1040nr filing Figuring Decrease in FMV — Items Not To Consider You generally should not consider the following items when attempting to establish the decrease in FMV of your property. 1040nr filing Cost of protection. 1040nr filing   The cost of protecting your property against a casualty or theft is not part of a casualty or theft loss. 1040nr filing The amount you spend on insurance or to board up your house against a storm is not part of your loss. 1040nr filing If the property is business property, these expenses are deductible as business expenses. 1040nr filing   If you make permanent improvements to your property to protect it against a casualty or theft, add the cost of these improvements to your basis in the property. 1040nr filing An example would be the cost of a dike to prevent flooding. 1040nr filing Exception. 1040nr filing   You cannot increase your basis in the property by, or deduct as a business expense, any expenditures you made with respect to qualified disaster mitigation payments (discussed later under Disaster Area Losses ). 1040nr filing Related expenses. 1040nr filing   The incidental expenses due to a casualty or theft, such as expenses for the treatment of personal injuries, for temporary housing, or for a rental car, are not part of your casualty or theft loss. 1040nr filing However, they may be deductible as business expenses if the damaged or stolen property is business property. 1040nr filing Replacement cost. 1040nr filing   The cost of replacing stolen or destroyed property is not part of a casualty or theft loss. 1040nr filing Example. 1040nr filing You bought a new chair 4 years ago for $300. 1040nr filing In April, a fire destroyed the chair. 1040nr filing You estimate that it would cost $500 to replace it. 1040nr filing If you had sold the chair before the fire, you estimate that you could have received only $100 for it because it was 4 years old. 1040nr filing The chair was not insured. 1040nr filing Your loss is $100, the FMV of the chair before the fire. 1040nr filing It is not $500, the replacement cost. 1040nr filing Sentimental value. 1040nr filing   Do not consider sentimental value when determining your loss. 1040nr filing If a family portrait, heirloom, or keepsake is damaged, destroyed, or stolen, you must base your loss on its FMV, as limited by your adjusted basis in the property. 1040nr filing Decline in market value of property in or near casualty area. 1040nr filing   A decrease in the value of your property because it is in or near an area that suffered a casualty, or that might again suffer a casualty, is not to be taken into consideration. 1040nr filing You have a loss only for actual casualty damage to your property. 1040nr filing However, if your home is in a federally declared disaster area, see Disaster Area Losses , later. 1040nr filing Costs of photographs and appraisals. 1040nr filing   Photographs taken after a casualty will be helpful in establishing the condition and value of the property after it was damaged. 1040nr filing Photographs showing the condition of the property after it was repaired, restored, or replaced may also be helpful. 1040nr filing   Appraisals are used to figure the decrease in FMV because of a casualty or theft. 1040nr filing See Appraisal , earlier, under Figuring Decrease in FMV — Items To Consider, for information about appraisals. 1040nr filing   The costs of photographs and appraisals used as evidence of the value and condition of property damaged as a result of a casualty are not a part of the loss. 1040nr filing They are expenses in determining your tax liability. 1040nr filing You can claim these costs as a miscellaneous itemized deduction subject to the 2%-of-adjusted-gross-income limit on Schedule A (Form 1040). 1040nr filing Adjusted Basis The measure of your investment in the property you own is its basis. 1040nr filing For property you buy, your basis is usually its cost to you. 1040nr filing For property you acquire in some other way, such as inheriting it, receiving it as a gift, or getting it in a nontaxable exchange, you must figure your basis in another way, as explained in Publication 551. 1040nr filing If you inherited the property from someone who died in 2010 and the executor of the decedent's estate made the election to file Form 8939, refer to the information provided by the executor or see Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010. 1040nr filing Adjustments to basis. 1040nr filing    While you own the property, various events may take place that change your basis. 1040nr filing Some events, such as additions or permanent improvements to the property, increase basis. 1040nr filing Others, such as earlier casualty losses and depreciation deductions, decrease basis. 1040nr filing When you add the increases to the basis and subtract the decreases from the basis, the result is your adjusted basis. 1040nr filing See Publication 551 for more information on figuring the basis of your property. 1040nr filing Insurance and Other Reimbursements If you receive an insurance or other type of reimbursement, you must subtract the reimbursement when you figure your loss. 1040nr filing You do not have a casualty or theft loss to the extent you are reimbursed. 1040nr filing If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. 1040nr filing You must reduce your loss even if you do not receive payment until a later tax year. 1040nr filing See Reimbursement Received After Deducting Loss , later. 1040nr filing Failure to file a claim for reimbursement. 1040nr filing   If your property is covered by insurance, you must file a timely insurance claim for reimbursement of your loss. 1040nr filing Otherwise, you cannot deduct this loss as a casualty or theft. 1040nr filing The portion of the loss usually not covered by insurance (for example, a deductible) is not subject to this rule. 1040nr filing Example. 1040nr filing You have a car insurance policy with a $1,000 deductible. 1040nr filing Because your insurance did not cover the first $1,000 of an auto collision, the $1,000 would be deductible (subject to the $100 and 10% rules, discussed later). 