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Free online tax filing 2011 11. Free online tax filing 2011   Casualties, Thefts, and Condemnations Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Casualties and TheftsDeductible losses. Free online tax filing 2011 Nondeductible losses. Free online tax filing 2011 Family pet. Free online tax filing 2011 Progressive deterioration. Free online tax filing 2011 Decline in market value of stock. Free online tax filing 2011 Mislaid or lost property. Free online tax filing 2011 Farming Losses How To Figure a Loss Deduction Limits on Losses of Personal-Use Property When Loss Is Deductible Proof of Loss Figuring a Gain Other Involuntary ConversionsCondemnation Irrigation Project Livestock Losses Tree Seedlings Postponing GainException. Free online tax filing 2011 Related persons. Free online tax filing 2011 Replacement Property Replacement Period How To Postpone Gain Disaster Area LossesWho is eligible. Free online tax filing 2011 Covered disaster area. Free online tax filing 2011 Reporting Gains and Losses Introduction This chapter explains the tax treatment of casualties, thefts, and condemnations. Free online tax filing 2011 A casualty occurs when property is damaged, destroyed, or lost due to a sudden, unexpected, or unusual event. Free online tax filing 2011 A theft occurs when property is stolen. Free online tax filing 2011 A condemnation occurs when private property is legally taken for public use without the owner's consent. Free online tax filing 2011 A casualty, theft, or condemnation may result in a deductible loss or taxable gain on your federal income tax return. Free online tax filing 2011 You may have a deductible loss or a taxable gain even if only a portion of your property was affected by a casualty, theft, or condemnation. Free online tax filing 2011 An involuntary conversion occurs when you receive money or other property as reimbursement for a casualty, theft, condemnation, disposition of property under threat of condemnation, or certain other events discussed in this chapter. Free online tax filing 2011 If an involuntary conversion results in a gain and you buy qualified replacement property within the specified replacement period, you can postpone reporting the gain on your income tax return. Free online tax filing 2011 For more information, see Postponing Gain , later. Free online tax filing 2011 Topics - This chapter discusses: Casualties and thefts How to figure a loss or gain Other involuntary conversions Postponing gain Disaster area losses Reporting gains and losses Drought involving property connected with a trade or business or a transaction entered into for profit Useful Items - You may want to see: Publication 523 Selling Your Home 525 Taxable and Nontaxable Income 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 544 Sales and Other Dispositions of Assets 547 Casualties, Disasters, and Thefts 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property) 584-B Business Casualty, Disaster, and Theft Loss Workbook Form (and Instructions) Sch A (Form 1040) Itemized Deductions Sch D (Form 1040) Capital Gains and Losses Sch F (Form 1040) Profit or Loss From Farming 4684 Casualties and Thefts 4797 Sales of Business Property See chapter 16 for information about getting publications and forms. Free online tax filing 2011 Casualties and Thefts If your property is destroyed, damaged, or stolen, you may have a deductible loss. Free online tax filing 2011 If the insurance or other reimbursement is more than the adjusted basis of the destroyed, damaged, or stolen property, you may have a taxable gain. Free online tax filing 2011 Casualty. Free online tax filing 2011   A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. Free online tax filing 2011 A sudden event is one that is swift, not gradual or progressive. Free online tax filing 2011 An unexpected event is one that is ordinarily unanticipated and unintended. Free online tax filing 2011 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. Free online tax filing 2011 Deductible losses. Free online tax filing 2011   Deductible casualty losses can result from a number of different causes, including the following. Free online tax filing 2011 Airplane crashes. Free online tax filing 2011 Car, truck, or farm equipment accidents not resulting from your willful act or willful negligence. Free online tax filing 2011 Earthquakes. Free online tax filing 2011 Fires (but see Nondeductible losses next for exceptions). Free online tax filing 2011 Floods. Free online tax filing 2011 Freezing. Free online tax filing 2011 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. Free online tax filing 2011 Lightning. Free online tax filing 2011 Storms, including hurricanes and tornadoes. Free online tax filing 2011 Terrorist attacks. Free online tax filing 2011 Vandalism. Free online tax filing 2011 Volcanic eruptions. Free online tax filing 2011 Nondeductible losses. Free online tax filing 2011   A casualty loss is not deductible if the damage or destruction is caused by the following. Free online tax filing 2011 Accidentally breaking articles such as glassware or china under normal conditions. Free online tax filing 2011 A family pet (explained below). Free online tax filing 2011 A fire if you willfully set it, or pay someone else to set it. Free online tax filing 2011 A car, truck, or farm equipment accident if your willful negligence or willful act caused it. Free online tax filing 2011 The same is true if the willful act or willful negligence of someone acting for you caused the accident. Free online tax filing 2011 Progressive deterioration (explained below). Free online tax filing 2011 Family pet. Free online tax filing 2011   Loss of property due to damage by a family pet is not deductible as a casualty loss unless the requirements discussed above under Casualty are met. Free online tax filing 2011 Example. Free online tax filing 2011 You keep your horse in your yard. Free online tax filing 2011 The ornamental fruit trees in your yard were damaged when your horse stripped the bark from them. Free online tax filing 2011 Some of the trees were completely girdled and died. Free online tax filing 2011 Because the damage was not unexpected or unusual, the loss is not deductible. Free online tax filing 2011 Progressive deterioration. Free online tax filing 2011   Loss of property due to progressive deterioration is not deductible as a casualty loss. Free online tax filing 2011 This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. Free online tax filing 2011 Examples of damage due to progressive deterioration include damage from rust, corrosion, or termites. Free online tax filing 2011 However, weather-related conditions or disease may cause another type of involuntary conversion. Free online tax filing 2011 See Other Involuntary Conversions , later. Free online tax filing 2011 Theft. Free online tax filing 2011   A theft is the taking and removing of money or property with the intent to deprive the owner of it. Free online tax filing 2011 The taking of property must be illegal under the law of the state where it occurred and it must have been done with criminal intent. Free online tax filing 2011 You do not need to show a conviction for theft. Free online tax filing 2011   Theft includes the taking of money or property by the following means: Blackmail, Burglary, Embezzlement, Extortion, Kidnapping for ransom, Larceny, Robbery, or Threats. Free online tax filing 2011 The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law. Free online tax filing 2011 Decline in market value of stock. Free online tax filing 2011   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. Free online tax filing 2011 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. Free online tax filing 2011 You report a capital loss on Schedule D (Form 1040). Free online tax filing 2011 For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550. Free online tax filing 2011 Mislaid or lost property. Free online tax filing 2011   The simple disappearance of money or property is not a theft. Free online tax filing 2011 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. Free online tax filing 2011 Example. Free online tax filing 2011 A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. Free online tax filing 2011 The diamond falls from the ring and is never found. Free online tax filing 2011 The loss of the diamond is a casualty. Free online tax filing 2011 Farming Losses You can deduct certain casualty or theft losses that occur in the business of farming. Free online tax filing 2011 The following is a discussion of some losses you can deduct and some you cannot deduct. Free online tax filing 2011 Livestock or produce bought for resale. Free online tax filing 2011   Casualty or theft losses of livestock or produce bought for resale are deductible if you report your income on the cash method. Free