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1040x forms online Publication 557 - Additional Material Table of Contents Appendix. 1040x forms online Sample Articles of Organization, continued Organization Reference Chart Section of 1986 Code Description of organization General nature of activities Application  Form Annual return required to be  filed Contributions  allowable 501(c)(1) Corporations Organized under Act of Congress (including Federal Credit Unions) Instrumentalities of the  United States No Form None Yes, if made for exclusively public purposes 501(c)(2) Title Holding Corporation For Exempt Organization Holding title to property of an  exempt organization 1024 9901 or 990-EZ8 No2 501(c)(3) Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations Activities of nature implied by description of class of organization 1023 9901 or 990-EZ8, or 990-PF Yes, generally 501(c)(4) Civic Leagues, Social Welfare Organizations, and Local Associations of Employees Promotion of community welfare; charitable, educational, or recreational 1024 9901 or 990-EZ8 No, generally 2, 3 501(c)(5) Labor, Agricultural, and Horticultural Organizations Educational or instructive, the  purpose being to improve conditions of work, and to improve products of efficiency 1024 9901 or 990-EZ8 No2 501(c)(6) Business Leagues, Chambers of Commerce, Real Estate Boards, etc. 1040x forms online Improvement of business  conditions of one or more lines of business 1024 9901 or 990-EZ8 No2 501(c)(7) Social and Recreational Clubs Pleasure, recreation, social activities 1024 9901 or 990-EZ8 No2 501(c)(8) Fraternal Beneficiary Societies  and Associations Lodge providing for payment of life, sickness, accident or other benefits  to members 1024 9901 or 990-EZ8 Yes, if for certain Sec. 1040x forms online 501(c)(3) purposes 501(c)(9) Voluntary Employees Beneficiary Associations Providing for payment of life, sickness, accident, or other benefits to members 1024 9901 or 990-EZ8 No2 501(c)(10) Domestic Fraternal Societies  and Associations Lodge devoting its net earnings to charitable, fraternal, and other  specified purposes. 1040x forms online No life, sickness, or accident benefits to members 1024 9901 or 990-EZ8 Yes, if for certain Sec. 1040x forms online 501(c)(3) purposes 501(c)(11) Teachers' Retirement Fund Associations Teachers' association for payment of retirement benefits Letter6 9901 or 990-EZ8 No2 501(c)(12) Benevolent Life Insurance Associations, Mutual Ditch or  Irrigation Companies, Mutual or Cooperative Telephone Companies, etc. 1040x forms online Activities of a mutually beneficial  nature similar to those implied by the description of class of organization 1024 9901 or 990-EZ8 No2 501(c)(13) Cemetery Companies Burials and incidental activities 1024 9901 or 990-EZ8 Yes, generally 501(c)(14) State-Chartered Credit Unions,  Mutual Reserve Funds Loans to members Letter6 9901 or 990-EZ8 No2 501(c)(15) Mutual Insurance Companies or Associations Providing insurance to members substantially at cost 1024 9901 or 990-EZ8 No2 501(c)(16) Cooperative Organizations to  Finance Crop Operations Financing crop operations in  conjunction with activities of a marketing  or purchasing association Form 1120-C6 9901 or 990-EZ8 No2 501(c)(17) Supplemental Unemployment  Benefit Trusts Provides for payment of  supplemental unemployment compensation benefits 1024 9901 or 990-EZ8 No2 501(c)(18) Employee Funded Pension Trust (created before June 25, 1959) Payment of benefits under a  pension plan funded by employees Letter6 9901 or 990-EZ8 No2 501(c)(19) Post or Organization of Past or  Present Members of the Armed Forces Activities implied by nature of organization 1024 9901 or 990-EZ8 No, generally7 501(c)(21) Black Lung Benefit Trusts Funded by coal mine operators to satisfy their liability for disability or  death due to black lung diseases Letter6 990-BL No4 501(c)(22) Withdrawal Liability Payment Fund To provide funds to meet the  liability of employers withdrawing from  a multi-employer pension fund Letter6 9901 or 990-EZ8 No5 501(c)(23) Veterans' Organization (created before 1880) To provide insurance and other  benefits to veterans Letter6 9901 or 990-EZ8 No, generally7 501(c)(25) Title Holding Corporations or Trusts with Multiple Parent Corporations Holding title and paying over  income from property to 35 or fewer parents or beneficiaries 1024 9901 or 990-EZ8 No 501(c)(26) State-Sponsored Organization Providing Health Coverage for High-Risk Individuals Provides health care coverage to high-risk individuals Letter6 9901 or 990-EZ8 No 501(c)(27) State-Sponsored Workers' Compensation Reinsurance Organization Reimburses members for losses  under workers' compensation acts Letter6 9901 or 990-EZ8 No 501(c)(28) National Railroad Retirement Investment Trust Manages and invests the assets of the Railroad Retirement Account No Form 99011 No11 501(c)(29) CO-OP health insurance issuers A qualified health insurance issuer which has received a loan or grant under the CO-OP program Letter and Form 871814 9901 No13 501(d) Religious and Apostolic Associations Regular business activities;  Communal religious community No Form 10659 No2 501(e) Cooperative Hospital Service Organizations Performs cooperative services for hospitals 1023 9901 or 990-EZ8 Yes 501(f) Cooperative Service Organizations  of Operating Educational Organizations Performs collective investment  services for educational organizations 1023 9901 or 990-EZ8 Yes 501(k) Child Care Organizations Provides care for children 1023 9901 or 990-EZ8 Yes 501(n) Charitable Risk Pools Pools certain insurance risks of sec. 1040x forms online 501(c)(3) organizations 1023 9901 or 990-EZ8 Yes 501(q) Credit Counseling Organization Credit counseling services 1023 102312 No 521(a) Farmers' Cooperative Associations Cooperative marketing and  purchasing for agricultural procedures 1028 1120-C No 527 Political organizations A party, committee, fund,  association, etc. 1040x forms online , that directly or indirectly accepts contributions or makes expenditures for political campaigns 8871 1120-POL10 9901 or 990-EZ8 No 1For exceptions to the filing requirement, see chapter 2 and the form instructions. 1040x forms online Note: For annual tax periods beginning after 2006, most tax-exempt organizations, other than churches, are required to file an annual Form 990, 990-EZ, or 990-PF with the IRS or to submit an annual electronic notice, Form 990-N (e-Postcard), to the IRS. 1040x forms online Tax-exempt organizations failing to file an annual return or submit an annual notice as required for 3 consecutive years will automatically lose their tax-exempt status. 1040x forms online    2An organization exempt under a subsection of section 501 other than 501(c)(3) can establish a charitable fund, contributions to which are deductible. 1040x forms online Such a fund must itself meet the requirements of section 501(c)(3) and the related notice requirements of section 508(a). 1040x forms online    3Contributions to volunteer fire companies and similar organizations are deductible, but only if made for exclusively public purposes. 1040x forms online    4Deductible as a business expense to the extent allowed by section 192. 1040x forms online    5Deductible as a business expense to the extent allowed by section 194A. 1040x forms online 6Application is by letter to the address shown on Form 8718. 1040x forms online A copy of the organizing document should be attached and the letter should be signed by an officer. 1040x forms online    7Contributions to these organizations are deductible only if 90% or more of the organization's members are war veterans. 1040x forms online    8For limits on the use of Form 990-EZ, see chapter 2 and the general instructions for Form 990-EZ (or Form 990). 1040x forms online    9Although the organization files a partnership return, all distributions are deemed dividends. 1040x forms online The members are not entitled to pass through treatment of the organization's income or expenses. 1040x forms online    10Form 1120-POL is required only if the organization has taxable income as defined in section 527(c). 1040x forms online    11Only required to annually file so much of the Form 990 that relates to the names and addresses of the officers, directors, trustees, and key employees, and their titles, compensation, and hours devoted to their positions (Part VII of Form 990), and to complete Item I in the Heading of Form 990 to confirm its tax-exempt status under section 501(c)(28). 1040x forms online    12See section 501(q) if the organization provides credit counseling services and seeks recognition of exemption under section 501(c)(4). 1040x forms online Use Form 1024 if applying for recognition under section 501(c)(4). 1040x forms online    13See section 501(c)(29) for details. 1040x forms online    14See Revenue Procedure 2012-11, sec. 1040x forms online 4. 1040x forms online 01, 2012-7 I. 1040x forms online R. 1040x forms online B. 1040x forms online 368, for details. 1040x forms online Appendix. 1040x forms online Sample Articles of Organization The following are examples of Articles of Incorporation (Draft A) and a declaration of trust (Draft B) that contain the required information as to purposes and powers of an organization and disposition of its assets upon dissolution. 1040x forms online You should bear in mind that requirements for these instruments may vary under applicable state law. 1040x forms online See Private Foundations and Public Charities , earlier for the special provisions required in a private foundation's governing instrument in order for it to qualify for exemption. 1040x forms online DRAFT A  Articles of Incorporation of the undersigned, a majority of whom are citizens of the United States, desiring to form a Non-Profit Corporation under the Non-Profit Corporation Law of , do hereby certify: First: The name of the Corporation shall be . 1040x forms online Second: The place in this state where the principal office of the Corporation is to be located is the City of , County. 1040x forms online Third: Said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. 1040x forms online Fourth: The names and addresses of the persons who are the initial trustees of the corporation are as follows: Name , Address Fifth: No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Third hereof. 1040x forms online No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. 1040x forms online Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code. 1040x forms online   If reference to federal law in articles of incorporation imposes a limitation that is invalid in your state, you may wish to substitute the following for the last sentence of the preceding paragraph: “Notwithstanding any other provision of these articles, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation. 1040x forms online ” Sixth: Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. 1040x forms online Any such assets not so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. 1040x forms online   In witness whereof, we have hereunto subscribed our names this day of , 20. 1040x forms online Appendix. 1040x forms online Sample Articles of Organization, continued Draft B The Charitable Trust. 1040x forms online Declaration of Trust made as of the day of , 20 , by , of , and , of , who hereby declare and agree that they have received this day from , as Donor, the sum of Ten Dollars ($10) and that they will hold and manage the same, and any additions to it, in trust, as follows: First: This trust shall be called “The Charitable Trust. 1040x forms online ” Second: The trustees may receive and accept property, whether real, personal, or mixed, by way of gift, bequest, or devise, from any person, firm, trust, or corporation, to be held, administered, and disposed of in accordance with and pursuant to the provisions of this Declaration of Trust; but no gift, bequest, or devise of any such property shall be received and accepted if it is conditioned or limited in such manner as to require the disposition of the income or its principal to any person or organization other than a “charitable organization” or for other than “charitable purposes” within the meaning of such terms as defined in Article Third of this Declaration of Trust, or as shall, in the opinion of the trustees, jeopardize the federal income tax exemption of this trust pursuant to section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. 