1040nr filing This is true, even if you do not file an insurance claim, because your insurance policy would never have reimbursed you for the deductible. 1040nr filing Types of Reimbursements The most common type of reimbursement is an insurance payment for your stolen or damaged property. 1040nr filing Other types of reimbursements are discussed next. 1040nr filing Also see the Instructions for Form 4684. 1040nr filing Employer's emergency disaster fund. 1040nr filing   If you receive money from your employer's emergency disaster fund and you must use that money to rehabilitate or replace property on which you are claiming a casualty loss deduction, you must take that money into consideration in computing the casualty loss deduction. 1040nr filing Take into consideration only the amount you used to replace your destroyed or damaged property. 1040nr filing Example. 1040nr filing Your home was extensively damaged by a tornado. 1040nr filing Your loss after reimbursement from your insurance company was $10,000. 1040nr filing Your employer set up a disaster relief fund for its employees. 1040nr filing Employees receiving money from the fund had to use it to rehabilitate or replace their damaged or destroyed property. 1040nr filing You received $4,000 from the fund and spent the entire amount on repairs to your home. 1040nr filing In figuring your casualty loss, you must reduce your unreimbursed loss ($10,000) by the $4,000 you received from your employer's fund. 1040nr filing Your casualty loss before applying the deduction limits (discussed later) is $6,000. 1040nr filing Cash gifts. 1040nr filing   If you receive excludable cash gifts as a disaster victim and there are no limits on how you can use the money, you do not reduce your casualty loss by these excludable cash gifts. 1040nr filing This applies even if you use the money to pay for repairs to property damaged in the disaster. 1040nr filing Example. 1040nr filing Your home was damaged by a hurricane. 1040nr filing Relatives and neighbors made cash gifts to you that were excludable from your income. 1040nr filing You used part of the cash gifts to pay for repairs to your home. 1040nr filing There were no limits or restrictions on how you could use the cash gifts. 1040nr filing It was an excludable gift, so the money you received and used to pay for repairs to your home does not reduce your casualty loss on the damaged home. 1040nr filing Insurance payments for living expenses. 1040nr filing   You do not reduce your casualty loss by insurance payments you receive to cover living expenses in either of the following situations. 1040nr filing You lose the use of your main home because of a casualty. 1040nr filing Government authorities do not allow you access to your main home because of a casualty or threat of one. 1040nr filing Inclusion in income. 1040nr filing   If these insurance payments are more than the temporary increase in your living expenses, you must include the excess in your income. 1040nr filing Report this amount on Form 1040, line 21. 1040nr filing However, if the casualty occurs in a federally declared disaster area, none of the insurance payments are taxable. 1040nr filing See Qualified disaster relief payments , later, under Disaster Area Losses. 1040nr filing   A temporary increase in your living expenses is the difference between the actual living expenses you and your family incurred during the period you could not use your home and your normal living expenses for that period. 1040nr filing Actual living expenses are the reasonable and necessary expenses incurred because of the loss of your main home. 1040nr filing Generally, these expenses include the amounts you pay for the following. 1040nr filing Renting suitable housing. 1040nr filing Transportation. 1040nr filing Food. 1040nr filing Utilities. 1040nr filing Miscellaneous services. 1040nr filing Normal living expenses consist of these same expenses that you would have incurred but did not because of the casualty or the threat of one. 1040nr filing Example. 1040nr filing As a result of a fire, you vacated your apartment for a month and moved to a motel. 1040nr filing You normally pay $525 a month for rent. 1040nr filing None was charged for the month the apartment was vacated. 1040nr filing Your motel rent for this month was $1,200. 1040nr filing You normally pay $200 a month for food. 1040nr filing Your food expenses for the month you lived in the motel were $400. 1040nr filing You received $1,100 from your insurance company to cover your living expenses. 1040nr filing You determine the payment you must include in income as follows. 1040nr filing 1. 1040nr filing Insurance payment for living expenses $1,100 2. 1040nr filing Actual expenses during the month you are unable to use your home because of the fire $1,600   3. 1040nr filing Normal living expenses 725   4. 1040nr filing Temporary increase in living expenses: Subtract line 3  from line 2 875 5. 1040nr filing Amount of payment includible in income: Subtract line 4 from line 1 $ 225 Tax year of inclusion. 1040nr filing   You include the taxable part of the insurance payment in income for the year you regain the use of your main home or, if later, for the year you receive the taxable part of the insurance payment. 1040nr filing Example. 1040nr filing Your main home was destroyed by a tornado in August 2011. 1040nr filing You regained use of your home in November 2012. 1040nr filing The insurance payments you received in 2011 and 2012 were $1,500 more than the temporary increase in your living expenses during those years. 1040nr filing You include this amount in income on your 2012 Form 1040. 1040nr filing If, in 2013, you receive further payments to cover the living expenses you had in 2011 and 2012, you must include those payments in income on your 2013 Form 1040. 1040nr filing Disaster relief. 1040nr filing   Food, medical supplies, and other forms of assistance you receive do not reduce your casualty loss, unless they are replacements for lost or destroyed property. 