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The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 1 hr., 12 min. Learning about the law or the form 10 min. Preparing the form 58 min. Copying, assembling, and sending the form to the IRS 35 min.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 1 hr., 12 min. Learning about the law or the form 10 min. Preparing the form 58 min. Copying, assembling, and sending the form to the IRS 35 min.
Droits d'auteur :
Attribution Non-Commercial (BY-NC)
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Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 1 hr., 12 min. Learning about the law or the form 10 min. Preparing the form 58 min. Copying, assembling, and sending the form to the IRS 35 min.
Droits d'auteur :
Attribution Non-Commercial (BY-NC)
Formats disponibles
Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
General Instructions Costs for protection against future
casualties are not deductible but should Section A and the business part in Section B. Paperwork Reduction Act Notice be capitalized as permanent improvements. An example would be the Additional Information We ask for the information on this form to carry out the Internal Revenue laws of cost of a levee to stop flooding. Get the following publications for more the United States. You are required to information: Gain on Reimbursement Pub. 225, Farmer’s Tax Guide. give us the information. We need it to ensure that you are complying with If the amount you receive in insurance or Pub. 525, Taxable and Nontaxable these laws and to allow us to figure and other reimbursement is more than the Income. collect the right amount of tax. cost or other basis of the property, you have a gain. If you have a gain, you may Pub. 529, Miscellaneous Deductions. The time needed to complete and file have to pay tax on it, or you may be Pub. 534, Depreciation. this form will vary depending on able to postpone reporting the gain. individual circumstances. The estimated Pub. 547, Nonbusiness Disasters, average time is: Do not report the gain on damaged, Casualties, and Thefts. destroyed, or stolen property if you Pub. 550, Investment Income and Recordkeeping 1 hr., 12 min. receive property that is similar or related Expenses. Learning about the to it in service or use. Your basis for the law or the form 10 min. Pub. 551, Basis of Assets. new property is the same as your basis Preparing the form 58 min. for the old property. Pub. 584, Nonbusiness Disaster, Casualty, and Theft Loss Workbook. Copying, assembling, and Generally, you must report the gain if sending the form to the IRS 35 min. you receive unlike property or money as When To Deduct a Loss If you have comments concerning the reimbursement. But you can choose to Deduct the part of your casualty or theft accuracy of these time estimates or postpone all or part of the gain if, within loss that is not reimbursable. Deduct it suggestions for making this form more 2 years of the end of the first tax year in in the tax year the casualty occurred or simple, we would be happy to hear from which any part of the gain is realized, the theft was discovered. However, a you. You can write to both the IRS and you purchase: disaster loss and a loss from deposits in the Office of Management and Budget 1. Property similar or related in service insolvent or bankrupt financial at the addresses listed in the or use to the damaged, destroyed, or institutions may be treated differently. instructions for the tax return with which stolen property, or See Disaster Losses below, and this form is filed. 2. A controlling interest (at least 80%) Special Treatment for Losses on in a corporation owning such property. Deposits in Insolvent or Bankrupt Purpose of Form Financial Institutions on page 2. To postpone all of the gain, the cost of Form 4684 is used to report gains and the replacement property must be equal If you are not sure whether part of losses from casualties and thefts. If you to or more than the reimbursement you your casualty or theft loss will be had a gain or loss from a casualty or received for your property. If the cost of reimbursed, do not deduct that part until theft, you must use Form 4684 to figure the replacement property is less than the the tax year when you are reasonably the amount to report. Attach Form 4684 reimbursement received, you must report certain that it will not be reimbursed. to your tax return. the gain to the extent the reimbursement If you are reimbursed for a loss you Deductible Losses exceeds the cost of the replacement deducted in an earlier year, include the property. reimbursement in your income in the You may deduct losses from fire, storm, shipwreck, or other casualty, or theft (for For details on how to postpone the year you received it, but only to the example, larceny, embezzlement, and gain, get Pub. 334, Tax Guide for Small extent the deduction reduced your tax in robbery). Business. an earlier year. If your property is covered by See Pub. 547 for special rules on Which Sections To Complete when to deduct losses from casualties insurance, you must file a timely Section A, page 1, is for figuring insurance claim for reimbursement of and thefts to leased property. casualty or theft gains and losses to your loss. Otherwise, you cannot deduct property that is not used in a trade or Disaster Losses the loss as a casualty or theft loss. business or for income-producing However, the portion of the loss that is A disaster loss is a loss that occurred in purposes. an area determined by the President of not covered by insurance is still deductible. Section B, page 2, is for figuring the United States to warrant Federal casualty or theft gains and losses to disaster assistance. Related expenses.