1040x forms online Third: a) The principal and income of all property received and accepted by the trustees to be administered under this Declaration of Trust shall be held in trust by them, and the trustees may make payments or distributions from income or principal, or both, to or for the use of such charitable organizations, within the meaning of that term as defined in paragraph C, in such amounts and for such charitable purposes of the trust as the trustees shall from time to time select and determine; and the trustees may make payments or distributions from income or principal, or both, directly for such charitable purposes, within the meaning of that term as defined in paragraph D, in such amounts as the trustees shall from time to time select and determine without making use of any other charitable organization. 1040x forms online The trustees may also make payments or distributions of all or any part of the income or principal to states, territories, or possessions of the United States, any political subdivision of any of the foregoing, or to the United States or the District of Columbia but only for charitable purposes within the meaning of that term as defined in paragraph D. 1040x forms online Income or principal derived from contributions by corporations shall be distributed by the trustees for use solely within the United States or its possessions. 1040x forms online No part of the net earnings of this trust shall inure or be payable to or for the benefit of any private shareholder or individual, and no substantial part of the activities of this trust shall be the carrying on of propaganda, or otherwise attempting to influence legislation. 1040x forms online No part of the activities of this trust shall be the participation in, or intervention in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. 1040x forms online b) The trust shall continue forever unless the trustees terminate it and distribute all of the principal and income, which action may be taken by the trustees in their discretion at any time. 1040x forms online On such termination, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. 1040x forms online The donor authorizes and empowers the trustees to form and organize a nonprofit corporation limited to the uses and purposes provided for in this Declaration of Trust, such corporation to be organized under the laws of any state or under the laws of the United States as may be determined by the trustees; such corporation when organized to have power to administer and control the affairs and property and to carry out the uses, objects, and purposes of this trust. 1040x forms online Upon the creation and organization of such corporation, the trustees are authorized and empowered to convey, transfer, and deliver to such corporation all the property and assets to which this trust may be or become entitled. 1040x forms online The charter, bylaws, and other provisions for the organization and management of such corporation and its affairs and property shall be such as the trustees shall determine, consistent with the provisions of this paragraph. 1040x forms online c) In this Declaration of Trust and in any amendments to it, references to “charitable organizations” or “charitable organization” mean corporations, trusts, funds, foundations, or community chests created or organized in the United States or in any of its possessions, whether under the laws of the United States, any state or territory, the District of Columbia, or any possession of the United States, organized and operated exclusively for charitable purposes, no part of the net earnings of which inures or is payable to or for the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation, and which do not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office. 1040x forms online It is intended that the organization described in this paragraph C shall be entitled to exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. 1040x forms online d) In this Declaration of Trust and in any amendments to it, the term “charitable purposes” shall be limited to and shall include only religious, charitable, scientific, literary, or educational purposes within the meaning of those terms as used in section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, but only such purposes as also constitute public charitable purposes under the law of trusts of the State of. 1040x forms online Fourth: This Declaration of Trust may be amended at any time or times by written instrument or instruments signed and sealed by the trustees, and acknowledged by any of the trustees, provided that no amendment shall authorize the trustees to conduct the affairs of this trust in any manner or for any purpose contrary to the provisions of section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code. 1040x forms online An amendment of the provisions of this Article Fourth (or any amendment to it) shall be valid only if and to the extent that such amendment further restricts the trustees' amending power. 1040x forms online All instruments amending this Declaration of Trust shall be noted upon or kept attached to the executed original of this Declaration of Trust held by the trustees. 1040x forms online Fifth: Any trustee under this Declaration of Trust may, by written instrument, signed and acknowledged, resign his office. 1040x forms online The number of trustees shall be at all times not less than two, and whenever for any reason the number is reduced to one, there shall be, and at any other time there may be, appointed one or more additional trustees. 1040x forms online Appointments shall be made by the trustee or trustees for the time in office by written instruments signed and acknowledged. 1040x forms online Any succeeding or additional trustee shall, upon his or her acceptance of the office by written instrument signed and acknowledged, have the same powers, rights, and duties, and the same title to the trust estate jointly with the surviving or remaining trustee or trustees as if originally appointed. 1040x forms online  None of the trustees shall be required to furnish any bond or surety. 1040x forms online None of them shall be responsible or liable for the acts or omissions of any other of the trustees or of any predecessor or of a custodian, agent, depositary, or counsel selected with reasonable care. 1040x forms online  The one or more trustees, whether original or successor, for the time being in office, shall have full authority to act even though one or more vacancies may exist. 1040x forms online A trustee may, by appropriate written instrument, delegate all or any part of his or her powers to another or others of the trustees for such periods and subject to such conditions as such delegating trustee may determine. 1040x forms online  The trustees serving under this Declaration of Trust are authorized to pay to themselves amounts for reasonable expenses incurred and reasonable compensation for services rendered in the administration of this trust, but in no event shall any trustee who has made a contribution to this trust ever receive any compensation thereafter. 1040x forms online Sixth: In extension and not in limitation of the common law and statutory powers of trustees and other powers granted in this Declaration of Trust, the trustees shall have the following discretionary powers. 1040x forms online a) To invest and reinvest the principal and income of the trust in such property, real, personal, or mixed, and in such manner as they shall deem proper, and from time to time to change investments as they shall deem advisable; to invest in or retain any stocks, shares, bonds, notes, obligations, or personal or real property (including without limitation any interests in or obligations of any corporation, association, business trust, investment trust, common trust fund, or investment company) although some or all of the property so acquired or retained is of a kind or size which but for this express authority would not be considered proper and although all of the trust funds are invested in the securities of one company. 1040x forms online No principal or income, however, shall be loaned, directly or indirectly, to any trustee or to anyone else, corporate or otherwise, who has at any time made a contribution to this trust, nor to anyone except on the basis of an adequate interest charge and with adequate security. 1040x forms online b) To sell, lease, or exchange any personal, mixed, or real property, at public auction or by private contract, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the trust property, as they consider advisable, whether or not such leases or contracts may extend beyond the duration of the trust. 1040x forms online c) To borrow money for such periods, at such rates of interest, and upon such terms as the trustees consider advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or personal property, subject to any mortgage or pledge on or of property acquired or held by this trust. 1040x forms online d) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which they engage. 1040x forms online e) To vote, to give proxies, to participate in the reorganization, merger, or consolidation of any concern, or in the sale, lease, disposition, or distribution of its assets; to join with other security holders in acting through a committee, depositary, voting trustees, or otherwise, and in this connection to delegate authority to such committee, depositary, or trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. 1040x forms online f) To employ a bank or trust company as custodian of any funds or securities and to delegate to it such powers as they deem appropriate; to hold trust property without indication of fiduciary capacity but only in the name of a registered nominee, provided the trust property is at all times identified as such on the books of the trust; to keep any or all of the trust property or funds in any place or places in the United States of America; to employ clerks, accountants, investment counsel, investment agents, and any special services, and to pay the reasonable compensation and expenses of all such services in addition to the compensation of the trustees. 1040x forms online Seventh: The trustees' powers are exercisable solely in the fiduciary capacity consistent with and in furtherance of the charitable purposes of this trust as specified in Article Third and not otherwise. 1040x forms online Eighth: In this Declaration of Trust and in any amendment to it, references to “trustees” mean the one or more trustees, whether original or successor, for the time being in office. 1040x forms online Ninth: Any person may rely on a copy, certified by a notary public, of the executed original of this Declaration of Trust held by the trustees, and of any of the notations on it and writings attached to it, as fully as he might rely on the original documents themselves. 1040x forms online Any such person may rely fully on any statements of fact certified by anyone who appears from such original documents or from such certified copy to be a trustee under this Declaration of Trust. 1040x forms online No one dealing with the trustees need inquire concerning the validity of anything the trustees purport to do. 1040x forms online No one dealing with the trustees need see to the application of anything paid or transferred to or upon the order of the trustees of the trust. 1040x forms online Tenth: This Declaration of Trust is to be governed in all respects by the laws of the State of . 1040x forms online Trustee Trustee Prev  Up  Next   Home   More Online Publications
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Contact My Local Office in Florida