1040nr filing Table 2. 1040nr filing Deduction Limit Rules for Personal-Use and Employee Property       $100 Rule 10% Rule 2% Rule General Application You must reduce each casualty or theft loss by $100 when figuring your deduction. 1040nr filing Apply this rule to personal-use property after you have figured the amount of your loss. 1040nr filing You must reduce your total casualty or theft loss by 10% of your adjusted gross income. 1040nr filing Apply this rule to personal-use property after you reduce each loss by $100 (the $100 rule). 1040nr filing You must reduce your total casualty or theft loss by 2% of your adjusted gross income. 1040nr filing Apply this rule to property you used in performing services as an employee after you have figured the amount of your loss and added it to your job expenses and most other miscellaneous itemized deductions. 1040nr filing Single Event Apply this rule only once, even if many pieces of property are affected. 1040nr filing Apply this rule only once, even if many pieces of property are affected. 1040nr filing Apply this rule only once, even if many pieces of property are affected. 1040nr filing More Than One Event Apply to the loss from each event. 1040nr filing Apply to the total of all your losses from all events. 1040nr filing Apply to the total of all your losses from all events. 1040nr filing More Than One Person— With Loss From the   Same Event  (other than a married couple  filing jointly) Apply separately to each person. 1040nr filing Apply separately to each person. 1040nr filing Apply separately to each person. 1040nr filing Married Couple—  With Loss From the  Same Event Filing Joint Return Apply as if you were one person. 1040nr filing Apply as if you were one person. 1040nr filing Apply as if you were one person. 1040nr filing Filing Separate Return Apply separately to each spouse. 1040nr filing Apply separately to each spouse. 1040nr filing Apply separately to each spouse. 1040nr filing More Than One Owner (other than a married couple filing jointly) Apply separately to each owner of jointly owned property. 1040nr filing Apply separately to each owner of jointly owned property. 1040nr filing Apply separately to each owner of jointly owned property. 1040nr filing    Qualified disaster relief payments you receive for expenses you incurred as a result of a federally declared disaster, are not taxable income to you. 1040nr filing For more information, see Qualified disaster relief payments under Disaster Area Losses, later. 1040nr filing   Disaster unemployment assistance payments are unemployment benefits that are taxable. 1040nr filing   Generally, disaster relief grants received under the Robert T. 1040nr filing Stafford Disaster Relief and Emergency Assistance Act are not included in your income. 1040nr filing See Federal disaster relief grants , later, under Disaster Area Losses. 1040nr filing Loan proceeds. 1040nr filing   Do not reduce your casualty loss by loan proceeds you use to rehabilitate or replace property on which you are claiming a casualty loss deduction. 1040nr filing If you have a federal loan that is canceled (forgiven), see Federal loan canceled , later, under Disaster Area Losses. 1040nr filing Reimbursement Received After Deducting Loss If you figured your casualty or theft loss using the amount of your expected reimbursement, you may have to adjust your tax return for the tax year in which you get your actual reimbursement. 1040nr filing This section explains the adjustment you may have to make. 1040nr filing Actual reimbursement less than expected. 1040nr filing   If you later receive less reimbursement than you expected, include that difference as a loss with your other losses (if any) on your return for the year in which you can reasonably expect no more reimbursement. 1040nr filing Example. 1040nr filing Your personal car had a FMV of $2,000 when it was destroyed in a collision with another car in 2012. 1040nr filing The accident was due to the negligence of the other driver. 1040nr filing At the end of 2012, there was a reasonable prospect that the owner of the other car would reimburse you in full. 1040nr filing You did not have a deductible loss in 2012. 1040nr filing In January 2013, the court awards you a judgment of $2,000. 1040nr filing However, in July it becomes apparent that you will be unable to collect any amount from the other driver. 1040nr filing Since this is your only casualty or theft loss, you can deduct the loss in 2013 that is figured by applying the Deduction Limits (discussed later). 1040nr filing Actual reimbursement more than expected. 1040nr filing   If you later receive more reimbursement than you expected, after you have claimed a deduction for the loss, you may have to include the extra reimbursement in your income for the year you receive it. 1040nr filing However, if any part of the original deduction did not reduce your tax for the earlier year, do not include that part of the reimbursement in your income. 1040nr filing You do not refigure your tax for the year you claimed the deduction. 1040nr filing See Recoveries in Publication 525 to find out how much extra reimbursement to include in income. 1040nr filing Example. 1040nr filing In 2012, a hurricane destroyed your motorboat. 1040nr filing Your loss was $3,000, and you estimated that your insurance would cover $2,500 of it. 1040nr filing You did not itemize deductions on your 2012 return, so you could not deduct the loss. 1040nr filing When the insurance company reimburses you for the loss, you do not report any of the reimbursement as income. 1040nr filing This is true even if it is for the full $3,000 because you did not deduct the loss on your 2012 return. 1040nr filing The loss did not reduce your tax. 1040nr filing    If the total of all the reimbursements you receive is more than your adjusted basis in the destroyed or stolen property, you will have a gain on the casualty or theft. 