online tax filing 2011 If you report your income on an accrual method, take casualty and theft losses on property bought for resale by omitting the item from the closing inventory for the year of the loss. Free online tax filing 2011 You cannot take a separate deduction. Free online tax filing 2011 Livestock, plants, produce, and crops raised for sale. Free online tax filing 2011   Losses of livestock, plants, produce, and crops raised for sale are generally not deductible if you report your income on the cash method. Free online tax filing 2011 You have already deducted the cost of raising these items as farm expenses, so their basis is equal to zero. Free online tax filing 2011   For plants with a preproductive period of more than 2 years, you may have a deductible loss if you have a tax basis in the plants. Free online tax filing 2011 You usually have a tax basis if you capitalized the expenses associated with these plants under the uniform capitalization rules. Free online tax filing 2011 The uniform capitalization rules are discussed in chapter 6. Free online tax filing 2011   If you report your income on an accrual method, casualty or theft losses are deductible only if you included the items in your inventory at the beginning of your tax year. Free online tax filing 2011 You get the deduction by omitting the item from your inventory at the close of your tax year. Free online tax filing 2011 You cannot take a separate casualty or theft deduction. Free online tax filing 2011 Income loss. Free online tax filing 2011   A loss of future income is not deductible. Free online tax filing 2011 Example. Free online tax filing 2011 A severe flood destroyed your crops. Free online tax filing 2011 Because you are a cash method taxpayer and already deducted the cost of raising the crops as farm expenses, this loss is not deductible, as explained above under Livestock, plants, produce, and crops raised for sale . Free online tax filing 2011 You estimate that the crop loss will reduce your farm income by $25,000. Free online tax filing 2011 This loss of future income is also not deductible. Free online tax filing 2011 Loss of timber. Free online tax filing 2011   If you sell timber downed as a result of a casualty, treat the proceeds from the sale as a reimbursement. Free online tax filing 2011 If you use the proceeds to buy qualified replacement property, you can postpone reporting the gain. Free online tax filing 2011 See Postponing Gain , later. Free online tax filing 2011 Property used in farming. Free online tax filing 2011   Casualty and theft losses of property used in your farm business usually result in deductible losses. Free online tax filing 2011 If a fire or storm destroyed your barn, or you lose by casualty or theft an animal you bought for draft, breeding, dairy, or sport, you may have a deductible loss. Free online tax filing 2011 See How To Figure a Loss , later. Free online tax filing 2011 Raised draft, breeding, dairy, or sporting animals. Free online tax filing 2011   Generally, losses of raised draft, breeding, dairy, or sporting animals do not result in deductible casualty or theft losses because you have no basis in the animals. Free online tax filing 2011 However, you may have a basis in the animal and therefore may be able to claim a deduction if either of the following situations applies to you. Free online tax filing 2011 You use inventories to determine your income and you included the animals in your inventory. Free online tax filing 2011 You capitalized the expenses associated with the animals under the uniform capitalization rules and therefore have a tax basis in the animals subject to a casualty or theft. Free online tax filing 2011 When you include livestock in inventory, its last inventory value is its basis. Free online tax filing 2011 When you lose an inventoried animal held for draft, breeding, dairy, or sport by casualty or theft during the year, decrease ending inventory by the amount you included in inventory for the animal. Free online tax filing 2011 You cannot take a separate deduction. Free online tax filing 2011 How To Figure a Loss How you figure a deductible casualty or theft loss depends on whether the loss was to farm or personal-use property and whether the property was stolen or partly or completely destroyed. Free online tax filing 2011 Farm property. Free online tax filing 2011   Farm property is the property you use in your farming business. Free online tax filing 2011 If your farm property was completely destroyed or stolen, your loss is figured as follows:      Your adjusted basis in the property     MINUS     Any salvage value     MINUS     Any insurance or other reimbursement you  receive or expect to receive      You can use the schedules in Publication 584-B to list your stolen, damaged, or destroyed business property and to figure your loss. Free online tax filing 2011   If your farm property was partially damaged, use the steps shown under Personal-use property next to figure your casualty loss. Free online tax filing 2011 However, the deduction limits, discussed later, do not apply to farm property. Free online tax filing 2011 Personal-use property. Free online tax filing 2011   Personal-use property is property used by you or your family members for personal purposes and not used in your farm business or for income-producing purposes. Free online tax filing 2011 The following items are examples of personal-use property: Your main home. Free online tax filing 2011 Furniture and electronics used in your main home and not used in a home office or for business purposes. Free online tax filing 2011 Clothing and jewelry. Free online tax filing 2011 An automobile used for nonbusiness purposes. Free online tax filing 2011 You figure the casualty or theft loss on this property by taking the following steps. Free online tax filing 2011 Determine your adjusted basis in the property before the casualty or theft. Free online tax filing 2011 Determine the decrease in fair market value of the property as a result of the casualty or theft. Free online tax filing 2011 From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive or expect to receive. Free online tax filing 2011 You must apply the deduction limits, discussed later, to determine your deductible loss. Free online tax filing 2011    You can use Publication 584 to list your stolen or damaged personal-use property and figure your loss. Free online tax filing 2011 It includes schedules to help you figure the loss on your home, its contents, and your motor vehicles. Free online tax filing 2011 Adjusted basis. Free online tax filing 2011   Adjusted basis is your basis (usually cost) increased or decreased by various events, such as improvements and casualty losses. Free online tax filing 2011 For more information about adjusted basis, see chapter 6. Free online tax filing 2011 Decrease in fair market value (FMV). Free online tax filing 2011   The decrease in FMV is the difference between the property's value immediately before the casualty or theft and its value immediately afterward. Free online tax filing 2011 FMV is defined in chapter 10 under Payments Received or Considered Received . Free online tax filing 2011 Appraisal. Free online tax filing 2011   To figure the decrease in FMV because of a casualty or theft, you generally need a competent appraisal. Free online tax filing 2011 But other measures, such as the cost of cleaning up or making repairs (discussed next) can be used to establish decreases in FMV. Free online tax filing 2011   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. Free online tax filing 2011 The appraiser must recognize the effects of any general market decline that may occur along with the casualty. Free online tax filing 2011 This information is needed to limit any deduction to the actual loss resulting from damage to the property. Free online tax filing 2011 Cost of cleaning up or making repairs. Free online tax filing 2011   The cost of cleaning up after a casualty is not part of a casualty loss. Free online tax filing 2011 Neither is the cost of repairing damaged property after a casualty. Free online tax filing 2011 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. Free online tax filing 2011 The repairs are actually made. Free online tax filing 2011 The repairs are necessary to bring the property back to its condition before the casualty. Free online tax filing 2011 The amount spent for repairs is not excessive. Free online tax filing 2011 The repairs fix the damage only. Free online tax filing 2011 The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty. Free online tax filing 2011 Related expenses. Free online tax filing 2011   The incidental expenses due to a casualty or theft, such as expenses for the treatment of personal injuries, temporary housing, or a rental car, are not part of your casualty or theft loss. Free online tax filing 