Face-to-face Tax Help

IRS Taxpayer Assistance Centers (TACs) are your source for personal tax help when you believe your tax issue can only be handled face-to-face. No appointment is necessary.

Keep in mind, many questions can be resolved online without waiting in line. Through IRS.gov you can:
• Set up a payment plan.
• Get a transcript of your tax return.
• Make a payment.
• Check on your refund.
• Find answers to many of your tax questions.

We are now referring all requests for tax return preparation services to other available resources. You can take advantage of free tax preparation through Free File, Free File Fillable Forms or through a volunteer site in your community. To find the nearest volunteer site location or to get more information about Free File, go to the top of the page and enter “Free Tax Help” in the Search box.

If you have a tax account issues and feel that it requires talking with someone face-to-face, visit your local TAC.

Caution:  Many of our offices are located in Federal Office Buildings. These buildings may not allow visitors to bring in cell phones with camera capabilities.

Multilingual assistance is available in every office. Hours of operation are subject to change.

Before visiting your local office click on "Services Provided" in the chart below to see what services are available. Services are limited and not all services are available at every TAC office and may vary from site to site. You can get these services on a walk-in basis.

City Street Address Days/Hours of Service Telephone*
Daytona Beach/
Holly Hill
149 S. Ridgewood Ave
Daytona Beach, FL 32114

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.)

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(386) 254-7360
Fort Myers 4210 Metro Parkway
Ft Myers, FL 33916

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(239) 938-7601
Gainesville 104 N. Main St.
Gainesville, FL 32601

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.)

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**


Services Provided

(352) 395-6197
Jacksonville 400 West Bay St.
Jacksonville, FL 32202

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(904) 665-1040
Lakeland 2133 Harden Blvd
Lakeland, FL 33803

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.)

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(863) 904-3399
Maitland/Orlando 850 Trafalgar Ct.
Maitland, FL 32751

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(407) 660-5830
Melbourne 431 N. Wickham Road
Melbourne, FL 32935

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.)

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(321) 253-7700
 
Miami 51 S.W. First Ave.
Miami, FL 33130

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(305) 982-5077
Ocala 3300 SW 34th Ave
Ocala, FL. 34474

Monday-Friday - 8:30 a.m.-4:30 p.m.
 

Services Provided

(352) 401-0010 
Panama City  651-F West 14th St.
Panama City, FL 32401 

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.) 

 

Services Provided

(850)481-4016
 
Pensacola  7180 9th Ave North
Pensacola, FL. 32504 

Monday-Friday - 8:30 a.m.-4:30 p.m.
 

Services Provided

(850) 435-8468
 
Plantation/
Fort Lauderdale 
7850 S.W. 6th Court
Plantation, FL 33324 

Monday-Friday - 8:30 a.m.-4:30 p.m.


Services Provided

(954) 423-7300 
Port St. Lucie  7410 South US Hwy. 1
Port St. Lucie, FL 34952 

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(772) 340-5606 
Saint Petersburg  9450 Koger Blvd.
Saint Petersburg, FL 33702 

Monday-Friday - 8:30 a.m.-4:30 p.m.  

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**
 

Services Provided

(727) 568-2459 
Sarasota 5971 Cattle Ridge Blvd.
Sarasota, FL 34232

Monday-Friday - 8:30 a.m.-4:30 p.m. 

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**


Services Provided

(941) 378-6448
Tallahassee   1211 Governor's Square Blvd.
Tallahassee, FL 32301

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 12:00 noon - 1:00 p.m.) 

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**


Services Provided

(850) 942-8995 
Tampa 3848 W. Columbus Dr. 
Tampa, FL 33607

Monday-Friday - 8:30 a.m.-4:30 p.m. 

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**
 

Services Provided

(813) 348-1831
West Palm Beach  1700 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401 

Monday-Friday - 8:30 a.m.-4:30 p.m.

 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**
 

Services Provided

(561) 616-2002 

* Note: The phone numbers in the chart above are not toll-free for all locations. When you call, you will reach a recorded business message with information about office hours, locations and services provided in that office. If face-to-face assistance is not a priority for you, you may also get help with IRS letters or resolve tax account issues by phone, toll free at 1-800-829-1040 (individuals) or 1-800-829-4933 (businesses).

For information on where to file your tax return please see Where to File Addresses.

The Taxpayer Advocate Service: Within Florida call:

 Jacksonville  (904) 665-1000
 Plantation  (954) 423-7677

 Call 1-877-777-4778 elsewhere, or see  Publication 1546, The Taxpayer Advocate Service of the IRS. For further information, see Tax Topic 104.

Partnerships

IRS and organizations all over the country are partnering to assist taxpayers. Through these partnerships, organizations are also achieving their own goals. These mutually beneficial partnerships are strengthening outreach efforts and bringing education and assistance to millions.

For more information about these programs for individuals and families, contact the Stakeholder Partnerships, Education and Communication Office at:

Internal Revenue Service
400 West Bay Street, Stop 1200
Jacksonville, FL 32202

Internal Revenue Service
7850 SW 6th Court, Stop 6030
Plantation, FL 33324

Internal Revenue Service
9450 Koger Blvd, Room 101
St. Petersburg, FL 33702

For more information about these programs for businesses, your local Stakeholder Liaison office establishes relationships with organizations representing small business and self-employed taxpayers. They provide information about the policies, practices and procedures the IRS uses to ensure compliance with the tax laws. To establish a relationship with us, use this list to find a contact in your state:

Stakeholder Liaison (SL) Phone Numbers for Organizations Representing Small Businesses and Self-employed Taxpayers.