—The related property that is used in a trade or expenses you have due to a casualty or If your home was located in a disaster business or for income-producing area and your state or local government theft, such as expenses for the purposes. treatment of personal injuries or for the ordered you to tear it down or move it rental of a car, are not deductible as If property is partly used in a trade or because it was no longer safe to use as casualty or theft losses. business, and partly for personal a home, the loss in value because it is purposes, such as a personal home with no longer safe is treated as a disaster a rental unit, figure the personal part in loss. The order for you to tear down or
Cat. No. 12998Z
move the home must have been issued related to any such owner or officer, you If you expect to be reimbursed, but within 120 days after the area was cannot deduct the loss as a casualty have not yet received payment, you officially declared a disaster area. loss or as an ordinary loss. See Pub. must still enter the expected Use the value of your home before 550 for the definition of “related.” reimbursement from the loss. If, in a you moved it or tore it down as its fair You cannot choose the ordinary loss later tax year, you determine with market value after the casualty for deduction if any part of the deposits reasonable certainty that you will not be purposes of figuring the disaster loss. related to the loss is federally insured. reimbursed for all or part of the loss, you can deduct for that year the amount of You may elect to deduct a disaster If you decide to deduct the loss as a the loss that is not reimbursed. loss in the prior tax year as long as the casualty loss or as an ordinary loss and loss would otherwise be allowed as a you have more than one account in the Kinds of reimbursements.—Insurance deduction in the year it occurred. same financial institution, you must is the most common way to be include all your accounts. Once you reimbursed for a casualty or theft loss, This election must be made by filing make the choice, you cannot change it but if: your return or amended return for the prior year, and claiming your disaster without permission from the IRS. ● Part of a Federal disaster loan under loss on it, by the later of the following To choose to deduct the loss as a the Disaster Relief Act is forgiven, the two dates: casualty loss, complete Form 4684 as part you do not have to pay back is follows: On line 1, show the name of the considered a reimbursement. 1. The due date for filing your original return (without extensions) for the tax financial institution and write “Insolvent ● The person who leases your property year in which the disaster actually Financial Institution.” Skip lines 2 must make repairs or must repay you for occurred. through 9. Enter the amount of the loss any part of a loss, the repayment and on line 10, and complete the rest of the cost of the repairs are considered 2. The due date for filing your original Section A. reimbursements. return (including extensions) for the tax year immediately before the tax year in If, in a later year, you recover an ● A court awards you damages for a which the disaster actually occurred. amount you deducted as a loss, you casualty or theft loss, the amount you may have to include in your income the are able to collect, minus lawyers’ fees You may revoke your election within amount recovered for that year. For and other necessary expenses, is a 90 days after making it by returning to details, see Recoveries in Pub. 525. reimbursement. the Internal Revenue Service any refund or credit you received from the election. ● You accept repairs, restoration, or If you revoke your election before Specific Instructions cleanup services provided by relief agencies, it is considered a receiving a refund, you must repay the refund within 30 days after receiving it. reimbursement. Section A—Personal Use The return claiming the disaster loss ● A bonding company pays you for a should specify the date(s) of the disaster Property theft loss, the payment is also and the city, town, county, and state in Use a separate column for lines 1 considered a reimbursement. which the damaged or destroyed through 9 to show each item lost or Lump-sum reimbursement.—If you property was located. damaged from a single casualty or theft. have a casualty or theft loss of several If more than four items were lost or assets at the same time and you receive Note: To deter mine the amount to damaged, use additional sheets a lump-sum reimbursement, you must deduct for a disaster loss, you must take following the format of lines 1 through 9. divide the amount you receive among into account as reimbursements any benefits you received from Federal or Use a separate Form 4684 through the assets according to the fair market state programs to restore your property. line 12 for each different casualty or value of each asset at the time of the theft occurrence involving property not loss. Special Treatment for Losses on used in a trade or business or for Grants, gifts, and other payments.