2011 However, they may be deductible as farm business expenses if the damaged or stolen property is farm property. Free online tax filing 2011 Separate computations for more than one item of property. Free online tax filing 2011   Generally, if a single casualty or theft involves more than one item of property, you must figure your loss separately for each item of property. Free online tax filing 2011 Then combine the losses to determine your total loss. Free online tax filing 2011    There is an exception to this rule for personal-use real property. Free online tax filing 2011 See Exception for personal-use real property, later. Free online tax filing 2011 Example. Free online tax filing 2011 A fire on your farm damaged a tractor and the barn in which it was stored. Free online tax filing 2011 The tractor had an adjusted basis of $3,300. Free online tax filing 2011 Its FMV was $28,000 just before the fire and $10,000 immediately afterward. Free online tax filing 2011 The barn had an adjusted basis of $28,000. Free online tax filing 2011 Its FMV was $55,000 just before the fire and $25,000 immediately afterward. Free online tax filing 2011 You received insurance reimbursements of $2,100 on the tractor and $26,000 on the barn. Free online tax filing 2011 Figure your deductible casualty loss separately for the two items of property. Free online tax filing 2011     Tractor Barn 1) Adjusted basis $3,300 $28,000 2) FMV before fire $28,000 $55,000 3) FMV after fire 10,000 25,000 4) Decrease in FMV  (line 2 − line 3) $18,000 $30,000 5) Loss (lesser of line 1 or line 4) $3,300 $28,000 6) Minus: Insurance 2,100 26,000 7) Deductible casualty loss $1,200 $2,000 8) Total deductible casualty loss $3,200 Exception for personal-use real property. Free online tax filing 2011   In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings, trees, and shrubs) is treated as one item. Free online tax filing 2011 Figure the loss using the smaller of the following. Free online tax filing 2011 The decrease in FMV of the entire property. Free online tax filing 2011 The adjusted basis of the entire property. Free online tax filing 2011 Example. Free online tax filing 2011 You bought a farm in 1990 for $160,000. Free online tax filing 2011 The adjusted basis of the residential part is now $128,000. Free online tax filing 2011 In 2013, a windstorm blew down shade trees and three ornamental trees planted at a cost of $7,500 on the residential part. Free online tax filing 2011 The adjusted basis of the residential part includes the $7,500. Free online tax filing 2011 The fair market value (FMV) of the residential part immediately before the storm was $400,000, and $385,000 immediately after the storm. Free online tax filing 2011 The trees were not covered by insurance. Free online tax filing 2011 1) Adjusted basis $128,000 2) FMV before the storm $400,000 3) FMV after the storm 385,000 4) Decrease in FMV (line 2 − line 3) $15,000 5) Loss before insurance (lesser of line 1 or line 4) $15,000 6) Minus: Insurance -0- 7) Amount of loss $15,000 Insurance and other reimbursements. Free online tax filing 2011   If you receive an insurance or other type of reimbursement, you must subtract the reimbursement when you figure your loss. Free online tax filing 2011 You do not have a casualty or theft loss to the extent you are reimbursed. Free online tax filing 2011   If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. Free online tax filing 2011 You must reduce your loss even if you do not receive payment until a later tax year. Free online tax filing 2011    Do not subtract from your loss any insurance payments you receive for living expenses if you lose the use of your main home or are denied access to it because of a casualty. Free online tax filing 2011 You may have to include a portion of these payments in your income. Free online tax filing 2011 See Insurance payments for living expenses in Publication 547 for details. Free online tax filing 2011 Disaster relief. Free online tax filing 2011   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. Free online tax filing 2011 Excludable cash gifts you receive also do not reduce your casualty loss if there are no limits on how you can use the money. Free online tax filing 2011   Generally, disaster relief grants received under the Robert T. Free online tax filing 2011 Stafford Disaster Relief and Emergency Assistance Act are not included in your income. Free online tax filing 2011 See Federal disaster relief grants , later, under Disaster Area Losses . Free online tax filing 2011   Qualified disaster relief payments for expenses you incurred as a result of a federally declared disaster are not taxable income to you. Free online tax filing 2011 See Qualified disaster relief payments , later, under Disaster Area Losses . Free online tax filing 2011 Reimbursement received after deducting loss. Free online tax filing 2011   If you figure your casualty or theft loss using your expected reimbursement, you may have to adjust your tax return for the tax year in which you get your actual reimbursement. Free online tax filing 2011 Actual reimbursement less than expected. Free online tax filing 2011   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. Free online tax filing 2011 Actual reimbursement more than expected. Free online tax filing 2011   If you later receive more reimbursement than you expected after you have claimed a deduction for the loss, you may have to include the extra reimbursement in your income for the year you receive it. Free online tax filing 2011 However, if any part of your original deduction did not reduce your tax for the earlier year, do not include that part of the reimbursement in your income. Free online tax filing 2011 Do not refigure your tax for the year you claimed the deduction. Free online tax filing 2011 See Recoveries in Publication 525 to find out how much extra reimbursement to include in income. Free online tax filing 2011 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. Free online tax filing 2011 See Figuring a Gain in Publication 547 for information on how to treat a gain from the reimbursement you receive because of a casualty or theft. Free online tax filing 2011 Actual reimbursement same as expected. Free online tax filing 2011   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. Free online tax filing 2011 Lump-sum reimbursement. Free online tax filing 2011   If you have a casualty or theft loss of several assets at the same time without an allocation of reimbursement to specific assets, divide the lump-sum reimbursement among the assets according to the fair market value of each asset at the time of the loss. Free online tax filing 2011 Figure the gain or loss separately for each asset that has a separate basis. Free online tax filing 2011 Adjustments to basis. Free online tax filing 2011   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. Free online tax filing 2011 The result is your adjusted basis in the property. Free online tax filing 2011 Amounts you spend on repairs to restore your property to its pre-casualty condition increase your adjusted basis. Free online tax filing 2011 See Adjusted Basis in chapter 6 for more information. Free online tax filing 2011 Example. Free online tax filing 2011 You built a new silo for $25,000. Free online tax filing 2011 This is the basis in your silo because that is the total cost you incurred to build it. Free online tax filing 2011 During the year, a tornado damaged your silo and your allowable casualty loss deduction was $1,000. Free online tax filing 2011 In addition, your insurance company reimbursed you $4,000 for the damage and you spent $6,000 to restore the silo to its pre-casualty condition. Free online tax filing 2011 Your adjusted basis in the silo after the casualty is $26,000 ($25,000 - $1,000 - $4,000 + $6,000). Free online tax filing 2011 Deduction Limits on Losses of Personal-Use Property Casualty and theft losses of property held for personal use may be deductible if you itemize deductions on Schedule A (Form 1040). Free online tax filing 2011 There are two limits on the deduction for casualty or theft loss of personal-use property. Free online tax filing 2011 You figure these limits on Form 4684. Free online tax filing 2011 $100 rule. Free online tax filing 2011   You must reduce each casualty or theft loss on personal-use property by $100. Free online tax filing 2011 This rule applies after you have subtracted any reimbursement. Free online tax filing 2011 10% rule. Free online tax filing 2011   You must further reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. Free online tax filing 2011 Apply this rule after you reduce each loss by $100. Free online tax filing 2011 Adjusted gross income is on line 38 of Form 1040. Free online tax filing 2011 Example. Free online tax filing 2011 In June, you discovered that your house had been burglarized. Free