Page Last Reviewed or Updated: 28-Mar-2014

The 1040x Forms Online

1040x forms online 25. 1040x forms online   Nonbusiness Casualty and Theft Losses Table of Contents What's New Introduction Useful Items - You may want to see: CasualtyFamily pet. 1040x forms online Progressive deterioration. 1040x forms online Damage from corrosive drywall. 1040x forms online Theft Loss on Deposits Proof of Loss Figuring a LossDecrease in Fair Market Value Adjusted Basis Insurance and Other Reimbursements Single Casualty on Multiple Properties Deduction Limits$100 Rule 10% Rule When To Report Gains and LossesDisaster Area Loss How To Report Gains and Losses What's New New Section C of Form 4684 for Ponzi-type investment schemes. 1040x forms online  Section C of Form 4684 is new for 2013. 1040x forms online You must complete Section C if you are claiming a theft loss deduction due to a Ponzi-type investment scheme and are using Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58. 1040x forms online Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. 1040x forms online You do not need to complete Appendix A. 1040x forms online For details, see Losses from Ponzi-type investment schemes , in this chapter. 1040x forms online Introduction This chapter explains the tax treatment of personal (not business or investment related) casualty losses, theft losses, and losses on deposits. 1040x forms online The chapter also explains the following  topics. 1040x forms online How to figure the amount of your loss. 1040x forms online How to treat insurance and other reimbursements you receive. 1040x forms online The deduction limits. 1040x forms online When and how to report a casualty or theft. 1040x forms online Forms to file. 1040x forms online    When you have a casualty or theft, you have to file Form 4684. 1040x forms online You will also have to file one or more of the following forms. 1040x forms online Schedule A (Form 1040), Itemized Deductions Schedule D (Form 1040), Capital Gains and Losses Condemnations. 1040x forms online   For information on condemnations of property, see Involuntary Conversions in chapter 1 of Publication 544, Sales and Other Disposition of Assets. 1040x forms online Workbook for casualties and thefts. 1040x forms online    Publication 584 is available to help you make a list of your stolen or damaged personal-use property and figure your loss. 1040x forms online It includes schedules to help you figure the loss on your home, its contents, and your motor vehicles. 1040x forms online Business or investment-related losses. 1040x forms online   For information on a casualty or theft loss of business or income-producing property, see Publication 547, Casualties, Disasters, and Thefts. 1040x forms online Useful Items - You may want to see: Publication 544 Sales and Other Dispositions  of Assets 547 Casualties, Disasters, and   Thefts 584 Casualty, Disaster, and Theft   Loss Workbook (Personal-Use  Property) Form (and Instructions) Schedule A (Form 1040) Itemized Deductions Schedule D (Form 1040) Capital Gains and Losses 4684 Casualties and Thefts Casualty A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. 1040x forms online A sudden event is one that is swift, not gradual or progressive. 1040x forms online An unexpected event is one that is ordinarily unanticipated and unintended. 1040x forms online 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. 1040x forms online Deductible losses. 1040x forms online   Deductible casualty losses can result from a number of different causes, including the following. 1040x forms online Car accidents (but see Nondeductible losses , next, for exceptions). 1040x forms online Earthquakes. 1040x forms online Fires (but see Nondeductible losses , next, for exceptions). 1040x forms online Floods. 1040x forms online Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster as discussed under Disaster Area Losses in Publication 547. 1040x forms online Mine cave-ins. 1040x forms online Shipwrecks. 1040x forms online Sonic booms. 1040x forms online Storms, including hurricanes and tornadoes. 1040x forms online Terrorist attacks. 1040x forms online Vandalism. 1040x forms online Volcanic eruptions. 1040x forms online Nondeductible losses. 1040x forms online   A casualty loss is not deductible if the damage or destruction is caused by the following. 1040x forms online Accidentally breaking articles such as glassware or china under normal conditions. 1040x forms online A family pet (explained below). 1040x forms online A fire if you willfully set it or pay someone else to set it. 1040x forms online A car accident if your willful negligence or willful act caused it. 1040x forms online The same is true if the willful act or willful negligence of someone acting for you caused the accident. 1040x forms online Progressive deterioration (explained later). 1040x forms online Family pet. 1040x forms online   Loss 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. 1040x forms online Example. 1040x forms online Your antique oriental rug was damaged by your new puppy before it was housebroken. 1040x forms online Because the damage was not unexpected and unusual, the loss is not deductible as a casualty loss. 1040x forms online Progressive deterioration. 1040x forms online    Loss of property due to progressive deterioration is not deductible as a casualty loss. 1040x forms online This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. 1040x forms online The following are examples of damage due to progressive deterioration. 1040x forms online The steady weakening of a building due to normal wind and weather conditions. 1040x forms online The deterioration and damage to a water heater that bursts. 1040x forms online However, the rust and water damage to rugs and drapes caused by the bursting of a water heater does qualify as a casualty. 1040x forms online Most losses of property caused by droughts. 1040x forms online To be deductible, a drought-related loss generally must be incurred in a trade or business or in a transaction entered into for profit. 1040x forms online Termite or moth damage. 1040x forms online The damage or destruction of trees, shrubs, or other plants by a fungus, disease, insects, worms, or similar pests. 1040x forms online However, a sudden destruction due to an unexpected or unusual infestation of beetles or other insects may result in a casualty loss. 1040x forms online Damage from corrosive drywall. 1040x forms online   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. 1040x forms online For details, see Publication 547. 1040x forms online Theft A theft is the taking and removing of money or property with the intent to deprive the owner of it. 1040x forms online The taking of property must be illegal under the laws of the state where it occurred and it must have been done with criminal intent. 1040x forms online You do not need to show a conviction for theft. 1040x forms online Theft includes the taking of money or property by the following means. 1040x forms online Blackmail. 1040x forms online Burglary. 1040x forms online Embezzlement. 1040x forms online Extortion. 1040x forms online Kidnapping for ransom. 1040x forms online Larceny. 1040x forms online Robbery. 1040x forms online The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law. 1040x forms online Decline in market value of stock. 1040x forms online   You cannot deduct as a theft loss the decline in market value of stock acquired on the open market for investment if the decline is caused by disclosure of accounting fraud or other illegal misconduct by the officers or directors of the corporation that issued the stock. 1040x forms online However, you can deduct as a capital loss the loss you sustain when you sell or exchange the stock or the stock becomes completely worthless. 1040x forms online You report a capital loss on Schedule D (Form 1040). 1040x forms online For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550. 1040x forms online Mislaid or lost property. 1040x forms online   The simple disappearance of money or property is not a theft. 1040x forms online However, an accidental loss or disappearance of property can qualify as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual. 1040x forms online Sudden, unexpected, and unusual events are defined earlier. 1040x forms online Example. 1040x forms online A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. 1040x forms online The diamond falls from the ring and is never found. 1040x forms online The loss of the diamond is a casualty. 1040x forms online Losses from Ponzi-type investment schemes. 1040x forms online   If you had a loss from a Ponzi-type investment scheme, see: Revenue Ruling 2009-9, 2009-14 I. 1040x forms online R. 1040x forms online B. 1040x forms online 735 (available at www. 1040x forms online irs. 1040x forms online gov/irb/2009-14_IRB/ar07. 1040x forms online html). 1040x forms online Revenue Procedure 2009-20, 2009-14 I. 1040x forms online R. 1040x forms online B. 1040x forms online 749 (available at www. 1040x forms online irs. 1040x forms online gov/irb/2009-14_IRB/ar11. 1040x forms online html). 1040x forms online Revenue Procedure 2011-58, 2011-50 I. 1040x forms online R. 1040x forms online B. 1040x forms online 849 (available at www. 1040x forms online irs. 1040x forms online gov/irb/2011-50_IRB/ar11. 1040x forms online html). 1040x forms online If you qualify to use Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58, and you choose to follow the procedures in the guidance, first fill out Section C of Form 4684 to determine the amount to enter on Section B, line 28. 1040x forms online Skip lines 19 to 27. 1040x forms online Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. 1040x forms online You do not need to complete Appendix A. 1040x forms online For more information, see the above revenue ruling and revenue procedures, and the Instructions for Form 4684. 1040x forms online   If you choose not to use the procedures in Revenue Procedure 2009-20, you may claim your theft loss by filling out Section B, lines 19 to 39, as appropriate. 1040x forms online Loss on Deposits A loss on deposits can occur when a bank, credit union, or other financial institution becomes insolvent or bankrupt. 1040x forms online If you incurred this type of loss, you can choose one of the following ways to deduct the loss. 1040x forms online As a casualty loss. 1040x forms online As an ordinary loss. 1040x forms online As a nonbusiness bad debt. 1040x forms online Casualty loss or ordinary loss. 1040x forms online   You can choose to deduct a loss on deposits as a casualty loss or as an ordinary loss for any year in which you can reasonably estimate how much of your deposits you have lost in an insolvent or bankrupt financial institution. 