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My free tax. My free tax.com com Listed Property Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Listed Property DefinedPassenger Automobile Defined Dwelling Unit Other Property Used for Transportation Computers and Related Peripheral Equipment Predominant Use TestMeeting the Predominant Use Test Qualified Business Use Method of Allocating Use Applying the Predominant Use Test Deductions After Recovery Period Leased PropertyLessor Lessee What Records Must Be KeptAdequate Records Reporting Information on Form 4562 Deductions in Later Years Appendix Topics - This chapter discusses: Listed property defined The predominant use test What records must be kept Useful Items - You may want to see: Publication 463 Travel, Entertainment, and Gift Expenses 587 Business Use of Your Home (Including Use by Day-Care Providers) 917 Business Use of a Car 946 How To Depreciate Property Form (and Instructions) 2106–EZ Unreimbursed Employee Business Expenses 2106 Employee Business Expenses 4255 Recapture of Investment Credit 4562 Depreciation and Amortization This chapter discusses some special rules and recordkeeping requirements for listed property. My free tax.com For complete coverage of the rules, including the rules concerning passenger automobiles, see Publication 946. My free tax.com If listed property is not used predominantly (more than 50%) in a qualified business use as discussed inPredominant Use Test, later, the section 179 deduction is not allowable and the property must be depreciated using the straight line method. My free tax.com Listed Property Defined Listed property is any of the following: Any passenger automobile (defined later), Any other property used for transportation, Any property of a type generally used for entertainment, recreation, or amusement (including photographic, phonographic, communication, and video recording equipment), Any computer and related peripheral equipment, defined later, unless it is used only at a regular business establishment and owned or leased by the person operating the establishment. My free tax.com A regular business establishment includes a portion of a dwelling unit (defined later), if, and only if, that portion is used both regularly and exclusively for business as discussed in Publication 587. My free tax.com Any cellular telephone (or similar telecommunication equipment) placed in service or leased in a tax year beginning after 1989. My free tax.com Passenger Automobile Defined A passenger automobile is any four-wheeled vehicle made primarily for use on public streets, roads, and highways and rated at 6,000 pounds or less of unloaded gross vehicle weight (at 6,000 pounds or less of gross vehicle weight for trucks and vans). My free tax.com It includes any part, component, or other item physically attached to the automobile or usually included in the purchase price of an automobile. My free tax.com A passenger automobile does not include: An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business, and A vehicle used directly in the trade or business of transporting persons or property for compensation or hire. My free tax.com Dwelling Unit A dwelling unit is a house or apartment used to provide living accommodations in a building or structure. My free tax.com It does not include a unit in a hotel, motel, inn, or other establishment where more than half the units are used on a transient basis. My free tax.com Other Property Used for Transportation Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other vehicles for transporting persons or goods. My free tax.com Listed property does not include: Any vehicle which, by reason of its design, is not likely to be used more than a minimal amount for personal purposes, such as clearly marked police and fire vehicles, ambulances, or hearses used for those purposes, Any vehicle that is designed to carry cargo and that has a loaded gross vehicle weight over 14,000 pounds, bucket trucks (cherry pickers), cement mixers, combines, cranes and derricks, delivery trucks with seating only for the driver (or only for the driver plus a folding jump seat), dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualified specialized utility repair trucks, and refrigerated trucks, Any passenger bus used for that purpose with a capacity of at least 20 passengers and school buses, Any tractor or other special purpose farm vehicle, and unmarked vehicles used by law enforcement officers if the use is officially authorized, and Any vehicle, such as a taxicab, if substantially all its use is in the trade or business of providing services to transport persons or property for compensation or hire by unrelated persons. My free tax.com Computers and Related Peripheral Equipment A computer is a programmable electronically activated device that: Is capable of accepting information, applying prescribed processes to the information, and supplying the results of those processes with or without human intervention, and Consists of a central processing unit with extensive storage, logic, arithmetic, and control capabilities. My free tax.com Related peripheral equipment is any auxiliary machine which is designed to be controlled by the central processing unit of a computer. My free tax.com Computer or peripheral equipment does not include: Any equipment which is an integral part of property which is not a computer, Typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment, and Equipment of a kind, used primarily for the user's amusement or entertainment, such as video games. My free tax.com Predominant Use Test If “listed property,” defined earlier, placed in service after June 18, 1984, is not used predominantly (more than 50%) in a qualified business use during any tax year: The section 179 deduction on the property is not allowable, and You must depreciate the property using the straight line method. My free tax.com Listed property placed in service before 1987. My free tax.com   For listed property placed in service before 1987, depreciate the property over the following period: Class of Property Listed