online tax filing 2011 Your loss after insurance reimbursement was $2,000. Free online tax filing 2011 Your adjusted gross income for the year you discovered the burglary is $57,000. Free online tax filing 2011 Figure your theft loss deduction as follows: 1. Free online tax filing 2011 Loss after insurance $2,000 2. Free online tax filing 2011 Subtract $100 100 3. Free online tax filing 2011 Loss after $100 rule $1,900 4. Free online tax filing 2011 Subtract 10% (. Free online tax filing 2011 10) × $57,000 AGI $5,700 5. Free online tax filing 2011 Theft loss deduction -0- You do not have a theft loss deduction because your loss ($1,900) is less than 10% of your adjusted gross income ($5,700). Free online tax filing 2011    If you have a casualty or theft gain in addition to a loss, you will have to make a special computation before you figure your 10% limit. Free online tax filing 2011 See 10% Rule in Publication 547. Free online tax filing 2011 When Loss Is Deductible Generally, you can deduct casualty losses that are not reimbursable only in the tax year in which they occur. Free online tax filing 2011 You generally can deduct theft losses that are not reimbursable only in the year you discover your property was stolen. Free online tax filing 2011 However, losses in federally declared disaster areas are subject to different rules. Free online tax filing 2011 See Disaster Area Losses , later, for an exception. Free online tax filing 2011 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. Free online tax filing 2011 Leased property. Free online tax filing 2011   If you lease property from someone else, you can deduct a loss on the property in the year your liability for the loss is fixed. Free online tax filing 2011 This is true even if the loss occurred or the liability was paid in a different year. Free online tax filing 2011 You are not entitled to a deduction until your liability under the lease can be determined with reasonable accuracy. Free online tax filing 2011 Your liability can be determined when a claim for recovery is settled, adjudicated, or abandoned. Free online tax filing 2011 Example. Free online tax filing 2011 Robert leased a tractor from First Implement, Inc. Free online tax filing 2011 , for use in his farm business. Free online tax filing 2011 The tractor was destroyed by a tornado in June 2012. Free online tax filing 2011 The loss was not insured. Free online tax filing 2011 First Implement billed Robert for the fair market value of the tractor on the date of the loss. Free online tax filing 2011 Robert disagreed with the bill and refused to pay it. Free online tax filing 2011 First Implement later filed suit in court against Robert. Free online tax filing 2011 In 2013, Robert and First Implement agreed to settle the suit for $20,000, and the court entered a judgment in favor of First Implement. Free online tax filing 2011 Robert paid $20,000 in June 2013. Free online tax filing 2011 He can claim the $20,000 as a loss on his 2013 tax return. Free online tax filing 2011 Net operating loss (NOL). Free online tax filing 2011   If your deductions, including casualty or theft loss deductions, are more than your income for the year, you may have an NOL. Free online tax filing 2011 An NOL can be carried back or carried forward and deducted from income in other years. Free online tax filing 2011 See Publication 536 for more information on NOLs. Free online tax filing 2011 Proof of Loss To deduct a casualty or theft loss, you must be able to prove that there was a casualty or theft. Free online tax filing 2011 You must have records to support the amount you claim for the loss. Free online tax filing 2011 Casualty loss proof. Free online tax filing 2011   For a casualty loss, your records should show all the following information. Free online tax filing 2011 The type of casualty (car accident, fire, storm, etc. Free online tax filing 2011 ) and when it occurred. Free online tax filing 2011 That the loss was a direct result of the casualty. Free online tax filing 2011 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. Free online tax filing 2011 Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. Free online tax filing 2011 Theft loss proof. Free online tax filing 2011   For a theft loss, your records should show all the following information. Free online tax filing 2011 When you discovered your property was missing. Free online tax filing 2011 That your property was stolen. Free online tax filing 2011 That you were the owner of the property. Free online tax filing 2011 Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. Free online tax filing 2011 Figuring a Gain A casualty or theft may result in a taxable gain. Free online tax filing 2011 If you receive an insurance payment or other reimbursement that is more than your adjusted basis in the destroyed, damaged, or stolen property, you have a gain from the casualty or theft. Free online tax filing 2011 You generally report your gain as income in the year you receive the reimbursement. Free online tax filing 2011 However, depending on the type of property you receive, you may not have to report your gain. Free online tax filing 2011 See Postponing Gain , later. Free online tax filing 2011 Your gain is figured as follows: The amount you receive, minus Your adjusted basis in the property at the time of the casualty or theft. Free online tax filing 2011 Even if the decrease in FMV of your property is smaller than the adjusted basis of your property, use your adjusted basis to figure the gain. Free online tax filing 2011 Amount you receive. Free online tax filing 2011   The amount you receive includes any money plus the value of any property you receive, minus any expenses you have in obtaining reimbursement. Free online tax filing 2011 It also includes any reimbursement used to pay off a mortgage or other lien on the damaged, destroyed, or stolen property. Free online tax filing 2011 Example. Free online tax filing 2011 A tornado severely damaged your barn. Free online tax filing 2011 The adjusted basis of the barn was $25,000. Free online tax filing 2011 Your insurance company reimbursed you $40,000 for the damaged barn. Free online tax filing 2011 However, you had legal expenses of $2,000 to collect that insurance. Free online tax filing 2011 Your insurance minus your expenses to collect the insurance is more than your adjusted basis in the barn, so you have a gain. Free online tax filing 2011 1) Insurance reimbursement $40,000 2) Legal expenses 2,000 3) Amount received  (line 1 − line 2) $38,000 4) Adjusted basis 25,000 5) Gain on casualty (line 3 − line 4) $13,000 Other Involuntary Conversions In addition to casualties and thefts, other events cause involuntary conversions of property. Free online tax filing 2011 Some of these are discussed in the following paragraphs. Free online tax filing 2011 Gain or loss from an involuntary conversion of your property is usually recognized for tax purposes. Free online tax filing 2011 You report the gain or deduct the loss on your tax return for the year you realize it. Free online tax filing 2011 However, depending on the type of property you receive, you may not have to report your gain on the involuntary conversion. Free online tax filing 2011 See Postponing Gain , later. Free online tax filing 2011 Condemnation Condemnation is the process by which private property is legally taken for public use without the owner's consent. Free online tax filing 2011 The property may be taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take property. Free online tax filing 2011 The owner receives a condemnation award (money or property) in exchange for the property taken. Free online tax filing 2011 A condemnation is a forced sale, the owner being the seller and the condemning authority being the buyer. Free online tax filing 2011 Threat of condemnation. Free online tax filing 2011   Treat the sale of your property under threat of condemnation as a condemnation, provided you have reasonable grounds to believe that your property will be condemned. Free online tax filing 2011 Main home condemned. Free online tax filing 2011   If you have a gain because your main home is condemned, you generally can exclude the gain from your income as if you had sold or exchanged your home. Free online tax filing 2011 For information on this exclusion, see Publication 523. Free online tax filing 2011 If your gain is more than the amount you can exclude, but you buy replacement property, you may be able to postpone reporting the excess gain. Free online tax filing 2011 See Postponing Gain , later. Free online tax filing 2011 (You cannot deduct a loss from the condemnation of your main home. Free online tax filing 2011 ) More information. Free online tax filing 2011   For information on how to figure the gain or loss on condemned property, see chapter 1 in Publication 544. Free online tax filing 2011 