1040x forms online The choice is generally made on the return you file for that year and applies to all your losses on deposits for the year in that particular financial institution. 1040x forms online If you treat the loss as a casualty or ordinary loss, you cannot treat the same amount of the loss as a nonbusiness bad debt when it actually becomes worthless. 1040x forms online However, you can take a nonbusiness bad debt deduction for any amount of loss that is more than the estimated amount you deducted as a casualty or ordinary loss. 1040x forms online Once you make this choice, you cannot change it without permission from the Internal Revenue Service. 1040x forms online   If you claim an ordinary loss, report it as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23. 1040x forms online The maximum amount you can claim is $20,000 ($10,000 if you are married filing separately) reduced by any expected state insurance proceeds. 1040x forms online Your loss is subject to the 2%-of-adjusted-gross-income limit. 1040x forms online You cannot choose to claim an ordinary loss if any part of the deposit is federally insured. 1040x forms online Nonbusiness bad debt. 1040x forms online   If you do not choose to deduct the loss as a casualty loss or as an ordinary loss, you must wait until the year the actual loss is determined and deduct the loss as a nonbusiness bad debt in that year. 1040x forms online How to report. 1040x forms online   The kind of deduction you choose for your loss on deposits determines how you report your loss. 1040x forms online If you choose: Casualty loss — report it on Form 4684 first and then on Schedule A (Form 1040). 1040x forms online Ordinary loss — report it on Schedule A (Form 1040) as a miscellaneous itemized deduction. 1040x forms online Nonbusiness bad debt — report it on Form 8949 first and then on Schedule D (Form 1040). 1040x forms online More information. 1040x forms online   For more information, see Special Treatment for Losses on Deposits in Insolvent or Bankrupt Financial Institutions in the Instructions for Form 4684 or Deposit in Insolvent or Bankrupt Financial Institution in Publication 550. 1040x forms online Proof of Loss To deduct a casualty or theft loss, you must be able to prove that you had a casualty or theft. 1040x forms online You also must be able to support the amount you take as a deduction. 1040x forms online Casualty loss proof. 1040x forms online   For a casualty loss, your records should show all the following. 1040x forms online The type of casualty (car accident, fire, storm, etc. 1040x forms online ) and when it occurred. 1040x forms online That the loss was a direct result of the casualty. 1040x forms online That you were the owner of the property or, if you leased the property from someone else, that you were contractually liable to the owner for the damage. 1040x forms online Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 1040x forms online Theft loss proof. 1040x forms online   For a theft loss, your records should show all the following. 1040x forms online When you discovered that your property was missing. 1040x forms online That your property was stolen. 1040x forms online That you were the owner of the property. 1040x forms online Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 1040x forms online It is important that you have records that will prove your deduction. 1040x forms online If you do not have the actual records to support your deduction, you can use other satisfactory evidence to support it. 1040x forms online Figuring a Loss Figure the amount of your loss using the following steps. 1040x forms online Determine your adjusted basis in the property before the casualty or theft. 1040x forms online Determine the decrease in fair market value of the property as a result of the casualty or theft. 1040x forms online From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you received or expect to receive. 1040x forms online For personal-use property and property used in performing services as an employee, apply the deduction limits, discussed later, to determine the amount of your deductible loss. 1040x forms online Gain from reimbursement. 1040x forms online   If your reimbursement is more than your adjusted basis in the property, you have a gain. 1040x forms online This is true even if the decrease in the FMV of the property is smaller than your adjusted basis. 1040x forms online If you have a gain, you may have to pay tax on it, or you may be able to postpone reporting the gain. 1040x forms online See Publication 547 for more information on how to treat a gain from a reimbursement for a casualty or theft. 1040x forms online Leased property. 1040x forms online   If you are liable for casualty damage to property you lease, your loss is the amount you must pay to repair the property minus any insurance or other reimbursement you receive or expect to receive. 1040x forms online Decrease in Fair Market Value Fair market value (FMV) is the price for which you could sell your property to a willing buyer when neither of you has to sell or buy and both of you know all the relevant facts. 1040x forms online The decrease in FMV used to figure the amount of a casualty or theft loss is the difference between the property's fair market value immediately before and immediately after the casualty or theft. 1040x forms online FMV of stolen property. 1040x forms online   The FMV of property immediately after a theft is considered to be zero, since you no longer have the property. 1040x forms online Example. 1040x forms online Several years ago, you purchased silver dollars at face value for $150. 1040x forms online This is your adjusted basis in the property. 1040x forms online Your silver dollars were stolen this year. 1040x forms online The FMV of the coins was $1,000 just before they were stolen, and insurance did not cover them. 1040x forms online Your theft loss is $150. 1040x forms online Recovered stolen property. 1040x forms online   Recovered stolen property is your property that was stolen and later returned to you. 1040x forms online If you recovered property after you had already taken a theft loss deduction, you must refigure your loss using the smaller of the property's adjusted basis (explained later) or the decrease in FMV from the time just before it was stolen until the time it was recovered. 1040x forms online Use this amount to refigure your total loss for the year in which the loss was deducted. 1040x forms online   If your refigured loss is less than the loss you deducted, you generally have to report the difference as income in the recovery year. 1040x forms online But report the difference only up to the amount of the loss that reduced your tax. 1040x forms online For more information on the amount to report, see Recoveries in chapter 12. 1040x forms online Figuring Decrease in FMV— Items To Consider To figure the decrease in FMV because of a casualty or theft, you generally need a competent appraisal. 1040x forms online However, other measures can also be used to establish certain decreases. 1040x forms online Appraisal. 1040x forms online   An appraisal to determine the difference between the FMV of the property immediately before a casualty or theft and immediately afterward should be made by a competent appraiser. 1040x forms online The appraiser must recognize the effects of any general market decline that may occur along with the casualty. 1040x forms online This information is needed to limit any deduction to the actual loss resulting from damage to the property. 1040x forms online   Several factors are important in evaluating the accuracy of an appraisal, including the following. 1040x forms online The appraiser's familiarity with your property before and after the casualty or theft. 1040x forms online The appraiser's knowledge of sales of comparable property in the area. 1040x forms online The appraiser's knowledge of conditions in the area of the casualty. 1040x forms online The appraiser's method of appraisal. 1040x forms online    You may be able to use an appraisal that you used to get a federal loan (or a federal loan guarantee) as the result of a federally declared disaster to establish the amount of your disaster loss. 1040x forms online For more information on disasters, see Disaster Area Losses, in Pub. 1040x forms online 547. 1040x forms online Cost of cleaning up or making repairs. 1040x forms online   The cost of repairing damaged property is not part of a casualty loss. 1040x forms online Neither is the cost of cleaning up after a casualty. 1040x forms online But you can use the cost of cleaning up or making repairs after a casualty as a measure of the decrease in FMV if you meet all the following conditions. 1040x forms online The repairs are actually made. 1040x forms online The repairs are necessary to bring the property back to its condition before the casualty. 1040x forms online The amount spent for repairs is not excessive. 1040x forms online The repairs take care of the damage only. 1040x forms online The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty. 1040x forms online Landscaping. 1040x forms online   The cost of restoring landscaping to its original condition after a casualty may indicate the decrease in FMV. 1040x forms online You may be able to measure your loss by what you spend on the following. 1040x forms online Removing destroyed or damaged trees and shrubs minus any salvage you receive. 1040x forms online Pruning and other measures taken to preserve damaged trees and shrubs. 1040x forms online Replanting necessary to restore the property to its approximate value before the casualty. 1040x forms online Car value. 1040x forms online    Books issued by various automobile organizations that list your car may be useful in figuring the value of your car. 1040x forms online You can use the book's retail values and modify them by such factors as mileage and the condition of your car to figure its value. 1040x forms online The prices are not official, but they may be useful in determining value and suggesting relative prices for comparison with current sales and offerings in your area. 1040x forms online If your car is not listed in the books, determine its value from other sources. 1040x forms online A dealer's offer for your car as a trade-in on a new car is not usually a measure of its true value. 