1040nr filing If you have already taken a deduction for a loss and you receive the reimbursement in a later year, you may have to include the gain in your income for the later year. 1040nr filing Include the gain as ordinary income up to the amount of your deduction that reduced your tax for the earlier year. 1040nr filing You may be able to postpone reporting any remaining gain as explained under Postponement of Gain, later. 1040nr filing Actual reimbursement same as expected. 1040nr filing   If you receive exactly the reimbursement you expected to receive, you do not have to include any of the reimbursement in your income and you cannot deduct any additional loss. 1040nr filing Example. 1040nr filing In December 2013, you had a collision while driving your personal car. 1040nr filing Repairs to the car cost $950. 1040nr filing You had $100 deductible collision insurance. 1040nr filing Your insurance company agreed to reimburse you for the rest of the damage. 1040nr filing Because you expected a reimbursement from the insurance company, you did not have a casualty loss deduction in 2013. 1040nr filing Due to the $100 rule, you cannot deduct the $100 you paid as the deductible. 1040nr filing When you receive the $850 from the insurance company in 2014, do not report it as income. 1040nr filing Deduction Limits After you have figured your casualty or theft loss, you must figure how much of the loss you can deduct. 1040nr filing The deduction for casualty and theft losses of employee property and personal-use property is limited. 1040nr filing A loss on employee property is subject to the 2% rule, discussed next. 1040nr filing With certain exceptions, a loss on property you own for your personal use is subject to the $100 and 10% rules, discussed later. 1040nr filing The 2%, $100, and 10% rules are also summarized in Table 2 . 1040nr filing Losses on business property (other than employee property) and income-producing property are not subject to these rules. 1040nr filing However, if your casualty or theft loss involved a home you used for business or rented out, your deductible loss may be limited. 1040nr filing See the Instructions for Form 4684, Section B. 1040nr filing If the casualty or theft loss involved property used in a passive activity, see Form 8582, Passive Activity Loss Limitations, and its instructions. 1040nr filing 2% Rule The casualty and theft loss deduction for employee property, when added to your job expenses and most other miscellaneous itemized deductions on Schedule A (Form 1040) or Form 1040NR, Schedule A, must be reduced by 2% of your adjusted gross income. 1040nr filing Employee property is property used in performing services as an employee. 1040nr filing $100 Rule After you have figured your casualty or theft loss on personal-use property, as discussed earlier, you must reduce that loss by $100. 1040nr filing This reduction applies to each total casualty or theft loss. 1040nr filing It does not matter how many pieces of property are involved in an event. 1040nr filing Only a single $100 reduction applies. 1040nr filing Example. 1040nr filing You have $750 deductible collision insurance on your car. 1040nr filing The car is damaged in a collision. 1040nr filing The insurance company pays you for the damage minus the $750 deductible. 1040nr filing The amount of the casualty loss is based solely on the deductible. 1040nr filing The casualty loss is $650 ($750 − $100) because the first $100 of a casualty loss on personal-use property is not deductible. 1040nr filing Single event. 1040nr filing   Generally, events closely related in origin cause a single casualty. 1040nr filing It is a single casualty when the damage is from two or more closely related causes, such as wind and flood damage caused by the same storm. 1040nr filing A single casualty may also damage two or more pieces of property, such as a hailstorm that damages both your home and your car parked in your driveway. 1040nr filing Example 1. 1040nr filing A thunderstorm destroyed your pleasure boat. 1040nr filing You also lost some boating equipment in the storm. 1040nr filing Your loss was $5,000 on the boat and $1,200 on the equipment. 1040nr filing Your insurance company reimbursed you $4,500 for the damage to your boat. 1040nr filing You had no insurance coverage on the equipment. 1040nr filing Your casualty loss is from a single event and the $100 rule applies once. 1040nr filing Figure your loss before applying the 10% rule (discussed later) as follows. 1040nr filing     Boat Equipment 1. 1040nr filing Loss $5,000 $1,200 2. 1040nr filing Subtract insurance 4,500 -0- 3. 1040nr filing Loss after reimbursement $ 500 $1,200 4. 1040nr filing Total loss $1,700 5. 1040nr filing Subtract $100 100 6. 1040nr filing Loss before 10% rule $1,600 Example 2. 1040nr filing Thieves broke into your home in January and stole a ring and a fur coat. 1040nr filing You had a loss of $200 on the ring and $700 on the coat. 1040nr filing This is a single theft. 1040nr filing The $100 rule applies to the total $900 loss. 1040nr filing Example 3. 1040nr filing In September, hurricane winds blew the roof off your home. 1040nr filing Flood waters caused by the hurricane further damaged your home and destroyed your furniture and personal car. 1040nr filing This is considered a single casualty. 1040nr filing The $100 rule is applied to your total loss from the flood waters and the wind. 1040nr filing More than one loss. 1040nr filing   If you have more than one casualty or theft loss during your tax year, you must reduce each loss by $100. 1040nr filing Example. 1040nr filing Your family car was damaged in an accident in January. 1040nr filing Your loss after the insurance reimbursement was $75. 1040nr filing In February, your car was damaged in another accident. 1040nr filing This time your loss after the insurance reimbursement was $90. 1040nr filing Apply the $100 rule to each separate casualty loss. 1040nr filing Since neither accident resulted in a loss of over $100, you are not entitled to any deduction for these accidents. 1040nr filing More than one person. 