Deduction Limits(p7)

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.

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) or Form 1040NR, Schedule A, must be reduced by 2% of your adjusted gross income. Employee property is property used in performing services as an employee.

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.

You have $750 deductible collision insurance on your car. The car is damaged in a collision. The insurance company pays you for the damage minus the $750 deductible. The amount of the casualty loss is based solely on the deductible. The casualty loss is $650 ($750 − $100) because the first $100 of a casualty loss on personal-use property is not deductible.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

You must reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. Apply this rule after you reduce each loss by $100. The 10% rule does not apply to a disaster declared a federal disaster in tax years beginning after 2007 and that occurred before 2010, which may be deductible on your 2010 tax return. For more information, see the Form 4684 instructions. If you have both gains and losses from casualties or thefts, see Gains and losses, later in this discussion.

In June, you discovered that your house had been burglarized. Your loss after insurance reimbursement was $2,000. Your adjusted gross income for the year you discovered the theft is $29,500. Figure your theft loss as follows.

1.	Loss after insurance	$2,000
2.	Subtract $100	100
3.	Loss after $100 rule	$1,900
4.	Subtract 10% of $29,500 AGI	$2,950
5.	Theft loss deduction	$  -0-

You do not have a theft loss deduction because your loss ($1,900) is less than 10% of your adjusted gross income ($2,950).

If you have more than one casualty or theft loss during your tax year, reduce each loss by any reimbursement and by $100. Then you must reduce the total of all your losses by 10% of your adjusted gross income.

In March, you had a car accident that totally destroyed your car. You did not have collision insurance on your car, so you did not receive any insurance reimbursement. Your loss on the car was $1,800. In November, a fire damaged your basement and totally destroyed the furniture, washer, dryer, and other items you had stored there. Your loss on the basement items after reimbursement was $2,100. Your adjusted gross income for the year that the accident and fire occurred is $25,000. You figure your casualty loss deduction as follows.

		Car	Basement
1.	Loss	$1,800	$2,100
2.	Subtract $100 per incident	100	100
3.	Loss after $100 rule	$1,700	$2,000
4.	Total loss		$3,700
5.	Subtract 10% of $25,000 AGI		2,500
6.	Casualty loss deduction		$  1,200

If you and your spouse file a joint return, you are treated as one individual in applying the 10% rule. It does not matter if you own the property jointly or separately.

If you file separate returns, the 10% rule applies to each return on which a loss is claimed.

If two or more individuals (other than husband and wife filing a joint return) have a loss on property that is owned jointly, the 10% rule applies separately to each.

If you have casualty or theft gains as well as losses to personal-use property, you must compare your total gains to your total losses. Do this after you have reduced each loss by any reimbursements and by $100 but before you have reduced the losses by 10% of your adjusted gross income.

If your losses are more than your recognized gains, subtract your gains from your losses and reduce the result by 10% of your adjusted gross income. The rest, if any, is your deductible loss from personal-use property.

Your theft loss after reducing it by reimbursements and by $100 is $2,700. Your casualty gain is $700. Your loss is more than your gain, so you must reduce your $2,000 net loss ($2,700 − $700) by 10% of your adjusted gross income.

If your recognized gains are more than your losses, subtract your losses from your gains. The difference is treated as a capital gain and must be reported on Schedule D (Form 1040). The 10% rule does not apply to your gains.

Your theft loss is $600 after reducing it by reimbursements and by $100. Your casualty gain is $1,600. Because your gain is more than your loss, you must report the $1,000 net gain ($1,600 − $600) on Schedule D.

For information on how to figure recognized gains, see Figuring a Gain, later.

Generally, you must figure your loss separately for each item stolen, damaged, or destroyed. However, a special rule applies to real property you own for personal use.

In figuring a loss to real estate you own for personal use, all improvements (such as buildings and ornamental trees and the land containing the improvements) are considered together.

