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Publication 547 - Main Content

Table of Contents

Casualty

A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual.

  • A sudden event is one that is swift, not gradual or progressive.

  • An unexpected event is one that is ordinarily unanticipated and unintended.

  • 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.

Deductible losses.   Deductible casualty losses can result from a number of different causes, including the following.

  • Car accidents (but see Nondeductible losses, next, for exceptions).

  • Earthquakes.

  • Fires (but see Nondeductible losses, next, for exceptions).

  • Floods.

  • Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster as discussed under Disaster Area Losses, later.

  • Mine cave-ins.

  • Shipwrecks.

  • Sonic booms.

  • Storms, including hurricanes and tornadoes.

  • Terrorist attacks.

  • Vandalism.

  • Volcanic eruptions.

Nondeductible losses.   A casualty loss is not deductible if the damage or destruction is caused by the following.

  • Accidentally breaking articles such as glassware or china under normal conditions.

  • A family pet (explained below).

  • A fire if you willfully set it, or pay someone else to set it.

  • A car accident if your willful negligence or willful act caused it. The same is true if the willful act or willful negligence of someone acting for you caused the accident.

  • Progressive deterioration (explained below).

Family pet.   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.

Example.

Your antique oriental rug was damaged by your new puppy before it was housebroken. Because the damage was not unexpected and unusual, the loss is not deductible as a casualty loss.

Progressive deterioration.   Loss of property due to progressive deterioration is not deductible as a casualty loss. This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. The following are examples of damage due to progressive deterioration.

  • The steady weakening of a building due to normal wind and weather conditions.

  • The deterioration and damage to a water heater that bursts. However, the rust and water damage to rugs and drapes caused by the bursting of a water heater does qualify as a casualty.

  • Most losses of property caused by droughts. To be deductible, a drought-related loss generally must be incurred in a trade or business or in a transaction entered into for profit.

  • Termite or moth damage.

  • The damage or destruction of trees, shrubs, or other plants by a fungus, disease, insects, worms, or similar pests. However, a sudden destruction due to an unexpected or unusual infestation of beetles or other insects may result in a casualty loss.

Theft

A theft is the taking and removing of money or property with the intent to deprive the owner of it. 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.

Theft includes the taking of money or property by the following means.

  • Blackmail.

  • Burglary.

  • Embezzlement.

  • Extortion.

  • Kidnapping for ransom.

  • Larceny.

  • Robbery.

The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law.

Decline in market value of stock.   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. 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. You report a capital loss on Schedule D (Form 1040). For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550.

Mislaid or lost property.    The simple disappearance of money or property is not a theft. 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. Sudden, unexpected, and unusual events were defined earlier.

Example.

A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. The diamond falls from the ring and is never found. The loss of the diamond is a casualty.

Loss on Deposits

A loss on deposits can occur when a bank, credit union, or other financial institution becomes insolvent or bankrupt. If you incurred this type of loss, you can choose one of the following ways to deduct the loss.

  • As a casualty loss.

  • As an ordinary loss.

  • As a nonbusiness bad debt.

Casualty loss or ordinary loss.   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. 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. 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. 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. Once you make the choice, you cannot change it without permission from the Internal Revenue Service.

  If you claim an ordinary loss, report it as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23. The maximum amount you can claim is $20,000 ($10,000 if you are married filing separately) reduced by any expected state insurance proceeds. Your loss is subject to the 2%-of-adjusted-gross-income limit. You cannot choose to claim an ordinary loss if any part of the deposit is federally insured.

Nonbusiness bad debt.   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.

How to report.   The kind of deduction you choose for your loss on deposits determines how you report your loss. See Table 1.

More information.   For more information, see Special Treatment for Losses on Deposits in Insolvent or Bankrupt Financial Institutions in the Instructions for Form 4684.

Deducted loss recovered.   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. 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. For more information, see Recoveries in Publication 525.

Proof of Loss

To deduct a casualty or theft loss, you must be able to show that there was a casualty or theft. You also must be able to support the amount you take as a deduction.

Casualty loss proof.   For a casualty loss, you should be able to show all the following.

  • The type of casualty (car accident, fire, storm, etc.) and when it occurred.

  • That the loss was a direct result of the casualty.

  • 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.

  • Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery.