1040nr filing   If two or more individuals (other than a husband and wife filing a joint return) have losses from the same casualty or theft, the $100 rule applies separately to each individual. 1040nr filing Example. 1040nr filing A fire damaged your house and also damaged the personal property of your house guest. 1040nr filing You must reduce your loss by $100. 1040nr filing Your house guest must reduce his or her loss by $100. 1040nr filing Married taxpayers. 1040nr filing   If you and your spouse file a joint return, you are treated as one individual in applying the $100 rule. 1040nr filing It does not matter whether you own the property jointly or separately. 1040nr filing   If you and your spouse have a casualty or theft loss and you file separate returns, each of you must reduce your loss by $100. 1040nr filing This is true even if you own the property jointly. 1040nr filing If one spouse owns the property, only that spouse can figure a loss deduction on a separate return. 1040nr filing   If the casualty or theft loss is on property you own as tenants by the entirety, each of you can figure your deduction on only one-half of the loss on separate returns. 1040nr filing Neither of you can figure your deduction on the entire loss on a separate return. 1040nr filing Each of you must reduce the loss by $100. 1040nr filing More than one owner. 1040nr filing   If two or more individuals (other than a husband and wife filing a joint return) have a loss on property jointly owned, the $100 rule applies separately to each. 1040nr filing For example, if two sisters live together in a home they own jointly and they have a casualty loss on the home, the $100 rule applies separately to each sister. 1040nr filing 10% Rule You must reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. 1040nr filing Apply this rule after you reduce each loss by $100. 1040nr filing For more information, see the Form 4684 instructions. 1040nr filing If you have both gains and losses from casualties or thefts, see Gains and losses , later in this discussion. 1040nr filing Example. 1040nr filing In June, you discovered that your house had been burglarized. 1040nr filing Your loss after insurance reimbursement was $2,000. 1040nr filing Your adjusted gross income for the year you discovered the theft is $29,500. 1040nr filing Figure your theft loss as follows. 1040nr filing 1. 1040nr filing Loss after insurance $2,000 2. 1040nr filing Subtract $100 100 3. 1040nr filing Loss after $100 rule $1,900 4. 1040nr filing Subtract 10% of $29,500 AGI $2,950 5. 1040nr filing Theft loss deduction $-0- You do not have a theft loss deduction because your loss ($1,900) is less than 10% of your adjusted gross income ($2,950). 1040nr filing More than one loss. 1040nr filing   If you have more than one casualty or theft loss during your tax year, reduce each loss by any reimbursement and by $100. 1040nr filing Then you must reduce the total of all your losses by 10% of your adjusted gross income. 1040nr filing Example. 1040nr filing In March, you had a car accident that totally destroyed your car. 1040nr filing You did not have collision insurance on your car, so you did not receive any insurance reimbursement. 1040nr filing Your loss on the car was $1,800. 1040nr filing In November, a fire damaged your basement and totally destroyed the furniture, washer, dryer, and other items you had stored there. 1040nr filing Your loss on the basement items after reimbursement was $2,100. 1040nr filing Your adjusted gross income for the year that the accident and fire occurred is $25,000. 1040nr filing You figure your casualty loss deduction as follows. 1040nr filing     Car Basement 1. 1040nr filing Loss $1,800 $2,100 2. 1040nr filing Subtract $100 per incident 100 100 3. 1040nr filing Loss after $100 rule $1,700 $2,000 4. 1040nr filing Total loss $3,700 5. 1040nr filing Subtract 10% of $25,000 AGI 2,500 6. 1040nr filing Casualty loss deduction $1,200 Married taxpayers. 1040nr filing   If you and your spouse file a joint return, you are treated as one individual in applying the 10% rule. 1040nr filing It does not matter if you own the property jointly or separately. 1040nr filing   If you file separate returns, the 10% rule applies to each return on which a loss is claimed. 1040nr filing More than one owner. 1040nr filing   If two or more individuals (other than husband and wife filing a joint return) have a loss on property that is owned jointly, the 10% rule applies separately to each. 1040nr filing Gains and losses. 1040nr filing   If you have casualty or theft gains as well as losses to personal-use property, you must compare your total gains to your total losses. 1040nr filing Do this after you have reduced each loss by any reimbursements and by $100 but before you have reduced the losses by 10% of your adjusted gross income. 1040nr filing Casualty or theft gains do not include gains you choose to postpone. 1040nr filing See Postponement of Gain, later. 1040nr filing Losses more than gains. 1040nr filing   If your losses are more than your recognized gains, subtract your gains from your losses and reduce the result by 10% of your adjusted gross income. 1040nr filing The rest, if any, is your deductible loss from personal-use property. 1040nr filing Example. 1040nr filing Your theft loss after reducing it by reimbursements and by $100 is $2,700. 1040nr filing Your casualty gain is $700. 1040nr filing Your loss is more than your gain, so you must reduce your $2,000 net loss ($2,700 − $700) by 10% of your adjusted gross income. 1040nr filing Gains more than losses. 1040nr filing   If your recognized gains are more than your losses, subtract your losses from your gains. 1040nr filing The difference is treated as a capital gain and must be reported on Schedule D (Form 1040). 1040nr filing The 10% rule does not apply to your gains. 1040nr filing Example. 1040nr filing Your theft loss is $600 after reducing it by reimbursements and by $100. 1040nr filing Your casualty gain is $1,600. 1040nr filing Because your gain is more than your loss, you must report the $1,000 net gain ($1,600 − $600) on Schedule D (Form 1040). 