As Discussed In GREATER DETAIL Below

Taxpayers are often unaware of the way the tax laws treat property damage they sustain and loss they incur from natural disasters, such as the recent hurricanes across Texas, Florida, and Puerto Rico. Many taxpayers will also be surprised to discover that, in situations where insurance proceeds or other recoveries exceed the tax basis of the damaged property, they may end up with a casualty gain actually.

While casualty increases may be taxable, there are a number of rules that can be used to defer or even completely avoid tax on these gains in certain situations. Elect to deduct the casualty reduction on an original or amended come back for the tax or immediately preceding the catastrophe (e.g., 2016 for victims of Hurricanes Harvey and Irma). Your best option will depend on a taxpayer’s individual filing position, taxable income, and other deductions available in each tax year.

Claiming a disaster loss in the entire year before the casualty event occurred will typically lead to an expedited taxes refund, which recipients may use to cover some immediate rebuilding and repair expenditures. However, deducting losing in the year where it actually occurred may be more favorable if the taxpayer expects to be in an increased tax bracket for the year.

The IRS usually provides taxpayers affected by federally announced disasters with some taxes relief. The modified basis in the house prior to the event (which are generally the owner’s original cost to obtain the property, plus closing costs, and capitalized improvements, minus depreciation deductions, previously received insurance and other reimbursements and earlier casualty loss deductions). 100 per casualty event.

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100 and ten percent rules. Rather, determining these deficits requires taxpayers to subtract any insurance proceeds or other forms of reimbursement they receive (or expect to receive), as well as any salvage value from the property’s altered basis before the casualty event. Insurance proceeds that taxpayers get for covered loss generally reduce the amount of casualty loss deductions they may declare. However, this isn’t usually the situation when taxpayers receive insurance payments to pay bills that derive from a loss of use of their primary home or when government authorities disallow access to their homes.

Disaster-related assistance that taxpayers get in the form of food, medical supplies, and other forms of assistance typically do not reduce the amount of casualty loss, unless they may be replacements for lost or damaged property. Qualified disaster relief payments, grants, and mitigation payments (e.g., obligations received under the Robert T. Stanford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act) are generally excludable from gross income.

Taxpayers who recover quantities that they deducted as casualty deficits in previous years must record those recovery quantities as gross income in the entire year of receipt. However, this applies only to the extent that the original casualty-loss deduction actually reduced the taxpayer’s tax in the year in which it was reported.

If the amount of the future-year recovery is greater than the amount of the initial casualty reduction deduction, the taxpayer must generally reduce the basis in the house by the amount of the excess. Additionally, if a required basis reduction exceeds the taxpayer’s staying basis in the house, the taxpayer might understand a taxable gain. As discussed in more detail below, some or all of this gain might be excluded or deferred under other provisions of the tax code.

Property owners have two options for identifying the FMV before and soon after a casualty event. They may hire a professional and skilled appraiser who’ll evaluate the affected property in comparison to other similar properties. The appraiser should take into consideration the consequences of any general market drop that may occur combined with the casualty in order to limit the casualty loss deduction to the real loss caused by damage to the property. The value of the property after the repairs is not, due to the repairs, more than its value immediately before the casualty.

Taxpayers who’ve insurance must file a well-timed formal claim with their insurance providers, regardless of whether or not it places them vulnerable to increased rates or fallen coverage in the foreseeable future. It is strongly recommended that taxpayers expecting to claim casualty losses take photos and/or videos of damaged property (e.g., roofs, windows, landscaping, fences, testing, etc.) as quickly as possible after incurring a loss.