Theft loss proof.   For a theft loss, you should be able to show all the following.

  • When you discovered that your property was missing.

  • That your property was stolen.

  • That you were the owner of the property.

  • Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery.

It is important that you have records that will prove your deduction. If you do not have the actual records to support your deduction, you can use other satisfactory evidence to support it.

Figuring a Loss

To determine your deduction for a casualty or theft loss, you must first figure your loss.

Table 1. Reporting Loss on Deposits

IF you choose to report the loss as a(n)...   THEN report it on...
casualty loss   Form 4684 and Schedule A
(Form 1040).
ordinary loss   Schedule A (Form 1040).
nonbusiness bad debt   Schedule D (Form 1040).

Amount of loss.   Figure the amount of your loss using the following steps.

  1. Determine your adjusted basis in the property before the casualty or theft.

  2. Determine the decrease in fair market value (FMV) of the property as a result of the casualty or theft.

  3. From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you received or expect to receive.

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.

Gain from reimbursement.   If your reimbursement is more than your adjusted basis in the property, you have a gain. This is true even if the decrease in the FMV of the property is smaller than your adjusted basis. If you have a gain, you may have to pay tax on it, or you may be able to postpone reporting the gain. See Figuring a Gain, later.

Business or income-producing property.   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. 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.   There are two ways you can deduct a casualty or theft loss of inventory, including items you hold for sale to customers.

  One way is to deduct the loss through the increase in the cost of goods sold by properly reporting your opening and closing inventories. Do not claim this loss again as a casualty or theft loss. 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.

  The other way is to deduct the loss separately. 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. Reduce the loss by the reimbursement you received. Do not include the reimbursement in gross income. 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.

Leased property.   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.

Separate computations.   Generally, if a single casualty or theft involves more than one item of property, you must figure the loss on each item separately. Then combine the losses to determine the total loss from that casualty or theft.

Exception for personal-use real property.   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. Figure the loss using the smaller of the following.

  • The decrease in FMV of the entire property.

  • The adjusted basis of the entire property.

  See Real property under Figuring the Deduction, later.

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.

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.

FMV of stolen property.   The FMV of property immediately after a theft is considered to be zero since you no longer have the property.

Example.

Several years ago, you purchased silver dollars at face value for $150. This is your adjusted basis in the property. Your silver dollars were stolen this year. The FMV of the coins was $1,000 just before they were stolen, and insurance did not cover them. Your theft loss is $150.

Recovered stolen property.   Recovered stolen property is your property that was stolen and later returned to you. 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. Use this amount to refigure your total loss for the year in which the loss was deducted.

  If your refigured loss is less than the loss you deducted, you generally have to report the difference as income in the recovery year. But report the difference only up to the amount of the loss that reduced your tax. For more information on the amount to report, see Recoveries in Publication 525.

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. However, other measures also can be used to establish certain decreases. See Appraisal and Cost of cleaning up or making repairs, next.

Appraisal.   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. The appraiser must recognize the effects of any general market decline that may occur along with the casualty. This information is needed to limit any deduction to the actual loss resulting from damage to the property.

  Several factors are important in evaluating the accuracy of an appraisal, including the following.

  • The appraiser's familiarity with your property before and after the casualty or theft.

  • The appraiser's knowledge of sales of comparable property in the area.

  • The appraiser's knowledge of conditions in the area of the casualty.

  • The appraiser's method of appraisal.

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. For more information on disasters, see Disaster Area Losses, later.
Cost of cleaning up or making repairs.   The cost of repairing damaged property is not part of a casualty loss. Neither is the cost of cleaning up after a casualty. 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.

  • The repairs are actually made.

  • The repairs are necessary to bring the property back to its condition before the casualty.

  • The amount spent for repairs is not excessive.

  • The repairs take care of the damage only.

  • The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty.

Landscaping.   The cost of restoring landscaping to its original condition after a casualty may indicate the decrease in FMV. You may be able to measure your loss by what you spend on the following.

  • Removing destroyed or damaged trees and shrubs, minus any salvage you receive.

  • Pruning and other measures taken to preserve damaged trees and shrubs.

  • Replanting necessary to restore the property to its approximate value before the casualty.