Also see Postponing Gain , later, to find out if you can postpone reporting the gain. Free online tax filing 2011 Irrigation Project The sale or other disposition of property located within an irrigation project to conform to the acreage limits of federal reclamation laws is an involuntary conversion. Free online tax filing 2011 Livestock Losses Diseased livestock. Free online tax filing 2011   If your livestock die from disease, or are destroyed, sold, or exchanged because of disease, even though the disease is not of epidemic proportions, treat these occurrences as involuntary conversions. Free online tax filing 2011 If the livestock were raised or purchased for resale, follow the rules for livestock discussed earlier under Farming Losses . Free online tax filing 2011 Otherwise, figure the gain or loss from these conversions using the rules discussed under Determining Gain or Loss in chapter 8. Free online tax filing 2011 If you replace the livestock, you may be able to postpone reporting the gain. Free online tax filing 2011 See Postponing Gain below. Free online tax filing 2011 Reporting dispositions of diseased livestock. Free online tax filing 2011   If you choose to postpone reporting gain on the disposition of diseased livestock, you must attach a statement to your return explaining that the livestock were disposed of because of disease. Free online tax filing 2011 You must also include other information on this statement. Free online tax filing 2011 See How To Postpone Gain , later, under Postponing Gain . Free online tax filing 2011 Weather-related sales of livestock. Free online tax filing 2011   If you sell or exchange livestock (other than poultry) held for draft, breeding, or dairy purposes solely because of drought, flood, or other weather-related conditions, treat the sale or exchange as an involuntary conversion. Free online tax filing 2011 Only livestock sold in excess of the number you normally would sell under usual business practice, in the absence of weather-related conditions, are considered involuntary conversions. Free online tax filing 2011 Figure the gain or loss using the rules discussed under Determining Gain or Loss in chapter 8. Free online tax filing 2011 If you replace the livestock, you may be able to postpone reporting the gain. Free online tax filing 2011 See Postponing Gain below. Free online tax filing 2011 Example. Free online tax filing 2011 It is your usual business practice to sell five of your dairy animals during the year. Free online tax filing 2011 This year you sold 20 dairy animals because of drought. Free online tax filing 2011 The sale of 15 animals is treated as an involuntary conversion. Free online tax filing 2011    If you do not replace the livestock, you may be able to report the gain in the following year's income. Free online tax filing 2011 This rule also applies to other livestock (including poultry). Free online tax filing 2011 See Sales Caused by Weather-Related Conditions in chapter 3. Free online tax filing 2011 Tree Seedlings If, because of an abnormal drought, the failure of planted tree seedlings is greater than normally anticipated, you may have a deductible loss. Free online tax filing 2011 Treat the loss as a loss from an involuntary conversion. Free online tax filing 2011 The loss equals the previously capitalized reforestation costs you had to duplicate on replanting. Free online tax filing 2011 You deduct the loss on the return for the year the seedlings died. Free online tax filing 2011 Postponing Gain Do not report a gain if you receive reimbursement in the form of property similar or related in service or use to the destroyed, stolen, or other involuntarily converted property. Free online tax filing 2011 Your basis in the new property is generally the same as your adjusted basis in the property it replaces. Free online tax filing 2011 You must ordinarily report the gain on your stolen, destroyed, or other involuntarily converted property if you receive money or unlike property as reimbursement. Free online tax filing 2011 However, you can choose to postpone reporting the gain if you purchase replacement property similar or related in service or use to your destroyed, stolen, or other involuntarily converted property within a specific replacement period. Free online tax filing 2011 If you have a gain on damaged property, you can postpone reporting the gain if you spend the reimbursement to restore the property. Free online tax filing 2011 To postpone reporting all the gain, the cost of your replacement property must be at least as much as the reimbursement you receive. Free online tax filing 2011 If the cost of the replacement property is less than the reimbursement, you must include the gain in your income up to the amount of the unspent reimbursement. Free online tax filing 2011 Example 1. Free online tax filing 2011 In 1985, you constructed a barn to store farm equipment at a cost of $20,000. Free online tax filing 2011 In 1987, you added a silo to the barn at a cost of $15,000 to store grain. Free online tax filing 2011 In May of this year, the property was worth $100,000. Free online tax filing 2011 In June the barn and silo were destroyed by a tornado. Free online tax filing 2011 At the time of the tornado, you had an adjusted basis of $0 in the property. Free online tax filing 2011 You received $85,000 from the insurance company. Free online tax filing 2011 You had a gain of $85,000 ($85,000 – $0). Free online tax filing 2011 You spent $80,000 to rebuild the barn and silo. Free online tax filing 2011 Since this is less than the insurance proceeds received, you must include $5,000 ($85,000 – $80,000) in your income. Free online tax filing 2011 Example 2. Free online tax filing 2011 In 1970, you bought a cabin in the mountains for your personal use at a cost of $18,000. Free online tax filing 2011 You made no further improvements or additions to it. Free online tax filing 2011 When a storm destroyed the cabin this January, the cabin was worth $250,000. Free online tax filing 2011 You received $146,000 from the insurance company in March. Free online tax filing 2011 You had a gain of $128,000 ($146,000 − $18,000). Free online tax filing 2011 You spent $144,000 to rebuild the cabin. Free online tax filing 2011 Since this is less than the insurance proceeds received, you must include $2,000 ($146,000 − $144,000) in your income. Free online tax filing 2011 Buying replacement property from a related person. Free online tax filing 2011   You cannot postpone reporting a gain from a casualty, theft, or other involuntary conversion if you buy the replacement property from a related person (discussed later). Free online tax filing 2011 This rule applies to the following taxpayers. Free online tax filing 2011 C corporations. Free online tax filing 2011 Partnerships in which more than 50% of the capital or profits interest is owned by C corporations. Free online tax filing 2011 Individuals, partnerships (other than those in (2) above), and S corporations if the total realized gain for the tax year on all involuntarily converted properties on which there are realized gains is more than $100,000. Free online tax filing 2011 For involuntary conversions described in (3) above, gains cannot be offset by any losses when determining whether the total gain is more than $100,000. Free online tax filing 2011 If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. Free online tax filing 2011 If the property is owned by an S corporation, the $100,000 limit applies to the S corporation and each shareholder. Free online tax filing 2011 Exception. Free online tax filing 2011   This rule does not apply if the related person acquired the property from an unrelated person within the period of time allowed for replacing the involuntarily converted property. Free online tax filing 2011 Related persons. Free online tax filing 2011   Under this rule, related persons include, for example, a parent and child, a brother and sister, a corporation and an individual who owns more than 50% of its outstanding stock, and two partnerships in which the same C corporations own more than 50% of the capital or profits interests. Free online tax filing 2011 For more information on related persons, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Free online tax filing 2011 Death of a taxpayer. Free online tax filing 2011   If a taxpayer dies after having a gain, but before buying replacement property, the gain must be reported for the year in which the decedent realized the gain. Free online tax filing 2011 The executor of the estate or the person succeeding to the funds from the involuntary conversion cannot postpone reporting the gain by buying replacement property. Free online tax filing 2011 Replacement Property You must buy replacement property for the specific purpose of replacing your property. Free online tax filing 2011 Your replacement property