1040x forms online Figuring Decrease in FMV— Items Not To Consider You generally should not consider the following items when attempting to establish the decrease in FMV of your property. 1040x forms online Cost of protection. 1040x forms online   The cost of protecting your property against a casualty or theft is not part of a casualty or theft loss. 1040x forms online The amount you spend on insurance or to board up your house against a storm is not part of your loss. 1040x forms online   If you make permanent improvements to your property to protect it against a casualty or theft, add the cost of these improvements to your basis in the property. 1040x forms online An example would be the cost of a dike to prevent flooding. 1040x forms online Exception. 1040x forms online   You cannot increase your basis in the property by, or deduct as a business expense, any expenditures you made with respect to qualified disaster mitigation payments. 1040x forms online See Disaster Area Losses in Publication 547. 1040x forms online Incidental expenses. 1040x forms online   Any incidental expenses you have due to a casualty or theft, such as expenses for the treatment of personal injuries, for temporary housing, or for a rental car, are not part of your casualty or theft loss. 1040x forms online Replacement cost. 1040x forms online   The cost of replacing stolen or destroyed property is not part of a casualty or theft loss. 1040x forms online Sentimental value. 1040x forms online   Do not consider sentimental value when determining your loss. 1040x forms online If a family portrait, heirloom, or keepsake is damaged, destroyed, or stolen, you must base your loss on its FMV, as limited by your adjusted basis in the property. 1040x forms online Decline in market value of property in or near casualty area. 1040x forms online   A decrease in the value of your property because it is in or near an area that suffered a casualty, or that might again suffer a casualty, is not to be taken into consideration. 1040x forms online You have a loss only for actual casualty damage to your property. 1040x forms online However, if your home is in a federally declared disaster area, see Disaster Area Losses in Publication 547. 1040x forms online Costs of photographs and appraisals. 1040x forms online    Photographs taken after a casualty will be helpful in establishing the condition and value of the property after it was damaged. 1040x forms online Photographs showing the condition of the property after it was repaired, restored, or replaced may also be helpful. 1040x forms online    Appraisals are used to figure the decrease in FMV because of a casualty or theft. 1040x forms online See Appraisal , earlier, under Figuring Decrease in FMV — Items To Consider, for information about appraisals. 1040x forms online   The costs of photographs and appraisals used as evidence of the value and condition of property damaged as a result of a casualty are not a part of the loss. 1040x forms online You can claim these costs as a miscellaneous itemized deduction subject to the 2%-of-adjusted-gross-income limit on Schedule A (Form 1040). 1040x forms online For information about miscellaneous deductions, see chapter 28. 1040x forms online Adjusted Basis Adjusted basis is your basis in the property (usually cost) increased or decreased by various events, such as improvements and casualty losses. 1040x forms online For more information, see chapter 13. 1040x forms online Insurance and Other Reimbursements If you receive an insurance payment or other type of reimbursement, you must subtract the reimbursement when you figure your loss. 1040x forms online You do not have a casualty or theft loss to the extent you are reimbursed. 1040x forms online If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. 1040x forms online You must reduce your loss even if you do not receive payment until a later tax year. 1040x forms online See Reimbursement Received After Deducting Loss , later. 1040x forms online Failure to file a claim for reimbursement. 1040x forms online   If your property is covered by insurance, you must file a timely insurance claim for reimbursement of your loss. 1040x forms online Otherwise, you cannot deduct this loss as a casualty or theft loss. 1040x forms online However, this rule does not apply to the portion of the loss not covered by insurance (for example, a deductible). 1040x forms online Example. 1040x forms online You have a car insurance policy with a $1,000 deductible. 1040x forms online Because your insurance did not cover the first $1,000 of an auto collision, the $1,000 would be deductible (subject to the deduction limits discussed later). 1040x forms online This is true even if you do not file an insurance claim, because your insurance policy would never have reimbursed you for the deductible. 1040x forms online Types of Reimbursements The most common type of reimbursement is an insurance payment for your stolen or damaged property. 1040x forms online Other types of reimbursements are discussed next. 1040x forms online Also see the Instructions for Form 4684. 1040x forms online Employer's emergency disaster fund. 1040x forms online   If you receive money from your employer's emergency disaster fund and you must use that money to rehabilitate or replace property on which you are claiming a casualty loss deduction, you must take that money into consideration in computing the casualty loss deduction. 1040x forms online Take into consideration only the amount you used to replace your destroyed or damaged property. 1040x forms online Example. 1040x forms online Your home was extensively damaged by a tornado. 1040x forms online Your loss after reimbursement from your insurance company was $10,000. 1040x forms online Your employer set up a disaster relief fund for its employees. 1040x forms online Employees receiving money from the fund had to use it to rehabilitate or replace their damaged or destroyed property. 1040x forms online You received $4,000 from the fund and spent the entire amount on repairs to your home. 1040x forms online In figuring your casualty loss, you must reduce your unreimbursed loss ($10,000) by the $4,000 you received from your employer's fund. 1040x forms online Your casualty loss before applying the deduction limits discussed later is $6,000. 1040x forms online Cash gifts. 1040x forms online   If you receive excludable cash gifts as a disaster victim and there are no limits on how you can use the money, you do not reduce your casualty loss by these excludable cash gifts. 1040x forms online This applies even if you use the money to pay for repairs to property damaged in the disaster. 1040x forms online Example. 1040x forms online Your home was damaged by a hurricane. 1040x forms online Relatives and neighbors made cash gifts to you that were excludable from your income. 1040x forms online You used part of the cash gifts to pay for repairs to your home. 1040x forms online There were no limits or restrictions on how you could use the cash gifts. 1040x forms online Because it was an excludable gift, the money you received and used to pay for repairs to your home does not reduce your casualty loss on the damaged home. 1040x forms online Insurance payments for living expenses. 1040x forms online   You do not reduce your casualty loss by insurance payments you receive to cover living expenses in either of the following situations. 1040x forms online You lose the use of your main home because of a casualty. 1040x forms online Government authorities do not allow you access to your main home because of a casualty or threat of one. 1040x forms online Inclusion in income. 1040x forms online   If these insurance payments are more than the temporary increase in your living expenses, you must include the excess in your income. 1040x forms online Report this amount on Form 1040, line 21. 1040x forms online However, if the casualty occurs in a federally declared disaster area, none of the insurance payments are taxable. 1040x forms online See Qualified disaster relief payments, under Disaster Area Losses in Publication 547. 1040x forms online   A temporary increase in your living expenses is the difference between the actual living expenses you and your family incurred during the period you could not use your home and your normal living expenses for that period. 1040x forms online Actual living expenses are the reasonable and necessary expenses incurred because of the loss of your main home. 1040x forms online Generally, these expenses include the amounts you pay for the following. 1040x forms online Rent for suitable housing. 1040x forms online Transportation. 1040x forms online Food. 1040x forms online Utilities. 1040x forms online Miscellaneous services. 1040x forms online Normal living expenses consist of these same expenses that you would have incurred but did not because of the casualty or the threat of one. 1040x forms online Example. 1040x forms online As a result of a fire, you vacated your apartment for a month and moved to a motel. 1040x forms online You normally pay $525 a month for rent. 1040x forms online None was charged for the month the apartment was vacated. 1040x forms online Your motel rent for this month was $1,200. 1040x forms online You normally pay $200 a month for food. 1040x forms online Your food expenses for the month you lived in the motel were $400. 1040x forms online You received $1,100 from your insurance company to cover your living expenses. 1040x forms online You determine the payment you must include in income as follows. 1040x forms online 1) Insurance payment for living expenses $1,100 2) Actual expenses during the month you are unable to use your home because of fire 1,600   3) Normal living expenses 725   4) Temporary increase in living  expenses: Subtract line 3 from line 2 875 5) Amount of payment includible  in income: Subtract line 4  from line 1 $ 225 Tax year of inclusion. 1040x forms online   You include the taxable part of the insurance payment in income for the year you regain the use of your main home or, if later, for the year you receive the taxable part of the insurance payment. 1040x forms online Example. 1040x forms online Your main home was destroyed by a tornado in August 2011. 1040x forms online You regained use of your home in November 2012. 1040x forms online The insurance payments you received in 2011 and 2012 were $1,500 more than the temporary increase in your living expenses during those years. 1040x forms online You include this amount in income on your 2012 Form 1040. 1040x forms online If, in 2013, you receive further payments to cover the living expenses you had in 2011 and 2012, you must include those payments in income on your 2013 Form 1040. 