Car value.   Books issued by various automobile organizations that list your car may be useful in figuring the value of your car. 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. 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. If your car is not listed in the books, determine its value from other sources. A dealer's offer for your car as a trade-in on a new car is not usually a measure of its true value.

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.

Cost of protection.   The cost of protecting your property against a casualty or theft is not part of a casualty or theft loss. The amount you spend on insurance or to board up your house against a storm is not part of your loss. If the property is business property, these expenses are deductible as business expenses.

  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. An example would be the cost of a dike to prevent flooding.

Exception.   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).

Related expenses.   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. However, they may be deductible as business expenses if the damaged or stolen property is business property.

Replacement cost.   The cost of replacing stolen or destroyed property is not part of a casualty or theft loss.

Example.

You bought a new chair 4 years ago for $300. In April, a fire destroyed the chair. You estimate that it would cost $500 to replace it. 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. The chair was not insured. Your loss is $100, the FMV of the chair before the fire. It is not $500, the replacement cost.

Sentimental value.   Do not consider sentimental value when determining your loss. If a family portrait, heirloom, or keepsake is damaged, destroyed, or stolen, you must base your loss on its FMV.

Decline in market value of property in or near casualty area.   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. You have a loss only for actual casualty damage to your property. However, if your home is in a federally declared disaster area, see Disaster Area Losses, later.

Costs of photographs and appraisals.   Photographs taken after a casualty will be helpful in establishing the condition and value of the property after it was damaged. Photographs showing the condition of the property after it was repaired, restored, or replaced may also be helpful.

  Appraisals are used to figure the decrease in FMV because of a casualty or theft. See Appraisal , earlier, under Figuring Decrease in FMV — Items To Consider, for information about appraisals.

  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. They are expenses in determining your tax liability. You can claim these costs as a miscellaneous itemized deduction subject to the 2%-of-adjusted-gross-income limit on Schedule A (Form 1040).

Adjusted Basis

The measure of your investment in the property you own is its basis. For property you buy, your basis is usually its cost to you. 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.

Adjustments to basis.    While you own the property, various events may take place that change your basis. Some events, such as additions or permanent improvements to the property, increase basis. Others, such as earlier casualty losses and depreciation deductions, decrease basis. When you add the increases to the basis and subtract the decreases from the basis, the result is your adjusted basis. See Publication 551 for more information on figuring the basis of your property.

Insurance and Other Reimbursements

If you receive an insurance or other type of reimbursement, you must subtract the reimbursement when you figure your loss. You do not have a casualty or theft loss to the extent you are reimbursed.

If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. You must reduce your loss even if you do not receive payment until a later tax year. See Reimbursement Received After Deducting Loss, later.

Failure to file a claim for reimbursement.   If your property is covered by insurance, you must file a timely insurance claim for reimbursement of your loss. Otherwise, you cannot deduct this loss as a casualty or theft.

The portion of the loss usually not covered by insurance (for example, a deductible) is not subject to this rule.

Example.

You have a car insurance policy with a $500 deductible. Because your insurance did not cover the first $500 of an auto collision, the $500 would be deductible (subject to the $100 and 10% rules, discussed later). This is true, even if you do not file an insurance claim, because your insurance policy would never have reimbursed you for the deductible.

Types of Reimbursements

The most common type of reimbursement is an insurance payment for your stolen or damaged property. Other types of reimbursements are discussed next. Also see the Instructions for Form 4684.

Employer's emergency disaster fund.   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. Take into consideration only the amount you used to replace your destroyed or damaged property.

Example.

Your home was extensively damaged by a tornado. Your loss after reimbursement from your insurance company was $10,000. Your employer set up a disaster relief fund for its employees. Employees receiving money from the fund had to use it to rehabilitate or replace their damaged or destroyed property. You received $4,000 from the fund and spent the entire amount on repairs to your home. In figuring your casualty loss, you must reduce your unreimbursed loss ($10,000) by the $4,000 you received from your employer's fund. Your casualty loss before applying the deduction limits (discussed later) is $6,000.

Cash gifts.   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. This applies even if you use the money to pay for repairs to property damaged in the disaster.

Example.

Your home was damaged by a hurricane. Relatives and neighbors made cash gifts to you that were excludable from your income. You used part of the cash gifts to pay for repairs to your home. There were no limits or restrictions on how you could use the cash gifts. 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.