must be similar or related in service or use to the property it replaces. Free online tax filing 2011 You do not have to use the same funds you receive as reimbursement for your old property to acquire the replacement property. Free online tax filing 2011 If you spend the money you receive for other purposes, and borrow money to buy replacement property, you can still choose to postpone reporting the gain if you meet the other requirements. Free online tax filing 2011 Property you acquire by gift or inheritance does not qualify as replacement property. Free online tax filing 2011 Owner-user. Free online tax filing 2011   If you are an owner-user, similar or related in service or use means that replacement property must function in the same way as the property it replaces. Free online tax filing 2011 Examples of property that functions in the same way as the property it replaces are a home that replaces another home, a dairy cow that replaces another dairy cow, and farm land that replaces other farm land. Free online tax filing 2011 A grinding mill that replaces a tractor does not qualify. Free online tax filing 2011 Neither does a breeding or draft animal that replaces a dairy cow. Free online tax filing 2011 Soil or other environmental contamination. Free online tax filing 2011   If, because of soil or other environmental contamination, it is not feasible for you to reinvest your insurance money or other proceeds from destroyed or damaged livestock in property similar or related in service or use to the livestock, you can treat other property (including real property) used for farming purposes, as property similar or related in service or use to the destroyed or damaged livestock. Free online tax filing 2011 Weather-related conditions. Free online tax filing 2011   If, because of drought, flood, or other weather-related conditions, it is not feasible for you to reinvest the insurance money or other proceeds in property similar or related in service or use to the livestock, you can treat other property (excluding real property) used for farming purposes, as property similar or related in service or use to the livestock you disposed of. Free online tax filing 2011 Example. Free online tax filing 2011 Each year you normally sell 25 cows from your beef herd. Free online tax filing 2011 However, this year you had to sell 50 cows. Free online tax filing 2011 This is because a severe drought significantly reduced the amount of hay and pasture yield needed to feed your herd for the rest of the year. Free online tax filing 2011 Because, as a result of the severe drought, it is not feasible for you to use the proceeds from selling the extra cows to buy new cows, you can treat other property (excluding real property) used for farming purposes, as property similar or related in service or use to the cows you sold. Free online tax filing 2011 Standing crop destroyed by casualty. Free online tax filing 2011   If a storm or other casualty destroyed your standing crop and you use the insurance money to acquire either another standing crop or a harvested crop, this purchase qualifies as replacement property. Free online tax filing 2011 The costs of planting and raising a new crop qualify as replacement costs for the destroyed crop only if you use the crop method of accounting (discussed in chapter 2). Free online tax filing 2011 In that case, the costs of bringing the new crop to the same level of maturity as the destroyed crop qualify as replacement costs to the extent they are incurred during the replacement period. Free online tax filing 2011 Timber loss. Free online tax filing 2011   Standing timber you bought with the proceeds from the sale of timber downed as a result of a casualty, such as high winds, earthquakes, or volcanic eruptions, qualifies as replacement property. Free online tax filing 2011 If you bought the standing timber within the replacement period, you can postpone reporting the gain. Free online tax filing 2011 Business or income-producing property located in a federally declared disaster area. Free online tax filing 2011   If your destroyed business or income-producing property was located in a federally declared disaster area, any tangible replacement property you acquire for use in any business is treated as similar or related in service or use to the destroyed property. Free online tax filing 2011 For more information, see Disaster Area Losses in Publication 547. Free online tax filing 2011 Substituting replacement property. Free online tax filing 2011   Once you have acquired qualified replacement property that you designate as replacement property in a statement attached to your tax return, you cannot substitute other qualified replacement property. Free online tax filing 2011 This is true even if you acquire the other property within the replacement period. Free online tax filing 2011 However, if you discover that the original replacement property was not qualified replacement property, you can, within the replacement period, substitute the new qualified replacement property. Free online tax filing 2011 Basis of replacement property. Free online tax filing 2011   You must reduce the basis of your replacement property (its cost) by the amount of postponed gain. Free online tax filing 2011 In this way, tax on the gain is postponed until you dispose of the replacement property. Free online tax filing 2011 Replacement Period To postpone reporting your gain, you must buy replacement property within a specified period of time. Free online tax filing 2011 This is the replacement period. Free online tax filing 2011 The replacement period begins on the date your property was damaged, destroyed, stolen, sold, or exchanged. Free online tax filing 2011 The replacement period generally ends 2 years after the close of the first tax year in which you realize any part of your gain from the involuntary conversion. Free online tax filing 2011 Example. Free online tax filing 2011 You are a calendar year taxpayer. Free online tax filing 2011 While you were on vacation, farm equipment that cost $2,200 was stolen from your farm. Free online tax filing 2011 You discovered the theft when you returned to your farm on November 11, 2012. Free online tax filing 2011 Your insurance company investigated the theft and did not settle your claim until January 5, 2013, when they paid you $3,000. Free online tax filing 2011 You first realized a gain from the reimbursement for the theft during 2013, so you have until December 31, 2015, to replace the property. Free online tax filing 2011 Main home in disaster area. Free online tax filing 2011   For your main home (or its contents) located in a federally declared disaster area, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the involuntary conversion. Free online tax filing 2011 See Disaster Area Losses , later. Free online tax filing 2011 Property in the Midwestern disaster areas. Free online tax filing 2011   For property located in the Midwestern disaster areas (defined in Table 4 in the 2008 Publication 547) that was destroyed, damaged, stolen, or condemned, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. Free online tax filing 2011 This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Midwestern disaster areas. Free online tax filing 2011 Property in the Kansas disaster area. Free online tax filing 2011   For property located in the Kansas disaster area that was destroyed, damaged, stolen, or condemned after May 3, 2007, as a result of the Kansas storms and tornadoes, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. Free online tax filing 2011 This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Kansas disaster area. Free online tax filing 2011 Property in the Hurricane Katrina disaster area. Free online tax filing 2011   For property located in the Hurricane Katrina disaster area that was destroyed, damaged, stolen, or condemned after August 24, 2005, as a result of Hurricane Katrina, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. Free online tax filing 2011 This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Hurricane Katrina disaster area. Free online tax filing 2011 Weather-related sales of livestock in an area eligible for federal assistance. Free online tax filing 2011   For the sale or exchange of livestock due to drought, flood, or other weather-related conditions in an area eligible for federal assistance, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the sale or exchange. Free online tax filing 2011 The IRS may extend the replacement period on a regional basis if the weather-related conditions continue for longer than 3 years. Free online tax filing 2011   For information on extensions of the replacement period because of persistent drought, see Notice 2006-82, 2006-39 I. Free online tax filing 2011 R. Free online tax filing 2011 B. Free online tax filing 2011 529, available at  www. Free online tax