— Deposits in Insolvent or Bankrupt income-producing purposes. Grants and other payments you receive Financial Institutions Do not include any loss previously to help you after a casualty are If you are an individual who incurred a deducted on an estate tax return. considered reimbursement only if they loss from a deposit in a bank, credit If you are liable for casualty or theft are specifically designated to repair or union, or other financial institution losses to property you lease from replace your property. Such payments, if because it became insolvent or someone else, see Pub. 547. so designated, will reduce your casualty bankrupt, and you can reasonably Line 2.—Cost or other basis usually loss deduction. If there are no conditions estimate your loss, you can choose to means original cost plus improvements. on how you have to use the money you deduct the loss as: Subtract any postponed gain from the receive, it is not a reimbursement. ● A casualty loss to personal use sale of a previous main home. Special Use and occupancy insurance.—If property on Form 4684, or rules apply to property received as a gift insurance reimburses you for your loss or inheritance. of business income, it does not reduce ● An ordinary loss (miscellaneous Line 3.—Enter on this line the amount of your casualty or theft loss. The itemized deduction) on Schedule A insurance or other reimbursement you reimbursement is income, however, and (Form 1040), line 20. The maximum received or expect to receive for each is taxed in the same manner as your amount you can claim is $20,000 property. Include on this line your business income. ($10,000 if you are married filing separately). Your deduction is reduced insurance coverage, whether or not you Line 4.—Even though you cannot by any expected state insurance are submitting a claim for deduct a loss for any part of a casualty proceeds and is subject to the 2% limit. reimbursement. For example, your car or theft for which you did not claim worth $2,000 is totally destroyed in a reimbursement to which you are entitled, If you choose, you can wait until the collision. You are insured with a $500 you cannot realize a gain from a year of final determination of the actual deductible, but decide not to report it to reimbursement you did not claim. loss and treat that amount as a your insurance company because you Therefore, in figuring a gain on line 4, nonbusiness bad debt. A nonbusiness are afraid the insurance company will subtract your cost or other basis in the bad debt is deducted on Schedule D cancel your policy. In this case, enter property (line 2) only from the amount of (Form 1040) as a short-term capital loss. $1,500 on this line. reimbursement you actually received. If you are a 1% or more owner, an Enter the result on line 4, but do not officer of the financial institution, or enter less than zero. If you filed a claim Page 2 for reimbursement but did not receive it net short-term gain or loss on your example, if casualty damage occurs to until after the year of the casualty or Schedule D. Combine your long-term both a building and to trees on the same theft, see Pub. 547 for information on gains with your long-term losses and piece of real estate, measure the loss how to report the reimbursement. enter the net long-term gain or loss on separately for the building and for the Lines 5 and 6.—Fair market value is the your Schedule D. In both cases, write trees. price at which the property would “Form 4684, Section A.” Line 26.—If you have business or change hands between a willing buyer The holding period for long-term gains income-producing property that is and a willing seller, each having a and losses is more than one year. For completely lost (becomes totally knowledge of the relevant facts. The short-term gains and losses it is one worthless) because of a casualty or difference between the fair market value year or less. To figure the holding period, theft, figure your loss without taking into immediately before the casualty or theft begin counting on the day after you account any decrease in fair market and the fair market value immediately received the property and include the value. after represents the decrease in fair day the casualty or theft occurred. Line 28.—If the amount on line 28 market value because of the casualty or Line 17.—Estates and trusts figure includes losses on property held one theft. adjusted gross income in the same way year or less, and on property held for The fair market value of property after as individuals, except that the costs of more than one year, you must allocate a theft is zero if the property is not administration are allowed in figuring the amount between lines 29 and 34 recovered. adjusted gross income. according to how long you held each Fair market value is generally property. Enter on line 29 all gains and determined by competent appraisal. The Section B—Business and losses to property held one year or less. appraiser’s knowledge of sales of Enter on line 34 all gains and losses to Income-Producing Property property held more than one year, comparable property about the same time as the casualty or theft, knowledge Use a separate column of Part I, lines 19 except as provided in the instructions for of your property before and after the through 27, to show each item lost or line 33 below. occurrence, and the methods of damaged from a single casualty or theft. Part II, Column (a).