In June, a fire destroyed your lakeside cottage, which cost $144,800 (including $14,500 for the land) several years ago. (Your land was not damaged.) This was your only casualty or theft loss for the year. The FMV of the property immediately before the fire was $180,000 ($145,000 for the cottage and $35,000 for the land). The FMV immediately after the fire was $35,000 (value of the land). You collected $130,000 from the insurance company. Your adjusted gross income for the year the fire occurred is $80,000. Your deduction for the casualty loss is $6,700, figured in the following manner.

1.	Adjusted basis of the entire property (cost in this example)	$144,800
2.	FMV of entire property before fire	$180,000
3.	FMV of entire property after fire	35,000
4.	Decrease in FMV of entire property (line 2 − line 3)	$145,000
5.	Loss (smaller of line 1 or line 4)	$144,800
6.	Subtract insurance	130,000
7.	Loss after reimbursement	$14,800
8.	Subtract $100	100
9.	Loss after $100 rule	$14,700
10.	Subtract 10% of $80,000 AGI	8,000
11.	Casualty loss deduction	$ 6,700

You bought your home a few years ago. You paid $150,000 ($10,000 for the land and $140,000 for the house). You also spent an additional $2,000 for landscaping. This year a fire destroyed your home. The fire also damaged the shrubbery and trees in your yard. The fire was your only casualty or theft loss this year. Competent appraisers valued the property as a whole at $175,000 before the fire, but only $50,000 after the fire. Shortly after the fire, the insurance company paid you $95,000 for the loss. Your adjusted gross income for this year is $70,000. You figure your casualty loss deduction as follows.

1.	Adjusted basis of the entire property (cost of land, building, and landscaping)	$152,000
2.	FMV of entire property before fire	$175,000
3.	FMV of entire property after fire	50,000
4.	Decrease in FMV of entire property (line 2 − line 3)	$125,000
5.	Loss (smaller of line 1 or line 4)	$125,000
6.	Subtract insurance	95,000
7.	Loss after reimbursement	$30,000
8.	Subtract $100	100
9.	Loss after $100 rule	$29,900
10.	Subtract 10% of $70,000 AGI	7,000
11.	Casualty loss deduction	$ 22,900

Personal property is generally any property that is not real property. If your personal property is stolen or is damaged or destroyed by a casualty, you must figure your loss separately for each item of property. Then combine these separate losses to figure the total loss. Reduce the total loss by $100 and 10% of your adjusted gross income to figure the loss deduction.

In August, a storm destroyed your pleasure boat, which cost $18,500. This was your only casualty or theft loss for the year. Its FMV immediately before the storm was $17,000. You had no insurance, but were able to salvage the motor of the boat and sell it for $200. Your adjusted gross income for the year the casualty occurred is $70,000.

Although the motor was sold separately, it is part of the boat and not a separate item of property. You figure your casualty loss deduction as follows.

1.	Adjusted basis (cost in this example)	$18,500
2.	FMV before storm	$17,000
3.	FMV after storm	200
4.	Decrease in FMV (line 2 − line 3)	$16,800
5.	Loss (smaller of line 1 or line 4)	$16,800
6.	Subtract insurance	-0-
7.	Loss after reimbursement	$16,800
8.	Subtract $100	100
9.	Loss after $100 rule	$16,700
10.	Subtract 10% of $70,000 AGI	7,000
11.	Casualty loss deduction	$ 9,700

In June, you were involved in an auto accident that totally destroyed your personal car and your antique pocket watch. You had bought the car for $30,000. The FMV of the car just before the accident was $17,500. Its FMV just after the accident was $180 (scrap value). Your insurance company reimbursed you $16,000.

Your watch was not insured. You had purchased it for $250. Its FMV just before the accident was $500. Your adjusted gross income for the year the accident occurred is $97,000. Your casualty loss deduction is zero, figured as follows.