Insurance payments for living expenses.   You do not reduce your casualty loss by insurance payments you receive to cover living expenses in either of the following situations.

  • You lose the use of your main home because of a casualty.

  • Government authorities do not allow you access to your main home because of a casualty or threat of one.

Inclusion in income.   If these insurance payments are more than the temporary increase in your living expenses, you must include the excess in your income. Report this amount on Form 1040, line 21. However, if the casualty occurs in a federally declared disaster area, none of the insurance payments are taxable. See Qualified disaster relief payments , later, under Disaster Area Losses.

  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. Actual living expenses are the reasonable and necessary expenses incurred because of the loss of your main home. Generally, these expenses include the amounts you pay for the following.

  • Renting suitable housing.

  • Transportation.

  • Food.

  • Utilities.

  • Miscellaneous services.

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.

Example.

As a result of a fire, you vacated your apartment for a month and moved to a motel. You normally pay $525 a month for rent. None was charged for the month the apartment was vacated. Your motel rent for this month was $1,200. You normally pay $200 a month for food. Your food expenses for the month you lived in the motel were $400. You received $1,100 from your insurance company to cover your living expenses. You determine the payment you must include in income as follows.

1) Insurance payment for living expenses $1,100
2) Actual expenses during the month you are unable to use your home because of the fire $1,600  
3) Normal living expenses 725  
4) Temporary increase in
living expenses: Subtract line 3
from line 2 		875
5) Amount of payment includible in income: Subtract line 4 from line 1 $ 225

Tax year of inclusion.   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.

Example.

Your main home was destroyed by a tornado in August 2006. You regained use of your home in November 2007. The insurance payments you received in 2006 and 2007 were $1,500 more than the temporary increase in your living expenses during those years. You include this amount in income on your 2007 Form 1040. If, in 2008, you receive further payments to cover the living expenses you had in 2006 and 2007, you must include those payments in income on your 2008 Form 1040.

Disaster relief.   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.

Table 2. Deduction Limit Rules for Personal-Use and Employee Property

      $100 Rule 1 10% Rule2 2% Rule
General Application You must reduce each casualty or theft loss by $100 when figuring your deduction. Apply this rule to personal-use property after you have figured the amount of your loss. You must reduce your total casualty or theft loss by 10% of your adjusted gross income. Apply this rule to personal-use property after you reduce each loss by $100 (the $100 rule). You must reduce your total casualty or theft loss by 2% of your adjusted gross income. 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.
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. Apply this rule only once, even if many pieces of property are affected.
More Than One Event Apply to the loss from each event. Apply to the total of all your losses from all events. Apply 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 separately to each person. Apply separately to each person. Apply separately to each person.
Married Couple—
With Loss From the
Same Event 		Filing
Joint
Return 		Apply as if you were one person. Apply as if you were one person. Apply as if you were one person.
Filing
Separate
Return 		Apply separately to each spouse. Apply separately to each spouse. Apply separately to each spouse.
More Than One Owner
(other than a married
couple filing jointly) 		Apply separately to each owner of jointly owned property. Apply separately to each owner of jointly owned property. Apply separately to each owner of jointly owned property.
1The $100 rule does not apply if your loss arose in the Kansas disaster area or a Midwestern disaster area (defined at the beginning of this publication under What's New for 2008).
2The 10% rule does not apply if your loss arose in the Kansas disaster area or a Midwestern disaster area (defined at the beginning of this publication under What's New for 2008). It also does not apply to a net disaster loss attributable to a federally declared disaster (defined later under Disaster Area Losses).

Qualified disaster relief payments you receive for expenses you incurred as a result of a federally declared disaster, are not taxable income to you. For more information, see Qualified disaster relief payments under Disaster Area Losses, later.   Disaster unemployment assistance payments are unemployment benefits that are taxable.

  Generally, disaster relief grants received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act are not included in your income. See Federal disaster relief grants , later, under Disaster Area Losses.

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. This section explains the adjustment you may have to make.

Actual reimbursement less than expected.   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.

Example.

Your personal car had a FMV of $2,000 when it was destroyed in a collision with another car in 2007. The accident was due to the negligence of the other driver. At the end of 2007, there was a reasonable prospect that the owner of the other car would reimburse you in full. You did not have a deductible loss in 2007.