1040x forms online Disaster relief. 1040x forms online   Food, medical supplies, and other forms of assistance you receive do not reduce your casualty loss unless they are replacements for lost or destroyed property. 1040x forms online Qualified disaster relief payments you receive for expenses you incurred as a result of a federally declared disaster are not taxable income to you. 1040x forms online For more information, see Disaster Area Losses in Publication 547. 1040x forms online Disaster unemployment assistance payments are unemployment benefits that are taxable. 1040x forms online Generally, disaster relief grants and qualified disaster mitigation payments made under the Robert T. 1040x forms online Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act (as in effect on April 15, 2005) are not includible in your income. 1040x forms online See Disaster Area Losses in Publication 547. 1040x forms online Reimbursement Received After Deducting Loss If you figured your casualty or theft loss using your expected reimbursement, you may have to adjust your tax return for the tax year in which you receive your actual reimbursement. 1040x forms online This section explains the adjustment you may have to make. 1040x forms online Actual reimbursement less than expected. 1040x forms online   If you later receive less reimbursement than you expected, include that difference as a loss with your other losses (if any) on your return for the year in which you can reasonably expect no more reimbursement. 1040x forms online Example. 1040x forms online Your personal car had an FMV of $2,000 when it was destroyed in a collision with another car in 2012. 1040x forms online The accident was due to the negligence of the other driver. 1040x forms online At the end of 2012, there was a reasonable prospect that the owner of the other car would reimburse you in full. 1040x forms online You did not have a deductible loss in 2012. 1040x forms online In January 2013, the court awarded you a judgment of $2,000. 1040x forms online However, in July it became apparent that you will be unable to collect any amount from the other driver. 1040x forms online You can deduct the loss in 2013 subject to the limits discussed later. 1040x forms online Actual reimbursement more than expected. 1040x forms online   If you later receive more reimbursement than you expected after you claimed a deduction for the loss, you may have to include the extra reimbursement in your income for the year you receive it. 1040x forms online However, if any part of the original deduction did not reduce your tax for the earlier year, do not include that part of the reimbursement in your income. 1040x forms online You do not refigure your tax for the year you claimed the deduction. 1040x forms online For more information, see Recoveries in chapter 12. 1040x forms online If the total of all the reimbursements you receive is more than your adjusted basis in the destroyed or stolen property, you will have a gain on the casualty or theft. 1040x forms online If you have already taken a deduction for a loss and you receive the reimbursement in a later year, you may have to include the gain in your income for the later year. 1040x forms online Include the gain as ordinary income up to the amount of your deduction that reduced your tax for the earlier year. 1040x forms online See Figuring a Gain in Publication 547 for more information on how to treat a gain from the reimbursement of a casualty or theft. 1040x forms online Actual reimbursement same as expected. 1040x forms online   If you receive exactly the reimbursement you expected to receive, you do not have to include any of the reimbursement in your income and you cannot deduct any additional loss. 1040x forms online Example. 1040x forms online In December 2013, you had a collision while driving your personal car. 1040x forms online Repairs to the car cost $950. 1040x forms online You had $100 deductible collision insurance. 1040x forms online Your insurance company agreed to reimburse you for the rest of the damage. 1040x forms online Because you expected a reimbursement from the insurance company, you did not have a casualty loss deduction in 2013. 1040x forms online Due to the $100 rule (discussed later under Deduction Limits ), you cannot deduct the $100 you paid as the deductible. 1040x forms online When you receive the $850 from the insurance company in 2014, do not report it as income. 1040x forms online Single Casualty on Multiple Properties Personal property. 1040x forms online   Personal property is any property that is not real property. 1040x forms online 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. 1040x forms online Then combine these separate losses to figure the total loss from that casualty or theft. 1040x forms online Example. 1040x forms online A fire in your home destroyed an upholstered chair, an oriental rug, and an antique table. 1040x forms online You did not have fire insurance to cover your loss. 1040x forms online (This was the only casualty or theft you had during the year. 1040x forms online ) You paid $750 for the chair and you established that it had an FMV of $500 just before the fire. 1040x forms online The rug cost $3,000 and had an FMV of $2,500 just before the fire. 1040x forms online You bought the table at an auction for $100 before discovering it was an antique. 1040x forms online It had been appraised at $900 before the fire. 1040x forms online You figure your loss on each of these items as follows:     Chair Rug Table 1) Basis (cost) $750 $3,000 $100 2) FMV before fire $500 $2,500 $900 3) FMV after fire –0– –0– –0– 4) Decrease in FMV $500 $2,500 $900 5) Loss (smaller of (1) or  (4)) $500 $2,500 $100           6) Total loss     $3,100 Real property. 1040x forms online   In figuring a casualty loss on personal-use real property, treat the entire property (including any improvements, such as buildings, trees, and shrubs) as one item. 1040x forms online Figure the loss using the smaller of the adjusted basis or the decrease in FMV of the entire property. 1040x forms online Example. 1040x forms online You bought your home a few years ago. 1040x forms online You paid $160,000 ($20,000 for the land and $140,000 for the house). 1040x forms online You also spent $2,000 for landscaping. 1040x forms online This year a fire destroyed your home. 1040x forms online The fire also damaged the shrubbery and trees in your yard. 1040x forms online The fire was your only casualty or theft loss this year. 1040x forms online Competent appraisers valued the property as a whole at $200,000 before the fire, but only $30,000 after the fire. 1040x forms online (The loss to your household furnishings is not shown in this example. 1040x forms online It would be figured separately on each item, as explained earlier under Personal property . 1040x forms online ) Shortly after the fire, the insurance company paid you $155,000 for the loss. 1040x forms online You figure your casualty loss as follows: 1) Adjusted basis of the entire property (land, building, and landscaping) $162,000 2) FMV of entire property before fire $200,000 3) FMV of entire property after fire 30,000 4) Decrease in FMV of entire  property $170,000 5) Loss (smaller of (1) or (4)) $162,000 6) Subtract insurance 155,000 7) Amount of loss after reimbursement $7,000 Deduction Limits After you have figured your casualty or theft loss, you must figure how much of the loss you can deduct. 1040x forms online If the loss was to property for your personal use or your family's use, there are two limits on the amount you can deduct for your casualty or theft loss. 1040x forms online You must reduce each casualty or theft loss by $100 ($100 rule). 1040x forms online You must further reduce the total of all your casualty or theft losses by 10% of your adjusted gross income (10% rule). 1040x forms online You make these reductions on Form 4684. 1040x forms online These rules are explained next and Table 25-1 summarizes how to apply the $100 rule and the 10% rule in various situations. 1040x forms online For more detailed explanations and examples, see Publication 547. 1040x forms online Table 25-1. 1040x forms online How To Apply the Deduction Limits for Personal-Use Property   $100 Rule 10% Rule General Application You must reduce each casualty or theft loss by $100 when figuring your deduction. 1040x forms online Apply this rule after you have figured the amount of your loss. 1040x forms online You must reduce your total casualty or theft loss by 10% of your adjusted gross income. 1040x forms online Apply this rule after you reduce each loss by $100 (the $100 rule). 1040x forms online Single Event Apply this rule only once, even if many pieces of property are affected. 1040x forms online Apply this rule only once, even if many pieces of property are affected. 1040x forms online More Than One Event Apply to the loss from each event. 1040x forms online Apply to the total of all your losses from all events. 1040x forms online More Than One Person— With Loss From the Same Event (other than a married couple filing jointly) Apply separately to each person. 1040x forms online Apply separately to each person. 1040x forms online Married Couple—With Loss From the Same Event Filing Jointly Apply as if you were one person. 1040x forms online Apply as if you were one person. 1040x forms online Filing Separately Apply separately to each spouse. 1040x forms online Apply separately to each spouse. 1040x forms online More Than One Owner (other than a married couple filing jointly) Apply separately to each owner of jointly owned property. 1040x forms online Apply separately to each owner of jointly owned property. 1040x forms online Property used partly for business and partly for personal purposes. 1040x forms online   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 part and for the business or income-producing part. 1040x forms online You must figure each loss separately because the $100 rule and the 10% rule apply only to the loss on the personal-use part of the property. 1040x forms online $100 Rule After you have figured your casualty or theft loss on personal-use property, you must reduce that loss by $100. 1040x forms online This reduction applies to each total casualty or theft loss. 1040x forms online It does not matter how many pieces of property are involved in an event. 1040x forms online Only a single $100 reduction applies. 1040x forms online Example. 