		Car	Watch
1.	Adjusted basis (cost)	$30,000	$250
2.	FMV before accident	$17,500	$500
3.	FMV after accident	180	-0-
4.	Decrease in FMV (line 2 − line 3)	$17,320	$500
5.	Loss (smaller of line 1 or line 4)	$17,320	$250
6.	Subtract insurance	16,000	-0-
7.	Loss after reimbursement	$1,320	$250
8.	Total loss		$1,570
9.	Subtract $100		100
10.	Loss after $100 rule		$1,470
11.	Subtract 10% of $97,000 AGI		9,700
12.	Casualty loss deduction		$   -0-

When a casualty involves both real and personal properties, you must figure the loss separately for each type of property. However, you apply a single $100 reduction to the total loss. Then, you apply the 10% rule to figure the casualty loss deduction.

In July, a hurricane damaged your home, which cost you $164,000 including land. The FMV of the property (both building and land) immediately before the storm was $170,000 and its FMV immediately after the storm was $100,000. Your household furnishings were also damaged. You separately figured the loss on each damaged household item and arrived at a total loss of $600.

You collected $50,000 from the insurance company for the damage to your home, but your household furnishings were not insured. Your adjusted gross income for the year the hurricane occurred is $65,000. You figure your casualty loss deduction from the hurricane in the following manner.

1.	Adjusted basis of real property (cost in this example)	$164,000
2.	FMV of real property before hurricane	$170,000
3.	FMV of real property after hurricane	100,000
4.	Decrease in FMV of real property (line 2 − line 3)	$70,000
5.	Loss on real property (smaller of line 1 or line 4)	$70,000
6.	Subtract insurance	50,000
7.	Loss on real property after reimbursement	$20,000
8.	Loss on furnishings	$600
9.	Subtract insurance	-0-
10.	Loss on furnishings after reimbursement	$600
11.	Total loss (line 7 plus line 10)	$20,600
12.	Subtract $100	100
13.	Loss after $100 rule	$20,500
14.	Subtract 10% of $65,000 AGI	6,500
15.	Casualty loss deduction	$ 14,000

When property is used partly for personal purposes and partly for business or income-producing purposes, the casualty or theft loss deduction must be figured separately for the personal-use portion and for the business or income-producing portion. You must figure each loss separately because the losses attributed to these two uses are figured in two different ways. When figuring each loss, allocate the total cost or basis, the FMV before and after the casualty or theft loss, and the insurance or other reimbursement between the business and personal use of the property. The $100 rule and the 10% rule apply only to the casualty or theft loss on the personal-use portion of the property.

You own a building that you constructed on leased land. You use half of the building for your business and you live in the other half. The cost of the building was $400,000. You made no further improvements or additions to it.

A flood in March damaged the entire building. The FMV of the building was $380,000 immediately before the flood and $320,000 afterwards. Your insurance company reimbursed you $40,000 for the flood damage. Depreciation on the business part of the building before the flood totaled $24,000. Your adjusted gross income for the year the flood occurred is $125,000.

You have a deductible business casualty loss of $10,000. You do not have a deductible personal casualty loss because of the 10% rule. You figure your loss as follows.

		Business		Personal
		Part		Part
1.	Cost (total $400,000)	$200,000		$200,000
2.	Subtract depreciation	24,000		-0-
3.	Adjusted basis	$176,000		$200,000
4.	FMV before flood (total $380,000)	$190,000		$190,000
5.	FMV after flood (total $320,000)	160,000		160,000
6.	Decrease in FMV (line 4 − line 5)	$30,000		$30,000
7.	Loss (smaller of line 3 or line 6)	$30,000		$30,000
8.	Subtract insurance	20,000		20,000
9.	Loss after reimbursement	$10,000		$10,000
10.	Subtract $100 on personal-use property	-0-		100
11.	Loss after $100 rule	$10,000		$9,900
12.	Subtract 10% of $125,000 AGI on personal-use property	-0-		12,500
13.	Deductible business loss	$10,000
14.	Deductible personal loss			$    -0-