taxmap/pubs/p547-000.htm#en_us_publink1000225183taxmap/pubs/p547-000.htm#en_us_publink1000225188Decrease in personal casualty and theft loss limit.(p1)
Each personal casualty or theft loss is limited to the excess
of the loss over $100. In addition, the 10%-of-AGI limit continues to apply to
the net loss.
taxmap/pubs/p547-000.htm#en_us_publink1000251032Damage from corrosive drywall.(p1)
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
Special Procedure for Damage From Corrosive Drywall later.
taxmap/pubs/p547-000.htm#en_us_publink1000225189Disaster losses.(p1)
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 are subject to the $100-per-loss limit. The special
rules do apply to a loss you are deducting in 2010 from a disaster that was
declared a federal disaster in tax years beginning after 2007 and that occurred
before 2010. For details, see the Form 4684 instructions.
taxmap/pubs/p547-000.htm#en_us_publink1000225191Photographs of missing children.(p1)
The Internal Revenue Service is a proud partner with the National
Center for Missing and Exploited Children. Photographs of missing children
selected by the Center may appear in this publication on pages that would
otherwise be blank. You can help bring these children home by looking at the
photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a
child.
This publication explains the tax treatment of casualties, thefts,
and losses on deposits. A casualty occurs when your property is damaged as a
result of a disaster such as a storm, fire, car accident, or similar event. A
theft occurs when someone steals your property. A loss on deposits occurs when
your financial institution becomes insolvent or bankrupt.
This publication discusses the following topics.
- Definitions of a casualty, theft, and loss on deposits.
- How to figure the amount of your gain or loss.
- How to treat insurance and other reimbursements you receive.
- The deduction limits.
- When and how to report a casualty or theft.
- The special rules for disaster area losses.
taxmap/pubs/p547-000.htm#en_us_publink1000225192Generally, when you have a casualty or theft, you have to file
Form 4684. You may also have to file one or more of the following forms.
- Schedule A (Form 1040).
- Form 1040NR, Schedule A (for nonresident aliens).
- Schedule D (Form 1040).
- Schedule L (Form 1040A or 1040).
- Form 4797.
For details on which form to use, see
How To Report Gains and Losses, later.
taxmap/pubs/p547-000.htm#en_us_publink1000225194For information on condemnations of property, see
Involuntary Conversions in chapter 1 of Publication 544.
taxmap/pubs/p547-000.htm#en_us_publink1000225195Publication 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 and its contents, and your
motor vehicles.
Publication 584-B is available to help you make a list of your
stolen or damaged business or income-producing property and figure your loss.
taxmap/pubs/p547-000.htm#en_us_publink1000225196We welcome your comments about this publication and your suggestions
for future editions.
You can write to us at the following address:
Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
We respond to many letters by telephone. Therefore, it would
be helpful if you would include your daytime phone number, including the area
code, in your correspondence.
You can email us at
*taxforms@irs.gov. (The asterisk must be included in the address.) Please put
"Publications Comment" on the subject line. You can also send us comments from
www.irs.gov/formspubs, select "Comment on Tax Forms and Publications" under "Information
about."
Although we cannot respond individually to each comment received,
we do appreciate your feedback and will consider your comments as we revise our
tax products.
taxmap/pubs/p547-000.htm#en_us_publink1000225197Visit
www.irs.gov/formspubs
to download forms and publications, call 1-800-829-3676, or write to the address
below and receive a response within 10 days after your request is received.
Internal Revenue Service
1201 N. Mitsubishi Motorway
Bloomington, IL 61705-6613 taxmap/pubs/p547-000.htm#en_us_publink1000225198If you have a tax question, check the information available on
IRS.gov or call 1-800-829-1040. We cannot answer tax questions sent to either of
the above addresses.
taxmap/pubs/p547-000.htm#TXMP57f59e21Useful items
You may want to see:
Publication 523 Selling Your Home 525 Taxable and Nontaxable Income 550 Investment Income and Expenses 551 Basis of Assets 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property) 584-B Business Casualty, Disaster, and
Theft Loss Workbook Form (and Instructions) Schedule A (Form 1040):
Itemized Deductions Form 1040NR, Schedule A:
Itemized Deductions (for nonresident aliens) Schedule D (Form 1040):
Capital Gains and Losses Schedule L (Form 1040A or 1040):
Standard Deduction for Certain Filers 4684:
Casualties and Thefts 4797:
Sales of Business Property See
How To Get Tax Help
near the end of this publication for information about getting publications and
forms.