filing 2011 irs. Free online tax filing 2011 gov/irb/2006-39_IRB/ar11. Free online tax filing 2011 html. Free online tax filing 2011 For a list of counties for which exceptional, extreme, or severe drought was reported during the 12 months ending August 31, 2013, see Notice 2013-62, available at IRS. Free online tax filing 2011 gov. Free online tax filing 2011 Condemnation. Free online tax filing 2011   The replacement period for a condemnation begins on the earlier of the following dates. Free online tax filing 2011 The date on which you disposed of the condemned property. Free online tax filing 2011 The date on which the threat of condemnation began. Free online tax filing 2011 The replacement period generally ends 2 years after the close of the first tax year in which any part of the gain on the condemnation is realized. Free online tax filing 2011 But see Main home in disaster area , Property in the Midwestern disaster areas , Property in the Kansas disaster area , and Property in the Hurricane Katrina disaster area , earlier, for exceptions. Free online tax filing 2011 Business or investment real property. Free online tax filing 2011   If real property held for use in a trade or business or for investment (not including property held primarily for sale) is condemned, the replacement period ends 3 years after the close of the first tax year in which any part of the gain on the condemnation is realized. Free online tax filing 2011 Extension. Free online tax filing 2011   You can apply for an extension of the replacement period. Free online tax filing 2011 Send your written application to the Internal Revenue Service Center where you file your tax return. Free online tax filing 2011 See your tax return instructions for the address. Free online tax filing 2011 Include all the details about your need for an extension. Free online tax filing 2011 Make your application before the end of the replacement period. Free online tax filing 2011 However, you can file an application within a reasonable time after the replacement period ends if you can show a good reason for the delay. Free online tax filing 2011 You will get an extension of the replacement period if you can show reasonable cause for not making the replacement within the regular period. Free online tax filing 2011 How To Postpone Gain You postpone reporting your gain by reporting your choice on your tax return for the year you have the gain. Free online tax filing 2011 You have the gain in the year you receive insurance proceeds or other reimbursements that result in a gain. Free online tax filing 2011 Required statement. Free online tax filing 2011   You should attach a statement to your return for the year you have the gain. Free online tax filing 2011 This statement should include all the following information. Free online tax filing 2011 The date and details of the casualty, theft, or other involuntary conversion. Free online tax filing 2011 The insurance or other reimbursement you received. Free online tax filing 2011 How you figured the gain. Free online tax filing 2011 Replacement property acquired before return filed. Free online tax filing 2011   If you acquire replacement property before you file your return for the year you have the gain, your statement should also include detailed information about all the following items. Free online tax filing 2011 The replacement property. Free online tax filing 2011 The postponed gain. Free online tax filing 2011 The basis adjustment that reflects the postponed gain. Free online tax filing 2011 Any gain you are reporting as income. Free online tax filing 2011 Replacement property acquired after return filed. Free online tax filing 2011   If you intend to buy replacement property after you file your return for the year you realize gain, your statement should also say that you are choosing to replace the property within the required replacement period. Free online tax filing 2011   You should then attach another statement to your return for the year in which you buy the replacement property. Free online tax filing 2011 This statement should contain detailed information on the replacement property. Free online tax filing 2011 If you acquire part of your replacement property in one year and part in another year, you must attach a statement to each year's return. Free online tax filing 2011 Include in the statement detailed information on the replacement property bought in that year. Free online tax filing 2011 Reporting weather-related sales of livestock. Free online tax filing 2011   If you choose to postpone reporting the gain on weather-related sales or exchanges of livestock, show all the following information on a statement attached to your return for the tax year in which you first realize any of the gain. Free online tax filing 2011 Evidence of the weather-related conditions that forced the sale or exchange of the livestock. Free online tax filing 2011 The gain realized on the sale or exchange. Free online tax filing 2011 The number and kind of livestock sold or exchanged. Free online tax filing 2011 The number of livestock of each kind you would have sold or exchanged under your usual business practice. Free online tax filing 2011   Show all the following information and the preceding information on the return for the year in which you replace the livestock. Free online tax filing 2011 The dates you bought the replacement property. Free online tax filing 2011 The cost of the replacement property. Free online tax filing 2011 Description of the replacement property (for example, the number and kind of the replacement livestock). Free online tax filing 2011 Amended return. Free online tax filing 2011   You must file an amended return (Form 1040X) for the tax year of the gain in either of the following situations. Free online tax filing 2011 You do not acquire replacement property within the replacement period, plus extensions. Free online tax filing 2011 On this amended return, you must report the gain and pay any additional tax due. Free online tax filing 2011 You acquire replacement property within the required replacement period, plus extensions, but at a cost less than the amount you receive from the casualty, theft, or other involuntary conversion. Free online tax filing 2011 On this amended return, you must report the part of the gain that cannot be postponed and pay any additional tax due. Free online tax filing 2011 Disaster Area Losses Special rules apply to federally declared disaster area losses. Free online tax filing 2011 A federally declared disaster is a disaster that occurred in an area declared by the President to be eligible for federal assistance under the Robert T. Free online tax filing 2011 Stafford Disaster Relief and Emergency Assistance Act. Free online tax filing 2011 It includes a major disaster or emergency declaration under the act. Free online tax filing 2011 A list of the areas warranting public or individual assistance (or both) under the Act is available at the Federal Emergency Management Agency (FEMA) web site at www. Free online tax filing 2011 fema. Free online tax filing 2011 gov. Free online tax filing 2011 This part discusses the special rules for when to deduct a disaster area loss and what tax deadlines may be postponed. Free online tax filing 2011 For other special rules, see Disaster Area Losses in Publication 547. Free online tax filing 2011 When to deduct the loss. Free online tax filing 2011   You generally must deduct a casualty loss in the year it occurred. Free online tax filing 2011 However, if you have a deductible loss from a disaster that occurred in an area warranting public or individual assistance (or both), you can choose to deduct that loss on your return or amended return for the tax year immediately preceding the tax year in which the disaster happened. Free online tax filing 2011 If you make this choice, the loss is treated as having occurred in the preceding year. Free online tax filing 2011    Claiming a qualifying disaster loss on the previous year's return may result in a lower tax for that year, often producing or increasing a cash refund. Free online tax filing 2011   You must make the choice to take your casualty loss for the disaster in the preceding year by the later of the following dates. Free online tax filing 2011 The due date (without extensions) for filing your tax return for the tax year in which the disaster actually occurred. Free online tax filing 2011 The due date (with extensions) for the return for the preceding tax year. Free online tax filing 2011 Federal disaster relief grants. Free online tax filing 2011   Do not include post-disaster relief grants received under the Robert T. Free online tax filing 2011 Stafford Disaster Relief and Emergency Assistance Act in your income if the grant payments are made to help you meet necessary expenses or serious needs for medical, dental, housing, personal