If a natural disaster damages your property, you have
undergone a casualty loss, which can be deductible as an itemized deduction on
your federal income tax return.
As a rule of thumb, to be considered a casualty loss,
it must be caused by an "Act of God". Simple wear and tear over time
does not count. One type of casualty loss is damage to property caused by
earthquakes and fires. You may take a deduction for casualty losses only to the
extent that the loss is not covered by insurance.
You can deduct only the amount of the loss that
exceeds 10% of your adjusted gross income (AGI) for the year. A one-time $100
deduction applies for the year.
Example: Your home is damaged by an earthquake. Your
home has a $50,000 reduction in fair market value, but your adjusted cost basis
was $20,000. Therefore, now the lower limit is $20,000. Your earthquake
insurance covers $10,000 of the damage. The unpaid part of your claim is
$10,000. Subtracting the $100, you end up with $9,900. If your AGI is $45,000,
10% is $4,500. You can deduct the portion of your loss above the $4,500, so you
subtract that number from $9,900. Your total deduction is $5,400.
Where your disaster loss exceeds your current income,
you may carry back the excess loss three years to get refunds of prior years'
federal tax payments. If you still have some unused loss, you may carry it
forward for up to 15 years.
What happens if you do not repair or replace the
damage? You are entitled to the deduction when the loss occurs. You do not have
to fix the damage to claim tax deductions.
Casualty losses are always deductible in the year the
casualty occurred. However, if you have a casualty loss from a federally
declared disaster, you have another option: You can treat the loss as having
occurred in the prior year, and deduct it on your return or amended return for
that tax year. This way, you can get a quick tax refund.
For your records, you will need to have the following:
► Documents showing that you owned each asset
you claimed was damaged or
destroyed—for example, a deed or receipt.
► Contracts or purchase receipts showing the
original cost of the item, plus any
improvements you made to it.
► An appraiser can determine the value before
and after the earthquake and subtract
the two; the difference is your disaster loss.
This road to recovery also applies to storm, fire and
theft damages. It will lead to a less painful recovery by allowing the
government to help pay for the costs of repair and/or replacement.
ABOUT THE AUTHOR: Eugene E. Vollucci, is considered to be one of the foremost
authorities on real estate taxation and investing and has authored books in these
fields published by John Wiley & Sons of New York. He is the Director of
the Center for RE Studies, a real estate research organization. To learn more
about the Center, please visit our web site at http://www.calstatecompanies.com
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