Publication 17
taxmap/pub17/p17-133.htm#en_us_publink1000173520taxmap/pub17/p17-133.htm#en_us_publink1000190732Decrease in personal casualty and theft loss limit.(p166)
Each personal casualty or theft loss is limited to the excess
of the loss over $100 (instead of $500). In addition, the 10%-of-AGI limit
continues to apply to the net loss.
taxmap/pub17/p17-133.htm#en_us_publink1000250848Damage from corrosive drywall.(p166)
Under a special procedure, you may be able to claim a casualty
loss deduction for amounts you paid to repair damage to your home and household
appliances that resulted from corrosive drywall. For details, see Publication
547.
taxmap/pub17/p17-133.htm#en_us_publink1000190733Disaster losses.(p166)
The special rules that were in effect in 2008 and 2009 for losses
of personal use property attributable to federally declared disasters do not
apply to losses occurring in 2010 and later years. Instead, these losses are
subject to the 10%-of-AGI limit and are deductible only if you itemize your
deductions. These losses continue to be subject to the $100-per-loss limit.
 | At the time this publication went to print, Congress was
considering legislation that would do the following.
- Increase the personal casualty and theft loss limit to
the excess of the loss over $500 (instead of $100).
- In the case of federally declared disaster area losses
occurring in 2010, the net disaster loss would be exempt from the
10%-of-adjusted-gross-income limit and be deductible even if you do not itemize
your deductions.
To find out whether the legislation has been enacted, go
to
IRS.gov. |
taxmap/pub17/p17-133.htm#TXMP23018267This chapter explains the tax treatment of personal (not business
or investment related) casualty losses, theft losses, and losses on deposits.
The chapter also explains the following
topics.
- How to figure the amount of your loss.
- How to treat insurance and other reimbursements you receive.
- The deduction limits.
- When and how to report a casualty or theft.
taxmap/pub17/p17-133.htm#en_us_publink1000173527
When you have a casualty or theft, you have to file Form 4684. You will also
have to file one or more of the following forms.
- Schedule A (Form 1040), Itemized Deductions
- Schedule D (Form 1040), Capital Gains and Losses
- Schedule L (Form 1040A or 1040), Standard Deduction for Certain
Filers
taxmap/pub17/p17-133.htm#en_us_publink1000173528For information on condemnations of property, see
Involuntary Conversions
in chapter 1 of Publication 544.
taxmap/pub17/p17-133.htm#en_us_publink1000173529
Publication 584 is available to help you make a list of your stolen or damaged
personal-use property and figure your loss. It includes schedules to help you
figure the loss on your home, its contents, and your motor vehicles.
taxmap/pub17/p17-133.htm#en_us_publink1000173530For information on a casualty or theft loss of business or income-producing
property, see Publication 547.
taxmap/pub17/p17-133.htm#TXMP76634fecUseful items
You may want to see:
Publication 544 Sales and Other Dispositions
of Assets 547 Casualties, Disasters, and
Thefts 584 Casualty, Disaster, and Theft
Loss Workbook (Personal-Use
Property) Form (and Instructions) Schedule A (Form 1040):
Itemized Deductions Schedule D (Form 1040):
Capital Gains and Losses Schedule L (Form 1040A or 1040):
Standard Deduction for Certain Filers 4684:
Casualties and Thefts taxmap/pub17/p17-133.htm#en_us_publink1000173531
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.
taxmap/pub17/p17-133.htm#en_us_publink1000173532Deductible 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
in Publication 547.
- Mine cave-ins.
- Shipwrecks.
- Sonic booms.
- Storms, including hurricanes and tornadoes.
- Terrorist attacks.
- Vandalism.
- Volcanic eruptions.
taxmap/pub17/p17-133.htm#en_us_publink1000173535A 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 later).
taxmap/pub17/p17-133.htm#en_us_publink1000173536Loss 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.
taxmap/pub17/p17-133.htm#en_us_publink1000173537Your 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.
taxmap/pub17/p17-133.htm#en_us_publink1000173538
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.