property, transportation, or funeral expenses. Free online tax filing 2011 Do not deduct casualty losses or medical expenses to the extent they are specifically reimbursed by these disaster relief grants. Free online tax filing 2011 If the casualty loss was specifically reimbursed by the grant and you received the grant after the year in which you deducted the casualty loss, see Reimbursement received after deducting loss , earlier. Free online tax filing 2011 Unemployment assistance payments under the Act are taxable unemployment compensation. Free online tax filing 2011 Qualified disaster relief payments. Free online tax filing 2011   Qualified disaster relief payments are not included in the income of individuals to the extent any expenses compensated by these payments are not otherwise compensated for by insurance or other reimbursement. Free online tax filing 2011 These payments are not subject to income tax, self-employment tax, or employment taxes (social security, Medicare, and federal unemployment taxes). Free online tax filing 2011 No withholding applies to these payments. Free online tax filing 2011   Qualified disaster relief payments include payments you receive (regardless of the source) for the following expenses. Free online tax filing 2011 Reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a federally declared disaster. Free online tax filing 2011 Reasonable and necessary expenses incurred for the repair or rehabilitation of a personal residence due to a federally declared disaster. Free online tax filing 2011 (A personal residence can be a rented residence or one you own. Free online tax filing 2011 ) Reasonable and necessary expenses incurred for the repair or replacement of the contents of a personal residence due to a federally declared disaster. Free online tax filing 2011   Qualified disaster relief payments include amounts paid by a federal, state, or local government in connection with a federally declared disaster to individuals affected by the disaster. Free online tax filing 2011    Qualified disaster relief payments do not include: Payments for expenses otherwise paid for by insurance or other reimbursements, or Income replacement payments, such as payments of lost wages, lost business income, or unemployment compensation. Free online tax filing 2011 Qualified disaster mitigation payments. Free online tax filing 2011   Qualified disaster mitigation payments made under the Robert T. Free online tax filing 2011 Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act (as in effect on April 15, 2005) are not included in income. Free online tax filing 2011 These are payments you, as a property owner, receive to reduce the risk of future damage to your property. Free online tax filing 2011 You cannot increase your basis in property, or take a deduction or credit, for expenditures made with respect to those payments. Free online tax filing 2011 Sale of property under hazard mitigation program. Free online tax filing 2011   Generally, if you sell or otherwise transfer property, you must recognize any gain or loss for tax purposes unless the property is your main home. Free online tax filing 2011 You report the gain or deduct the loss on your tax return for the year you realize it. Free online tax filing 2011 (You cannot deduct a loss on personal-use property unless the loss resulted from a casualty, as discussed earlier. Free online tax filing 2011 ) However, if you sell or otherwise transfer property to the Federal Government, a state or local government, or an Indian tribal government under a hazard mitigation program, you can choose to postpone reporting the gain if you buy qualifying replacement property within a certain period of time. Free online tax filing 2011 See Postponing Gain , earlier, for the rules that apply. Free online tax filing 2011 Other federal assistance programs. Free online tax filing 2011    For more information about other federal assistance programs, see Crop Insurance and Crop Disaster Payments and Feed Assistance and Payments in chapter 3 earlier. Free online tax filing 2011 Postponed tax deadlines. Free online tax filing 2011   The IRS may postpone for up to 1 year certain tax deadlines of taxpayers who are affected by a federally declared disaster. Free online tax filing 2011 The tax deadlines the IRS may postpone include those for filing income, excise, and employment tax returns, paying income, excise, and employment taxes, and making contributions to a traditional IRA or Roth IRA. Free online tax filing 2011   If any tax deadline is postponed, the IRS will publicize the postponement in your area and publish a news release, revenue ruling, revenue procedure, notice, announcement, or other guidance in the Internal Revenue Bulletin (IRB). Free online tax filing 2011 Go to http://www. Free online tax filing 2011 irs. Free online tax filing 2011 gov/uac/Tax-Relief-in-Disaster-Situations to find out if a tax deadline has been postponed for your area. Free online tax filing 2011 Who is eligible. Free online tax filing 2011   If the IRS postpones a tax deadline, the following taxpayers are eligible for the postponement. Free online tax filing 2011 Any individual whose main home is located in a covered disaster area (defined next). Free online tax filing 2011 Any business entity or sole proprietor whose principal place of business is located in a covered disaster area. Free online tax filing 2011 Any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting in a covered disaster area. Free online tax filing 2011 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. Free online tax filing 2011 The main home or principal place of business does not have to be located in the covered disaster area. Free online tax filing 2011 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. Free online tax filing 2011 The spouse on a joint return with a taxpayer who is eligible for postponements. Free online tax filing 2011 Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose necessary records to meet a postponed tax deadline are located in the covered disaster area. Free online tax filing 2011 Any individual visiting the covered disaster area who was killed or injured as a result of the disaster. Free online tax filing 2011 Any other person determined by the IRS to be affected by a federally declared disaster. Free online tax filing 2011 Covered disaster area. Free online tax filing 2011   This is an area of a federally declared disaster area in which the IRS has decided to postpone tax deadlines for up to 1 year. Free online tax filing 2011 Abatement of interest and penalties. Free online tax filing 2011   The IRS may abate the interest and penalties on the underpaid income tax for the length of any postponement of tax deadlines. Free online tax filing 2011 Reporting Gains and Losses You will have to file one or more of the following forms to report your gains or losses from involuntary conversions. Free online tax filing 2011 Form 4684. Free online tax filing 2011   Use this form to report your gains and losses from casualties and thefts. Free online tax filing 2011 Form 4797. Free online tax filing 2011   Use this form to report involuntary conversions (other than from casualty or theft) of property used in your trade or business and capital assets held in connection with a trade or business or a transaction entered into for profit. Free online tax filing 2011 Also use this form if you have a gain from a casualty or theft on trade, business or income-producing property held for more than 1 year and you have to recapture some or all of your gain as ordinary income. Free online tax filing 2011 Form 8949. Free online tax filing 2011   Use this form to report gain from an involuntary conversion (other than from casualty or theft) of personal-use property. Free online tax filing 2011 Schedule A (Form 1040). Free online tax filing 2011   Use this form to deduct your losses from casualties and thefts of personal-use property and income-producing property, that you reported on Form 4684. Free online tax filing 2011 Schedule D (Form 1040). Free online tax filing 2011   Use this form to carry over the following gains. Free online tax filing 2011 Net gain shown on Form 4797 from an involuntary conversion of business property held for more than 1 year. Free online tax filing 2011 Net gain shown on Form 4684 from the casualty or theft of personal-use property. Free online tax filing 2011    Also use this form to figure the overall gain or loss from transactions reported on Form 8949. Free online tax filing 2011 Schedule F (Form 1040). Free online tax filing 2011   Use this form to deduct your losses from casualty or theft of livestock or produce bought for sale under Other expenses in Part II, line 32, if you use the cash method of accounting and have not otherwise deducted these losses. Free online tax filing 2011 Prev  Up  Next   Home   More Online Publications