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File 2010 Tax Return Late

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File 2010 Tax Return Late

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