In January 2008, the court awards you a judgment of $2,000. However, in July it becomes apparent that you will be unable to collect any amount from the other driver. Since this is your only casualty or theft loss, you can deduct the loss in 2008 that is figured by applying the deduction limits (discussed later).

Actual reimbursement more than expected.   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. 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. You do not refigure your tax for the year you claimed the deduction. See Recoveries in Publication 525 to find out how much extra reimbursement to include in income.

You do not have to include the extra reimbursement in your income for the year you receive it if you make the choice discussed later under Individuals impacted by Hurricanes Katrina, Rita, and Wilma.

Example.

In 2007, a hurricane destroyed your motorboat. Your loss was $3,000, and you estimated that your insurance would cover $2,500 of it. You did not itemize deductions on your 2007 return, so you could not deduct the loss. When the insurance company reimburses you for the loss, you do not report any of the reimbursement as income. This is true even if it is for the full $3,000 because you did not deduct the loss on your 2007 return. The loss did not reduce your tax.

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. 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. Include the gain as ordinary income up to the amount of your deduction that reduced your tax for the earlier year. You may be able to postpone reporting any remaining gain as explained under Postponement of Gain, later.
Actual reimbursement same as expected.   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.

Example.

In December 2008, you had a collision while driving your personal car. Repairs to the car cost $950. You had $100 deductible collision insurance. Your insurance company agreed to reimburse you for the rest of the damage. Because you expected a reimbursement from the insurance company, you did not have a casualty loss deduction in 2008.

Due to the $100 rule, you cannot deduct the $100 you paid as the deductible. When you receive the $850 from the insurance company in 2009, do not report it as income.

Individuals impacted by Hurricanes Katrina, Rita, and Wilma.   If you claimed a casualty loss for damage to or destruction of your main home as a result of Hurricane Katrina, Rita, or Wilma, and in a later year you receive a qualified hurricane relief grant as reimbursement, you do not have to include the extra reimbursement in your income as explained earlier under Actual reimbursement more than expected. Instead, you can choose to file an amended return (Form 1040X) for the tax year in which you claimed the casualty loss deduction and reduce (but not below zero) the amount of the deduction by the amount of the grant. To qualify, the grant must have been issued under Public Law 109-148, 109-234, or 110-116. Qualified grants include the Louisiana Road Home Grant and the Mississippi Development Authority Hurricane Katrina Homeowner Grant.

Form 1040X and required attachments.   If you choose to file Form 1040X as discussed above, write “Hurricane Grant Relief” in dark, bold letters at the top of the form and attach the following items.

  • Proof of the amount of the hurricane relief grant received.

  • A completed Form 2848, Power of Attorney and Declaration of Representative, if you wish to designate a representative. (Do not attach if a valid Form 2848 is on file with the IRS.)

Do not include on Form 1040X any adjustments other than the reduction of the casualty loss deduction if the period of limitations on assessment is closed for the tax year for those adjustments.   If you previously filed an amended return for the casualty loss year that (1) reduced the previously claimed casualty loss deduction by the grant amount or (2) reported any of the grant amount as income, you must notify the IRS to receive the benefits described above. You must send the following documents to the IRS at the address given later.

  • A copy of the previously filed Form 1040X, or submit a Form 843, Claim for Refund and Request for Abatement. These forms must include your own contact information as well as a properly executed Form 2848, if applicable.

  • Copies of the original return for the year of the casualty loss deduction and any other amended returns for that year.

  • Copies of the original return and amended returns, if any, for the year you received the grant if any portion of the grant was previously reported as income in the year you received it.

You must send these documents by the date given later under When to file Form 1040X. The IRS will contact you or your representative, as appropriate, to discuss any necessary adjustments.

When to file Form 1040X.   File Form 1040X and attachments by the later of:

  • The due date for filing your tax return for the tax year in which you receive the grant (including extensions), or

  • July 30, 2009.

Solely for purposes of determining whether you are eligible for the waiver of penalties and interest for purposes of the procedure discussed here, the IRS will treat any amended return filed before July 30, 2009, as filed on July 30, 2009.

Where to file Form 1040X.   Mail Form 1040X and attachments to the following address.