1040nr filing More information. 1040nr filing   For information on how to figure recognized gains, see Figuring a Gain , later. 1040nr filing Figuring the Deduction Generally, you must figure your loss separately for each item stolen, damaged, or destroyed. 1040nr filing However, a special rule applies to real property you own for personal use. 1040nr filing Real property. 1040nr filing   In figuring a loss to real estate you own for personal use, all improvements (such as buildings and ornamental trees and the land containing the improvements) are considered together. 1040nr filing Example 1. 1040nr filing In June, a fire destroyed your lakeside cottage, which cost $144,800 (including $14,500 for the land) several years ago. 1040nr filing (Your land was not damaged. 1040nr filing ) This was your only casualty or theft loss for the year. 1040nr filing The FMV of the property immediately before the fire was $180,000 ($145,000 for the cottage and $35,000 for the land). 1040nr filing The FMV immediately after the fire was $35,000 (value of the land). 1040nr filing You collected $130,000 from the insurance company. 1040nr filing Your adjusted gross income for the year the fire occurred is $80,000. 1040nr filing Your deduction for the casualty loss is $6,700, figured in the following manner. 1040nr filing 1. 1040nr filing Adjusted basis of the entire property (cost in this example) $144,800 2. 1040nr filing FMV of entire property  before fire $180,000 3. 1040nr filing FMV of entire property after fire 35,000 4. 1040nr filing Decrease in FMV of entire property (line 2 − line 3) $145,000 5. 1040nr filing Loss (smaller of line 1 or line 4) $144,800 6. 1040nr filing Subtract insurance 130,000 7. 1040nr filing Loss after reimbursement $14,800 8. 1040nr filing Subtract $100 100 9. 1040nr filing Loss after $100 rule $14,700 10. 1040nr filing Subtract 10% of $80,000 AGI 8,000 11. 1040nr filing Casualty loss deduction $ 6,700 Example 2. 1040nr filing You bought your home a few years ago. 1040nr filing You paid $150,000 ($10,000 for the land and $140,000 for the house). 1040nr filing You also spent an additional $2,000 for landscaping. 1040nr filing This year a fire destroyed your home. 1040nr filing The fire also damaged the shrubbery and trees in your yard. 1040nr filing The fire was your only casualty or theft loss this year. 1040nr filing Competent appraisers valued the property as a whole at $175,000 before the fire, but only $50,000 after the fire. 1040nr filing Shortly after the fire, the insurance company paid you $95,000 for the loss. 1040nr filing Your adjusted gross income for this year is $70,000. 1040nr filing You figure your casualty loss deduction as follows. 1040nr filing 1. 1040nr filing Adjusted basis of the entire property (cost of land, building, and landscaping) $152,000 2. 1040nr filing FMV of entire property  before fire $175,000 3. 1040nr filing FMV of entire property after fire 50,000 4. 1040nr filing Decrease in FMV of entire property (line 2 − line 3) $125,000 5. 1040nr filing Loss (smaller of line 1 or line 4) $125,000 6. 1040nr filing Subtract insurance 95,000 7. 1040nr filing Loss after reimbursement $30,000 8. 1040nr filing Subtract $100 100 9. 1040nr filing Loss after $100 rule $29,900 10. 1040nr filing Subtract 10% of $70,000 AGI 7,000 11. 1040nr filing Casualty loss deduction $ 22,900 Personal property. 1040nr filing   Personal property is any property that is not real property. 1040nr filing If your personal property is stolen or is damaged or destroyed by a casualty, you must figure your loss separately for each item of property. 1040nr filing Then combine these separate losses to figure the total loss. 1040nr filing Reduce the total loss by $100 and 10% of your adjusted gross income to figure the loss deduction. 1040nr filing Example 1. 1040nr filing In August, a storm destroyed your pleasure boat, which cost $18,500. 1040nr filing This was your only casualty or theft loss for the year. 1040nr filing Its FMV immediately before the storm was $17,000. 1040nr filing You had no insurance, but were able to salvage the motor of the boat and sell it for $200. 1040nr filing Your adjusted gross income for the year the casualty occurred is $70,000. 1040nr filing Although the motor was sold separately, it is part of the boat and not a separate item of property. 1040nr filing You figure your casualty loss deduction as follows. 1040nr filing 1. 1040nr filing Adjusted basis (cost in this example) $18,500 2. 1040nr filing FMV before storm $17,000 3. 1040nr filing FMV after storm 200 4. 1040nr filing Decrease in FMV  (line 2 − line 3) $16,800 5. 1040nr filing Loss (smaller of line 1 or line 4) $16,800 6. 1040nr filing Subtract insurance -0- 7. 1040nr filing Loss after reimbursement $16,800 8. 1040nr filing Subtract $100 100 9. 1040nr filing Loss after $100 rule $16,700 10. 1040nr filing Subtract 10% of $70,000 AGI 7,000 11. 1040nr filing Casualty loss deduction $ 9,700 Example 2. 1040nr filing In June, you were involved in an auto accident that totally destroyed your personal car and your antique pocket watch. 1040nr filing You had bought the car for $30,000. 1040nr filing The FMV of the car just before the accident was $17,500. 1040nr filing Its FMV just after the accident was $180 (scrap value). 1040nr filing Your insurance company reimbursed you $16,000. 1040nr filing Your watch was not insured. 1040nr filing You had purchased it for $250. 1040nr filing Its FMV just before the accident was $500. 1040nr filing Your adjusted gross income for the year the accident occurred is $97,000. 1040nr filing Your casualty loss deduction is zero, figured as follows. 1040nr filing     Car Watch 1. 1040nr filing Adjusted basis (cost) $30,000 $250 2. 1040nr filing FMV before accident $17,500 $500 3. 1040nr filing FMV after accident 180 -0- 4. 1040nr filing Decrease in FMV (line 2 − line 3) $17,320 $500 5. 1040nr filing Loss (smaller of line 1 or line 4) $17,320 $250 6. 1040nr filing Subtract insurance 16,000 -0- 7. 1040nr filing Loss after reimbursement $1,320 $250 8. 