Instructions For Form 4684 - Casualties And Thefts - 2012 Page 2

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If you have a casualty loss from a disaster
2. Any other insurance proceeds you
property equals its cost decreased by the
that occurred in an area warranting public or
receive for the home or its contents are
amount of any postponed gain.
individual assistance (or both), you can elect
treated as received for a single item of
Special Treatment for
to deduct the loss in the tax year immediately
property, and any replacement property you
prior to the tax year in which the disaster
purchase that is similar or related in service
Losses on Deposits in
occurred as long as the loss would otherwise
or use to the home or its contents is treated
Insolvent or Bankrupt
be allowed as a deduction in the tax year it
as similar or related in service or use to that
occurred.
single item of property. Therefore, you can
Financial Institutions
choose to recognize gain only to the extent
This election must be made by filing your
If you are an individual who incurred a loss
the insurance proceeds treated as received
return or amended return for the prior year,
from a deposit in a bank, credit union, or
for that single item of property exceed the
and claiming your disaster loss on it, by the
other financial institution because of the
cost of the replacement property.
later of:
bankruptcy or insolvency of that institution
3. If you choose to postpone any gain
The due date for filing your original return
and you can reasonably estimate your loss,
from the receipt of insurance or other
(without extensions) for the tax year in which
you can elect to deduct the loss as:
reimbursement for your main home or any of
the disaster actually occurred, or
A casualty loss to personal use property
its contents, the period in which you must
The due date for filing your original return
on Form 4684, or
purchase replacement property is extended
(including extensions) for the tax year
An ordinary loss (miscellaneous itemized
until 4 years after the end of the first tax year
immediately prior to the tax year in which the
deduction) on Schedule A (Form 1040),
in which any part of the gain is realized.
disaster actually occurred.
Itemized Deductions, line 23, or Form
However, the 4-year period is extended to 5
1040NR, Schedule A, Itemized Deductions,
years if your main home or any of its
You can revoke your election within 90
line 9. You cannot elect the ordinary loss
contents were located in the:
days after making it by returning to the IRS
deduction if any part of the deposits related
any refund or credit you received from the
a. Hurricane Katrina disaster area
to the loss is federally insured. The maximum
election. If you revoke your election before
(which includes the states of Alabama,
amount you can claim is $20,000 ($10,000 if
receiving a refund, you must repay the
Florida, Louisiana, and Mississippi) and that
you are married filing separately). Your
refund within 30 days after receiving it.
property was converted after August 24,
deduction is reduced by any expected state
2005, as a result of Hurricane Katrina, but
insurance proceeds and is subject to the
On line 1 of the Form 4684 on which you
only if substantially all of the use of the
2%-of-adjusted-gross-income (AGI) limit.
claim the disaster loss (or on an attachment),
replacement property is in that disaster area.
specify the date(s) of the disaster and the
If you elect to deduct the estimated loss
b. Kansas disaster area (as defined in
city, town, county or parish, and state in
as a casualty loss or as an ordinary loss, you
Pub. 4492-A) and that property was
which the damaged or destroyed property
cannot claim the same loss as a
converted after May 3, 2007, as a result of
was located.
nonbusiness bad debt. If the estimated loss
the storms or tornadoes, but only if
deducted is less than the actual loss, you
To determine the amount to deduct for a
substantially all of the use of the replacement
can claim the difference as a nonbusiness
disaster loss, you must take into account as
property is in that disaster area.
bad debt for the year in which the final
reimbursements any benefits you received or
c. Midwestern disaster areas (as
determination of the loss occurs. A
which you have a reasonable possibility of
defined in Pub. 4492-B) and that property
nonbusiness bad debt is deducted on
receiving from federal or state programs to
was converted on or after the applicable
Schedule D (Form 1040), Capital Gains and
restore your property.
disaster date as a result of severe storms,
Losses, as a short-term capital loss.
Home made unsafe by disaster. If your
tornadoes, or flooding, but only if
home was located in a disaster area and
If you are a 1% or more owner or an
substantially all of the use of the replacement
officer of the financial institution, or are
your state or local government ordered you
property is in those disaster areas.
related to any such owner or officer, you
to tear it down or move it because it was no
For details on how to postpone gain, see
longer safe to use as a home because of the
cannot deduct the loss as a casualty loss or
Pub. 547.
as an ordinary loss. See Pub. 550,
disaster, the loss in value because it is no
longer safe is treated as a disaster loss. The
Investment Income and Expenses, for the
Example. Your main home and its
order for you to tear down or move the home
definition of “related.”
contents were completely destroyed in 2012
must have been issued within 120 days after
by a tornado in a federally declared disaster
If you elect to deduct the loss as a
the area was officially declared a disaster
area. In 2012, you received insurance
casualty loss or as an ordinary loss and you
area.
proceeds of $200,000 for the home, $25,000
have more than one account in the same
for unscheduled personal property in your
For purposes of figuring the disaster loss,
financial institution, you must include all your
home, $5,000 for jewelry, and $10,000 for a
use the value of your home before you
accounts. Once you make the election, you
stamp collection. The jewelry and stamp
moved it or tore it down as its fair market
cannot change it without permission from the
collection were kept in your home and were
value after the casualty.
IRS. See Notice 89-28, 1989-1 C.B. 667, for
scheduled property on your insurance policy.
more details.
Gains Realized on Homes
No gain is recognized on the $25,000 you
received for the unscheduled personal
To elect to deduct the loss as a casualty
in Disaster Areas
property. If you reinvest the remaining
loss, complete Form 4684 as follows: On
proceeds of $215,000 in a replacement
The following rules apply if your main home
line 1, enter the name of the financial
home, any type of replacement contents
was located in an area declared by the
institution and “Insolvent Financial
(whether scheduled or unscheduled), or
President of the United States to warrant
Institution.” Skip lines 2 through 9. Enter the
both, you can elect to postpone any gain on
amount of the loss on line 10, and complete
federal assistance as the result of a disaster,
your home, jewelry, or stamp collection. If
and the home or any of its contents were
the rest of Section A.
you reinvest less than $215,000, any gain is
damaged or destroyed due to the disaster.
If, in a later year, you recover an amount
recognized only to the extent $215,000
These rules also apply to renters who
you deducted as a loss, you may have to
exceeds the amount you reinvest in a
receive insurance proceeds for damaged or
include in your income the amount recovered
replacement home, any type of replacement
destroyed property in a rented home that is
for that year. For details, see Recoveries in
contents (whether scheduled or
their main home.
Pub. 525, Taxable and Nontaxable Income.
unscheduled), or both. To postpone gain,
1. No gain is recognized on any
you must purchase the replacement property
insurance proceeds received for
before 2017. Your basis in the replacement
unscheduled personal property that was part
of the contents of the home.
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