Tom Herman for the Wall St Journal writes: Q: How do the tax rules work on deducting personal losses due to storms and other natural disasters?
—N.H., Brooklyn, N.Y.
A: Our reader is
asking about the rules for what tax experts refer to as "casualty and
theft losses." If you're a storm victim, don't be surprised if you wind
up being able to deduct little or none of your losses, thanks mainly to
two high hurdles in the law.
First, you have to reduce each casualty or theft loss by $100.
After that, you can deduct your losses
only to the extent they exceed 10% of your adjusted gross income.
That's the hurdle that trips up many victims.
If you collect insurance proceeds or other types of reimbursements
(such as an employer's emergency disaster fund), you have to subtract
those when calculating your loss. "You do not have a casualty or theft
loss to the extent you are reimbursed," the Internal Revenue Service
says in Publication 547 (available at www.irs.gov).
Despite all this, don't give up hope. Generally, you have to deduct
casualty losses only for the year in which they actually happened. But
there is a big exception to this rule that might help some victims of
recent disasters—such as the extraordinary tornadoes and storms that
ripped through Oklahoma or severe storms in Illinois.
If you have a casualty loss in a place designated as a federal
disaster area, you can deduct your losses on your federal income-tax
return for the year the loss occurred—or on your return for the prior
year.
Most taxpayers already filed their
returns for 2012. But they can take advantage of this provision by
filing an "amended" return. Use IRS Form 1040X.
For a list of federal disaster areas, go to the website of the Federal Emergency Management Agency, or FEMA.
Sunday, June 2, 2013
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