1040x forms online A hailstorm damages your home and your car. 1040x forms online Determine the amount of loss, as discussed earlier, for each of these items. 1040x forms online Since the losses are due to a single event, you combine the losses and reduce the combined amount by $100. 1040x forms online Single event. 1040x forms online   Generally, events closely related in origin cause a single casualty. 1040x forms online 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. 1040x forms online 10% Rule You must reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. 1040x forms online Apply this rule after you reduce each loss by $100. 1040x forms online For more information, see the Form 4684 instructions. 1040x forms online If you have both gains and losses from casualties or thefts, see Gains and losses , later in this discussion. 1040x forms online Example 1. 1040x forms online In June, you discovered that your house had been burglarized. 1040x forms online Your loss after insurance reimbursement was $2,000. 1040x forms online Your adjusted gross income for the year you discovered the theft is $29,500. 1040x forms online You first apply the $100 rule and then the 10% rule. 1040x forms online Figure your theft loss deduction as follows. 1040x forms online 1) Loss after insurance $2,000 2) Subtract $100 100 3) Loss after $100 rule $1,900 4) Subtract 10% × $29,500 AGI 2,950 5) Theft loss deduction –0– You do not have a theft loss deduction because your loss after you apply the $100 rule ($1,900) is less than 10% of your adjusted gross income ($2,950). 1040x forms online Example 2. 1040x forms online In March, you had a car accident that totally destroyed your car. 1040x forms online You did not have collision insurance on your car, so you did not receive any insurance reimbursement. 1040x forms online Your loss on the car was $1,800. 1040x forms online In November, a fire damaged your basement and totally destroyed the furniture, washer, dryer, and other items stored there. 1040x forms online Your loss on the basement items after reimbursement was $2,100. 1040x forms online Your adjusted gross income for the year that the accident and fire occurred is $25,000. 1040x forms online You figure your casualty loss deduction as follows. 1040x forms online       Base-     Car ment 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% × $25,000 AGI 2,500 6) Casualty loss deduction $1,200 Gains and losses. 1040x forms online   If you had both gains and losses from casualties or thefts to personal-use property, you must compare your total gains to your total losses. 1040x forms online 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. 1040x forms online Casualty or theft gains do not include gains you choose to postpone. 1040x forms online See Publication 547 for information on the postponement of gain. 1040x forms online Losses more than gains. 1040x forms online   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. 1040x forms online The rest, if any, is your deductible loss from personal-use property. 1040x forms online Gains more than losses. 1040x forms online   If your recognized gains are more than your losses, subtract your losses from your gains. 1040x forms online The difference is treated as capital gain and must be reported on Schedule D (Form 1040). 1040x forms online The 10% rule does not apply to your gains. 1040x forms online When To Report Gains and Losses Gains. 1040x forms online   If you receive an insurance or other reimbursement that is more than your adjusted basis in the destroyed or stolen property, you have a gain from the casualty or theft. 1040x forms online You must include this gain in your income in the year you receive the reimbursement, unless you choose to postpone reporting the gain as explained in Publication 547. 1040x forms online If you have a loss, see Table 25-2 . 1040x forms online Table 25-2. 1040x forms online When To Deduct a Loss IF you have a loss. 1040x forms online . 1040x forms online . 1040x forms online THEN deduct it in the year. 1040x forms online . 1040x forms online . 1040x forms online from a casualty, the loss occurred. 1040x forms online in a federally declared disaster area, the disaster occurred or the year immediately before the disaster. 1040x forms online from a theft, the theft was discovered. 1040x forms online on a deposit treated as a:   • casualty or any ordinary loss, a reasonable estimate can be made. 1040x forms online • bad debt, deposits are totally worthless. 1040x forms online Losses. 1040x forms online   Generally, you can deduct a casualty loss that is not reimbursable only in the tax year in which the casualty occurred. 1040x forms online This is true even if you do not repair or replace the damaged property until a later year. 1040x forms online   You can deduct theft losses that are not reimbursable only in the year you discover your property was stolen. 1040x forms online   If you are not sure whether part of your casualty or theft loss will be reimbursed, do not deduct that part until the tax year when you become reasonably certain that it will not be reimbursed. 1040x forms online Loss on deposits. 1040x forms online   If your loss is a loss on deposits in an insolvent or bankrupt financial institution, see Loss on Deposits , earlier. 1040x forms online Disaster Area Loss You generally must deduct a casualty loss in the year it occurred. 1040x forms online However, if you have a casualty loss from a federally declared disaster that occurred in an area warranting public or individual assistance (or both), you can choose to deduct the loss on your tax return or amended return for either of the following years. 1040x forms online The year the disaster occurred. 1040x forms online The year immediately preceding the year the disaster occurred. 1040x forms online Gains. 1040x forms online    Special rules apply if you choose to postpone reporting gain on property damaged or destroyed in a federally declared disaster area. 1040x forms online For those special rules, see Publication 547. 1040x forms online Postponed tax deadlines. 1040x forms online   The IRS may postpone for up to 1 year certain tax deadlines of taxpayers who are affected by a federally declared disaster. 1040x forms online The tax deadlines the IRS may postpone include those for filing income and employment tax returns, paying income and employment taxes, and making contributions to a traditional IRA or Roth IRA. 1040x forms online   If any tax deadline is postponed, the IRS will publicize the postponement in your area by publishing a news release, revenue ruling, revenue procedure, notice, announcement, or other guidance in the Internal Revenue Bulletin (IRB). 1040x forms online Go to www. 1040x forms online irs. 1040x forms online gov/uac/Tax-Relief-in-Disaster-Situations to find out if a tax deadline has been postponed for your area. 1040x forms online Who is eligible. 1040x forms online   If the IRS postpones a tax deadline, the following taxpayers are eligible for the postponement. 1040x forms online Any individual whose main home is located in a covered disaster area (defined next). 1040x forms online Any business entity or sole proprietor whose principal place of business is located in a covered disaster area. 1040x forms online Any individual who is a relief worker affiliated with a recognized government or philanthropic organization who is assisting in a covered disaster area. 1040x forms online Any individual, business entity, or sole proprietorship whose records are needed to meet a postponed tax deadline, provided those records are maintained in a covered disaster area. 1040x forms online The main home or principal place of business does not have to be located in the covered disaster area. 1040x forms online Any estate or trust that has tax records necessary to meet a postponed tax deadline, provided those records are maintained in a covered disaster area. 1040x forms online The spouse on a joint return with a taxpayer who is eligible for postponements. 1040x forms online Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose records necessary to meet a postponed tax deadline are located in the covered disaster area. 1040x forms online Any individual visiting the covered disaster area who was killed or injured as a result of the disaster. 1040x forms online Any other person determined by the IRS to be affected by a federally declared disaster. 1040x forms online Covered disaster area. 1040x forms online   This is an area of a federally declared disaster in which the IRS has decided to postpone tax deadlines for up to 1 year. 1040x forms online Abatement of interest and penalties. 1040x forms online   The IRS may abate the interest and penalties on underpaid income tax for the length of any postponement of tax deadlines. 1040x forms online More information. 1040x forms online   For more information, see Disaster Area Losses in Publication 547. 1040x forms online How To Report Gains and Losses Use Form 4684 to report a gain or a deductible loss from a casualty or theft. 1040x forms online If you have more than one casualty or theft, use a separate Form 4684 to determine your gain or loss for each event. 1040x forms online Combine the gains and losses on one Form 4684. 1040x forms online Follow the form instructions as to which lines to fill out. 1040x forms online In addition, you must use the appropriate schedule to report a gain or loss. 1040x forms online The schedule you use depends on whether you have a gain or loss. 1040x forms online If you have a: Report it on: Gain Schedule D (Form 1040) Loss Schedule A (Form 1040) Adjustments to basis. 1040x forms online   If you have a casualty or theft loss, you must decrease your basis in the property by any insurance or other reimbursement you receive, and by any deductible loss. 1040x forms online Amounts you spend to restore your property after a casualty increase your adjusted basis. 1040x forms online See Adjusted Basis in chapter 13 for more information. 1040x forms online Net operating loss (NOL). 1040x forms online    If your casualty or theft loss deduction causes your deductions for the year to be more than your income for the year, you may have an NOL. 1040x forms online You can use an NOL to lower your tax in an earlier year, allowing you to get a refund for tax you have already paid. 1040x forms online Or, you can use it to lower your tax in a later year. 1040x forms online You do not have to be in business to have an NOL from a casualty or theft loss. 1040x forms online For more information, see Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. 1040x forms online Prev  Up  Next   Home   More Online Publications