—Use a separate determining fair market value are If more than four items were lost or line for each different casualty or theft. important elements in proving your loss. damaged, use additional sheets following the format of Part I, lines 19 Part II, Column (b)(i).—Enter the part of The appraised value of property through 27. line 28 from trade, business, rental, or immediately after the casualty must be royalty property (other than property you adjusted (increased) for the effects of Use a separate Section B, Part I, of used in performing services as an any general market decline that may Form 4684 for each different casualty or employee). Enter in column (b)(ii) the part occur at the same time as the casualty theft occurrence involving property used of line 28 from property you used in or theft. For example, the value of all in a trade or business or for performing services as an employee. nearby property may become depressed income-producing purposes. Use one Section B, Part II, to combine all Part II, Column (b)(ii).—Enter the part of because it is in an area where such line 28 from income-producing property occurrences are commonplace. This Sections B, Part I. and from property you used in general decline in market value is not For details on the treatment of performing services as an employee. part of the property’s decrease in fair casualties or thefts to business or Income-producing property is property market value as a result of the casualty income-producing property, including held for investment, such as stocks, or theft. rules on the loss of inventory through notes, bonds, gold, silver, vacant lots, Replacement cost or the cost of casualty or theft, see Pub. 334. and works of art. repairs is not necessarily fair market Note: A gain or loss from a casualty or Line 31.—If Form 4797, Sales of value. However, you may be able to use theft of property used in a passive Business Property, is not otherwise the cost of repairs to the damaged activity is not taken into account in required, enter the amount from this line property as evidence of loss in value if: determining the loss from a passive on page 1 of your tax return, on the line ● The repairs are necessary to restore activity unless losses similar in cause identified as from Form 4797. Write the property to the condition it was in and sever ity recur regularly in the “Form 4684.” immediately before the casualty; activity. See Form 8582, Passive Activity Loss Limitations, for details. Line 32.—Estates and trusts, enter on ● The amount spent for repairs is not the “Other deductions” line of your tax excessive; Line 20.—Cost or adjusted basis usually return. Partnerships, enter on Form means original cost plus improvements, 1065, Schedule K, line 11. ● The repairs only correct the damage minus depreciation allowed or allowable caused by the casualty; and S corporations, enter on Form 1120S, (including any section 179 expense Schedule K, line 10. Write “Form 4684.” ● The value of the property after the deduction), amortization, depletion, etc. repairs is not, as a result of the repairs, Special rules apply to property received Line 33.—If you had a casualty or theft more than the value of the property as a gift or inheritance. See Pub. 551 for gain from certain trade, business, or immediately before the casualty. details. income-producing property held more than one year, you may have to To figure a casualty loss to real estate Line 21.—See the instructions for line 3. recapture part or all of the gain as not used in a trade, business, or for Line 22.—See the instructions for line 4. ordinary income. See the instructions for income-producing purposes, measure Lines 23 and 24.—See the instructions Form 4797, Part III, for more information the decrease in value of the property as for lines 5 and 6 for details on on the types of property subject to a whole. All improvements, such as determining fair market value. recapture. If recapture applies, complete buildings, trees, and shrubs, are Loss on each item figured Form 4797, Part III, and this line, instead considered together as one item. Figure separately.—Unlike a casualty loss to of Form 4684, line 34. the loss separately for other items. For example, figure the loss separately for personal use real estate, in which all Line 38a.—Taxpayers, other than each piece of furniture. improvements are considered one item, partnerships and S corporations, if Form a casualty loss to business or 4797 is not otherwise required, enter the Line 15.—If there is a net gain on this income-producing property must be amount from this line on page 1 of your line, combine your short-term gains with figured separately for each item. For tax return, on the line identified as from your short-term losses, and enter the Form 4797. Write “Form 4684.”