taxmap/pubs/p547-000.htm#en_us_publink1000225200A 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/pubs/p547-000.htm#en_us_publink1000225201Deductible 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.
taxmap/pubs/p547-000.htm#en_us_publink1000225204A 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).
taxmap/pubs/p547-000.htm#en_us_publink1000225205Loss 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/pubs/p547-000.htm#en_us_publink1000225206Your 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/pubs/p547-000.htm#en_us_publink1000225207Loss 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.
taxmap/pubs/p547-000.htm#en_us_publink1000251014Under a special procedure, you can deduct the amounts you paid
to repair damage to your home and household appliances due to corrosive drywall.
Under this procedure, you treat the amounts paid for repairs as a casualty loss
in the year of payment. For example, amounts you paid for repairs in 2010 are
deductible on your 2010 tax return and amounts you paid for repairs in 2009 are
deductible on your 2009 tax return.
Note.If you paid for any repairs before 2010 and you choose to follow
this special procedure, you can amend your return for the earlier year by filing
Form 1040X, Amended U.S. Individual Income Tax Return, and attaching a completed
Form 4684 for the appropriate year. Form 4684 for the appropriate year can be
found at IRS.gov. Generally, Form 1040X must be filed within 3 years after the
date the original return was filed or within 2 years after the date the tax was
paid, whichever is later.
taxmap/pubs/p547-000.htm#en_us_publink1000251020For purposes of this special procedure, "corrosive drywall" means
drywall that is identified as problem drywall under the two-step identification
method published by the Consumer Product Safety Commission (CPSC) and the
Department of Housing and Urban Development (HUD) in their interim guidance
dated January 28, 2010, as revised by the CPSC and HUD. The revised
identification guidance and remediation guidelines are available at
www.cpsc.gov/info/drywall/index.html. taxmap/pubs/p547-000.htm#en_us_publink1000251021If you choose to follow this special procedure, complete Form
4684, Section A, according to the instructions below. The IRS will not challenge
your treatment of damage resulting from corrosive drywall as a casualty loss if
you determine and report the loss as explained below.
taxmap/pubs/p547-000.htm#en_us_publink1000251022Enter "Revenue Procedure 2010-36".
taxmap/pubs/p547-000.htm#en_us_publink1000251023Enter the information required by the line 1 instructions.
taxmap/pubs/p547-000.htm#en_us_publink1000251024Skip this line.
taxmap/pubs/p547-000.htm#en_us_publink1000251025Enter the amount of insurance or other reimbursements you received
(including through litigation). If none, enter -0-.
taxmap/pubs/p547-000.htm#en_us_publink1000251026Skip these lines.
taxmap/pubs/p547-000.htm#en_us_publink1000251027Enter the amount you paid to repair the damage to your home and
household appliances due to corrosive drywall. Enter only the amounts you paid
to restore your home to the condition existing immediately before the damage. Do
not enter any amounts you paid for improvements or additions that increased the
value of your home above its pre-loss value. If you replaced a household
appliance instead of repairing it, enter the lesser of:
- The current cost to replace the original appliance, or
- The basis of the original appliance (generally its cost).
taxmap/pubs/p547-000.htm#en_us_publink1000251028If line 8 is more than line 3, do one of the following.
- If you have a pending claim for reimbursement (or you intend
to pursue reimbursement), enter 75% of the difference between lines 3 and 8.
- If item (1) does not apply to you, enter the full amount of
the difference between lines 3 and 8.
If line 8 is less than or equal to line 3, you cannot claim
a casualty loss deduction using this special procedure.
 | If you have a pending claim for reimbursement (or you intend
to pursue reimbursement), you may have income or an additional deduction in a
later tax year depending on the actual amount of reimbursement received. See
Reimbursement Received After Deducting Loss
, later. |
taxmap/pubs/p547-000.htm#en_us_publink1000251030Complete these lines according to the instructions for Form 4684.
taxmap/pubs/p547-000.htm#en_us_publink1000251031If you choose
not
to follow this special procedure, you are subject to all of the provisions that
apply to the deductibility of casualty losses, and you must complete lines
1–9 according to the instructions for Form 4684. This means, for example,
that you must establish that the damage, destruction, or loss of property
resulted from an identifiable event as defined earlier under
Casualty. Furthermore, you must have proof that shows the following.