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Can I deduct Casualty or Theft Losses on my tax return?
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| Losing personal or business property due to a
casualty, i.e. fire, flood,
hurricane, or theft or other similar event is devastating, but some casualty or
theft losses can be recouped
through income tax breaks on your tax return. If you
have a casualty or theft loss, you
may be entitled to a casualty or theft loss tax deduction on your tax
return. A casualty loss is the damage, destruction, or loss of
property resulting from an identifiable event that is sudden, unexpected, or unusual in
nature. It can also be a government-ordered demolition or relocation of a home that's
unsafe because of a disaster.
Other examples of casualty
losses include car accidents, fires, and vandalism. If your
property is covered by insurance, you cannot deduct on your tax return a casualty or theft loss unless you file a timely
insurance claim for reimbursement. If insured, a claim must be filed even
if no reimbursement is expected.
Some casualty or theft losses are not
tax deductible on your IRS tax return, such as the ones below:
 | Accidental loss of a ring from your finger; |
 | A fire set on purpose by the owner; |
 | A well that goes dry; |
 | Carpet beetle damage; |
 | China plates broken by a pet; |
 | Damages to property caused by excavations on adjoining property; |
 | Damages for personal injuries or property damage to others caused by your negligence; |
 | Damage to a crop caused by plant diseases, insects, or fungi; |
 | Damage from rust or corroding of the understructure of a house; |
 | Damage to property from a government construction project; |
 | Damages to property from drought in an area where a dry spell is normal and usual; |
 | Dry rot; |
 | Engine damage caused by failing to use anti-freeze; |
 | Expenses to move to, and rent for, temporary quarters; |
 | Eye glasses or a watch dropped on the ground; |
 | Injuries from tripping over a wire; |
 | Legal expenses for defending a suit regarding your negligent operation of your personal
automobile; |
 | Legal expenses to recover personal property wrongfully seized by the police; |
 | Loss of an ill lawyers earnings; |
 | Loss of a valuable dog that strayed; |
 | Loss of a private liquor stock in an improper police seizure; |
 | Loss of a contingent interest in property because of the unexpected death of a child; |
 | Loss of jointly held property taken by the other joint tenant; |
 | Loss of luggage aboard a ship; |
 | Loss of personal property while in storage or transit; |
 | Losses from natural phenomena; |
 | Loss of trees from diseases; |
 | Money paid to a public library for a book you damaged; |
 | Moth damage; |
 | Sudden drop in the value of securities; |
 | Termite damage; |
 | Temporary fluctuations in value; |
People who suffer a casualty
or theft loss may be able to deduct on their tax return the casualty or theft loss
when they itemize tax deductions on their tax return. The amount of total casualty
or theft losses that exceed
10% of adjusted gross income (AGI), after subtracting the $100 floor for each
occurrence, maybe deducted on your tax return. It's basically a three step process:
 | Calculate the decrease in the property's fair market value, that is the
difference between the property's value immediately before and immediately after the
casualty loss. Compare this with the adjusted basis of the property. Use the lower of these two
amounts;
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 | Reduce this amount by any insurance or other reimbursements you receive
or expect to receive;
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 | Reduce this figure twice, first by $100, and then by
10% of
adjusted gross income. What's left, if anything, is tax deductible as a casualty
or theft loss on your tax return.
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| These
tax rules apply to a
casualty or theft loss of nonbusiness property. |
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$100
Rule |
10% Rule |
| Definition of Rule |
You must reduce each casualty or
theft loss by $100 when figuring your tax deduction. Apply this rule after
you reduce your loss by any reimbursement. |
You must reduce your total
casualty or theft loss by 10% of your adjusted gross income. Apply this
rule after you reduce each loss by any reimbursement and by $100 (the
$100 Rule). |
| Single Event |
Apply this rule only once, even if
many pieces of property are affected. |
Apply this rule only once, even if
many pieces of property are affected. |
| More Than One Event |
Apply this rule to the loss from each
event. |
Apply the rule to the total
of all your losses from all events. |
More Than One Person
With loss from the same event (other than a married couple filing jointly.) |
Apply the rule separately
to each person. |
Apply the rule separately
to each person. |
Married Couple
with loss from the same event:
|
Apply this rule as if you were
one person.Apply this rule separately
to each spouse. |
Apply this rule as if you were
one person.
Apply this rule separately
to each spouse. |
| Filing
joint IRS tax return Filing
separate IRS tax return
|
More Than One Owner
(other than a married couple filing jointly.) |
Apply
this rule separately to each
owner of jointly owned property. |
Apply
this rule separately to each
owner of jointly owned property. |
If the casualty loss results from a natural disaster and the
President declares your area a
disaster area, the casualty loss may be deducted on your tax return within the above limits on this year's
tax return or
on an amended tax return claiming the casualty loss for last tax year. If a casualty
loss was suffered because of a
disaster in a designated disaster area, consider amending last year's tax return.
To claim a casualty or theft loss, you must complete
Form 4684, Casualties and
Thefts, and attach it to your tax return. A nonbusiness casualty or theft loss may be
claimed only if you itemize tax deductions on Form 1040, Schedule A.
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Related tax
information about Casualty or Theft Losses |
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Declared
Disaster Areas
Involuntary Conversions
Itemized Tax Deductions Directory |
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IRS publications about
Casualty or Theft Losses:
If your loss took place in a declared disaster area, please refer to
Tax
Topic 515, Disaster Area Losses (Including Flood Losses). For additional
information, refer to Form 4684,
or Tax
Topic 507, Casualty Losses, or IRS Publication 547, Casualties,
Disasters, and Thefts (Business and Nonbusiness). If many items are involved, also
refer to IRS Publication 584, Nonbusiness
Disaster, Casualty, and Theft Workbook, and IRS Publication 334, Tax Guide for
Small Business. Also see IRS Publication 17,
Your Federal Income Tax. |
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Ask Julian Block your IRS and tax questions! |
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web you can call former IRS Special Agent and one of the country's foremost tax attorneys, nationally syndicated columnist ("The Tax
Adviser") Julian Block. Julian is also the tax Editor of Mutual Funds Magazine, America's premier investment magazine. To
call Julian for a tax consultation click
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