Department of the Treasury
Internal Revenue Service Center
Austin, TX 73301-0255

Payment of balance due.   To avoid interest and penalties, you must pay the balance due on Form 1040X within one year of the timely filing of that form. Payments made after you file Form 1040X should clearly designate that the payment is to be applied to reduce the balance due shown on the Form 1040X per IRS Notice 2008-95. The IRS will not take action to collect the balance due reflected on Form 1040X for the one year period following the filing of Form 1040X.

Assessment of balance due.   After you file Form 1040X, the IRS immediately will assess the balance due resulting from the reduction in the casualty loss claimed. This assessment will be reflected on your account as an outstanding liability.

Deduction Limits

After you have figured your casualty or theft loss, you must figure how much of the loss you can deduct.

The deduction for casualty and theft losses of employee property and personal-use property is limited. A loss on employee property is subject to the 2% rule, discussed next. With certain exceptions, a loss on property you own for your personal use is subject to the $100 and 10% rules, discussed later. The 2%, $100, and 10% rules are also summarized in Table 2.

Losses on business property (other than employee property) and income-producing property are not subject to these rules. However, if your casualty or theft loss involved a home you used for business or rented out, your deductible loss may be limited. See the instructions for Form 4684, Section B. If the casualty or theft loss involved property used in a passive activity, see Form 8582, Passive Activity Loss Limitations, and its instructions.

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), must be reduced by 2% of your adjusted gross income. Employee property is property used in performing services as an employee.

$100 Rule

This rule does not apply if your loss arose in the Kansas disaster area or a Midwestern disaster area (as defined at the beginning of this publication under What's New for 2008).

After you have figured your casualty or theft loss on personal-use property, as discussed earlier, you must reduce that loss by $100. This reduction applies to each total casualty or theft loss. It does not matter how many pieces of property are involved in an event. Only a single $100 reduction applies.

Example.

You have $250 deductible collision insurance on your car. The car is damaged in a collision. The insurance company pays you for the damage minus the $250 deductible. The amount of the casualty loss is based solely on the deductible. The casualty loss is $150 ($250 − $100) because the first $100 of a casualty loss on personal-use property is not deductible.

Single event.   Generally, events closely related in origin cause a single casualty. 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. 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.

Example 1.

A thunderstorm destroyed your pleasure boat. You also lost some boating equipment in the storm. Your loss was $5,000 on the boat and $1,200 on the equipment. Your insurance company reimbursed you $4,500 for the damage to your boat. You had no insurance coverage on the equipment. Your casualty loss is from a single event and the $100 rule applies once. Figure your loss before applying the 10% rule (discussed later) as follows.

    Boat Equipment
1. Loss $5,000 $1,200
2. Subtract insurance 4,500 -0-
3. Loss after reimbursement $ 500 $1,200
4. Total loss $1,700
5. Subtract $100 100
6. Loss before 10% rule $1,600

Example 2.

Thieves broke into your home in January and stole a ring and a fur coat. You had a loss of $200 on the ring and $700 on the coat. This is a single theft. The $100 rule applies to the total $900 loss.

Example 3.

In September, hurricane winds blew the roof off your home. Flood waters caused by the hurricane further damaged your home and destroyed your furniture and personal car. This is considered a single casualty. The $100 rule is applied to your total loss from the flood waters and the wind.

More than one loss.   If you have more than one casualty or theft loss during your tax year, you must reduce each loss by $100.

Example.

Your family car was damaged in an accident in January. Your loss after the insurance reimbursement was $75. In February, your car was damaged in another accident. This time your loss after the insurance reimbursement was $90. Apply the $100 rule to each separate casualty loss. Since neither accident resulted in a loss of over $100, you are not entitled to any deduction for these accidents.

More than one person.   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.

Example.

A fire damaged your house and also damaged the personal property of your house guest. You must reduce your loss by $100. Your house guest must reduce his or her loss by $100.

Married taxpayers.   If you and your spouse file a joint return, you are treated as one individual in applying the $100 rule. It does not matter whether you own the property jointly or separately.

  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. This is true even if you own the property jointly. If one spouse owns the property, only that spouse can figure a loss deduction on a separate return.

  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. Neither of you can figure your deduction on the entire loss on a separate return. Each of you must reduce the loss by $100.

More than one owner.   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. 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.

10% Rule