1040nr filing Total loss $1,570 9. 1040nr filing Subtract $100 100 10. 1040nr filing Loss after $100 rule $1,470 11. 1040nr filing Subtract 10% of $97,000 AGI 9,700 12. 1040nr filing Casualty loss deduction $ -0- Both real and personal properties. 1040nr filing   When a casualty involves both real and personal properties, you must figure the loss separately for each type of property. 1040nr filing However, you apply a single $100 reduction to the total loss. 1040nr filing Then, you apply the 10% rule to figure the casualty loss deduction. 1040nr filing Example. 1040nr filing In July, a hurricane damaged your home, which cost you $164,000 including land. 1040nr filing The FMV of the property (both building and land) immediately before the storm was $170,000 and its FMV immediately after the storm was $100,000. 1040nr filing Your household furnishings were also damaged. 1040nr filing You separately figured the loss on each damaged household item and arrived at a total loss of $600. 1040nr filing You collected $50,000 from the insurance company for the damage to your home, but your household furnishings were not insured. 1040nr filing Your adjusted gross income for the year the hurricane occurred is $65,000. 1040nr filing You figure your casualty loss deduction from the hurricane in the following manner. 1040nr filing 1. 1040nr filing Adjusted basis of real property (cost in this example) $164,000 2. 1040nr filing FMV of real property before hurricane $170,000 3. 1040nr filing FMV of real property after hurricane 100,000 4. 1040nr filing Decrease in FMV of real property (line 2 − line 3) $70,000 5. 1040nr filing Loss on real property (smaller of line 1 or line 4) $70,000 6. 1040nr filing Subtract insurance 50,000 7. 1040nr filing Loss on real property after reimbursement $20,000 8. 1040nr filing Loss on furnishings $600 9. 1040nr filing Subtract insurance -0- 10. 1040nr filing Loss on furnishings after reimbursement $600 11. 1040nr filing Total loss (line 7 plus line 10) $20,600 12. 1040nr filing Subtract $100 100 13. 1040nr filing Loss after $100 rule $20,500 14. 1040nr filing Subtract 10% of $65,000 AGI 6,500 15. 1040nr filing Casualty loss deduction $14,000 Property used partly for business and partly for personal purposes. 1040nr filing   When property is used partly for personal purposes and partly for business or income-producing purposes, the casualty or theft loss deduction must be figured separately for the personal-use portion and for the business or income-producing portion. 1040nr filing You must figure each loss separately because the losses attributed to these two uses are figured in two different ways. 1040nr filing When figuring each loss, allocate the total cost or basis, the FMV before and after the casualty or theft loss, and the insurance or other reimbursement between the business and personal use of the property. 1040nr filing The $100 rule and the 10% rule apply only to the casualty or theft loss on the personal-use portion of the property. 1040nr filing Example. 1040nr filing You own a building that you constructed on leased land. 1040nr filing You use half of the building for your business and you live in the other half. 1040nr filing The cost of the building was $400,000. 1040nr filing You made no further improvements or additions to it. 1040nr filing A flood in March damaged the entire building. 1040nr filing The FMV of the building was $380,000 immediately before the flood and $320,000 afterwards. 1040nr filing Your insurance company reimbursed you $40,000 for the flood damage. 1040nr filing Depreciation on the business part of the building before the flood totaled $24,000. 1040nr filing Your adjusted gross income for the year the flood occurred is $125,000. 1040nr filing You have a deductible business casualty loss of $10,000. 1040nr filing You do not have a deductible personal casualty loss because of the 10% rule. 1040nr filing You figure your loss as follows. 1040nr filing     Business   Personal     Part   Part 1. 1040nr filing Cost (total $400,000) $200,000   $200,000 2. 1040nr filing Subtract depreciation 24,000   -0- 3. 1040nr filing Adjusted basis $176,000   $200,000 4. 1040nr filing FMV before flood (total $380,000) $190,000   $190,000 5. 1040nr filing FMV after flood (total $320,000) 160,000   160,000 6. 1040nr filing Decrease in FMV  (line 4 − line 5) $30,000   $30,000 7. 1040nr filing Loss (smaller of line 3 or line 6) $30,000   $30,000 8. 1040nr filing Subtract insurance 20,000   20,000 9. 1040nr filing Loss after reimbursement $10,000   $10,000 10. 1040nr filing Subtract $100 on personal-use property -0-   100 11. 1040nr filing Loss after $100 rule $10,000   $9,900 12. 1040nr filing Subtract 10% of $125,000 AGI on personal-use property -0-   12,500 13. 1040nr filing Deductible business loss $10,000     14. 1040nr filing Deductible personal loss $-0- Figuring a Gain If you receive an insurance payment or other reimbursement that is more than your adjusted basis in the destroyed, damaged, or stolen property, you have a gain from the casualty or theft. 1040nr filing Your gain is figured as follows. 1040nr filing The amount you receive (discussed next), minus Your adjusted basis in the property at the time of the casualty or theft. 1040nr filing See Adjusted Basis , earlier, for information on adjusted basis. 1040nr filing Even if the decrease in FMV of your property is smaller than the adjusted basis of your property, use your adjusted basis to figure the gain. 1040nr filing Amount you receive. 1040nr filing   The amount you receive includes any money plus the value of any property you receive minus any expenses you have in obtaining reimbursement. 1040nr filing It also includes any reimbursement used to pay off a mortgage or other lien on the damaged, destroyed, or stolen property. 1040nr filing Example. 1040nr filing A hurricane destroyed your personal residence and the insurance company awarded you $145,000. 1040nr filing You received $140,000 in cash. 1040nr filing The remaining $5,000 was paid directly to the holder of a mortgage on the property. 1040nr filing The amount you received includes the $5,000 reimbursement paid on the mortgage. 1040nr filing Main home destroyed. 1040nr filing   If you have a gain because your main home was destroyed, you generally can exclude the gain from your income as if you had sold or exchanged your home. 1040nr filing You may be able to exclude up to $250,000 of the gain (up to $500,000 if married filing jointly). 1040nr filing To exclude a gain, you generally must have owned and lived in the property as your main home for at least 2 years during the 5-year period ending on the date it was destroyed. 1040nr filing For information on this exclusion, see Publication 523. 1040nr filing If your gain is more than the amount you can exclude, but you buy replacement property, you may be able to postpone reporting the excess gain. 1040nr filing See Postponement of Gain , later. 1040nr filing Reporting a gain. 1040nr filing   You generally must report your gain as income in the year you receive the reimbursement. 1040nr filing However, you do not have to report your gain if you meet certain requirements and choose to postpone reporting the gain according to the rules explained under Postponement of Gain, next. 1040nr filing   For information on how to report a gain, see How To Report Gains and Losses , later. 1040nr filing    If you have a casualty or theft gain on personal-use property that you choose to postpone reporting (as explained next) and you also have another casualty or theft loss on personal-use property, do not consider the gain you are postponing when figuring your casualty or theft loss deduction. 1040nr filing See 10% Rule under Deduction Limits, earlier. 1040nr filing Postponement of Gain Do not report a gain if you receive reimbursement in the form of property similar or related in service or use to the destroyed or stolen property. 1040nr filing Your basis in the new property is generally the same as your adjusted basis in the property it replaces. 1040nr filing You must ordinarily report the gain on your stolen or destroyed property if you receive money or unlike property as reimbursement. 1040nr filing However, you can choose to postpone reporting the gain if you purchase property that is similar or related in service or use to the stolen or destroyed property within a specified replacement period, discussed later. 1040nr filing You also can choose to postpone reporting the gain if you purchase a controlling interest (at least 80%) in a corporation owning property that is similar or related in service or use to the property. 1040nr filing See Controlling interest in a corporation , later. 1040nr filing If you have a gain on damaged property, you can postpone reporting the gain if you spend the reimbursement to restore the property. 1040nr filing To postpone reporting all the gain, the cost of your replacement property must be at least as much as the reimbursement you receive. 1040nr filing If the cost of the replacement property is less than the reimbursement, you must include the gain in your income up to the amount of the unspent reimbursement. 1040nr filing Example. 1040nr filing In 1970, you bought an oceanfront cottage for your personal use at a cost of $18,000. 1040nr filing You made no further improvements or additions to it. 1040nr filing When a storm destroyed the cottage this January, the cottage was worth $250,000. 1040nr filing You received $146,000 from the insurance company in March. 1040nr filing You had a gain of $128,000 ($146,000 − $18,000). 1040nr filing You spent $144,000 to rebuild the cottage. 1040nr filing Since this is less than the insurance proceeds received, you must include $2,000 ($146,000 − $144,000) in your income. 1040nr filing Buying replacement property from a related person. 1040nr filing   You cannot postpone reporting a gain from a casualty or theft if you buy the replacement property from a related person (discussed later). 1040nr filing This rule applies to the following taxpayers. 1040nr filing C corporations. 1040nr filing Partnerships in which more than 50% of the capital or profits interests is owned by C corporations. 1040nr filing All others (including individuals, partnerships — other than those in (2) — and S corporations) if the total realized gain for the tax year on all destroyed or stolen properties on which there are realized gains is more than $100,000. 1040nr filing For casualties and thefts described in (3) above, gains cannot be offset by any losses when determining whether the total gain is more than $100,000. 1040nr filing If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. 1040nr filing If the property is owned by an S corporation, the $100,000 limit applies to the S corporation and each shareholder. 1040nr filing Exception. 1040nr filing   This rule does not apply if the related person acquired the property from an unrelated person within the period of time allowed for replacing the destroyed or stolen property. 1040nr filing Related persons. 1040nr filing   Under this rule, related persons include, for example, a parent and child, a brother and sister, a corporation and an individual who owns more than 50% of its outstanding stock, and two partnerships in which the same C corporations own more than 50% of the capital or profits interests. 1040nr filing For more information on related persons, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. 1040nr filing Death of a taxpayer. 1040nr filing   If a taxpayer dies after having a gain but before buying replacement property, the gain must be reported for the year in which the decedent realized the gain. 1040nr filing The executor of the estate or the person succeeding to the funds from the casualty or theft cannot postpone reporting the gain by buying replacement property. 1040nr filing Replacement Property You must buy replacement property for the specific purpose of replacing your destroyed or stolen property. 1040nr filing Property you acquire as a gift or inheritance does not qualify. 1040nr filing You do not have to use the same funds you receive as