Property Recovery Period 3-year property 5 years 5-year property 12 years 10-year property 25 years 18-year real property 40 years 19-year real property 40 years If you must use the above recovery periods for listed property not used predominantly in a trade or business, use the percentages from Table 16 titled Listed Property Not Used Predominantly (Other Than 18- or 19-year Real Property), and Table 17 for 18- or 19-year real property, near the end of this publication in the Appendix. My free tax.com Listed property placed in service after 1986. My free tax.com   For information on listed property placed in service after 1986, see Publication 946. My free tax.com Meeting the Predominant Use Test Listed property meets the predominant use test for any tax year if its business use is more than 50% of its total use. My free tax.com You must allocate the use of any item of listed property used for more than one purpose during the tax year among its various uses. My free tax.com The percentage of investment use of listed property cannot be used as part of the percentage of qualified business use to meet the predominant use test. My free tax.com However, the combined total of business and investment use is taken into account to figure your depreciation deduction for the property. My free tax.com Note: Property does not stop being predominantly used in a qualified business use because of a transfer at death. My free tax.com Example. My free tax.com Sarah Bradley uses a home computer 50% of the time to manage her investments. My free tax.com She also uses the computer 40% of the time in her part-time consumer research business. My free tax.com Sarah's home computer is listed property because it is not used at a regular business establishment. My free tax.com Because her business use of the computer does not exceed 50%, the computer is not predominantly used in a qualified business use for the tax year. My free tax.com Because she does not meet the predominant use test, she cannot elect a section 179 deduction for this property. My free tax.com Her combined rate of business/investment use for determining her depreciation deduction is 90%. My free tax.com Qualified Business Use A qualified business use is any use in your trade or business. My free tax.com However, it does not include: The use of property held merely to produce income (investment use), The leasing of property to any 5% owner or related person (to the point that the property is used by a 5% owner or person related to the owner or lessee of the property), The use of property as compensation for the performance of services by a 5% owner or related person, or The use of property as compensation for the performance of services by any person (other than a5% owner or related person) unless the value of the use is included in that person's gross income for the use of the property and income tax is withheld on that amount where required. My free tax.com See Employees, later. My free tax.com 5% owner. My free tax.com   A 5% owner of a business, other than a corporation, is any person who owns more than 5% of the capital or profits interest in the business. My free tax.com   A 5% owner of a corporation is any person who owns, or is considered to own: More than 5% of the outstanding stock of the corporation, or Stock possessing more than 5% of the total combined voting power of all stock in the corporation. My free tax.com Related person. My free tax.com   A related person is anyone related to a taxpayer as discussed under Related persons, in chapter 2 under Nonqualifying Property in Publication 946. My free tax.com Entertainment Use The use of listed property for entertainment, recreation, or amusement purposes is treated as a qualified business use only to the extent that expenses (other than interest and property tax expenses) for its use are deductible as ordinary and necessary business expenses. My free tax.com See Publication 463. My free tax.com Leasing or Compensatory Use of Aircraft If at least 25% of the total use of any aircraft during the tax year is for a qualified business use, the leasing or compensatory use of the aircraft by a 5% owner or related person is treated as a qualified business use. My free tax.com Commuting The use of a vehicle for commuting is not business use, regardless of whether work is performed during the trip. My free tax.com Use of Your Passenger Automobile by Another Person If someone else uses your automobile, that use is not business use unless: That use is directly connected with your business, The value of the use is property reported by you as income to the other person and tax is withheld on the income where required, or The value of the use results in a payment of fair market rent. My free tax.com Any payment to you for the use of the automobile is treated as a rent payment for 3). My free tax.com Employees Any use by an employee of his or her own listed property (or listed property rented by an employee) in performing services as an employee is not business use unless: The use is for the employer's convenience, and The use is required as a condition of employment. My free tax.com Use for the employer's convenience. My free tax.com   Whether the use of listed property is for the employer's convenience must be determined from all the facts. My free tax.com The use is for the employer's convenience if it is for a substantial business reason of the employer. My free tax.com The use of listed property during the employee's regular working hours to carry on the employer's business is generally for the employer's convenience. My free tax.com Use required as a condition of employment. My free tax.com   Whether the use of listed property is a condition of employment depends on all the facts and circumstances. My free tax.com The use of property must be required for the employee to perform duties properly. My free tax.com The employer need not explicitly require the employee to use the property. My free tax.com A mere statement by the employer that the use of the property is a condition of employment is not sufficient. My free tax.com Example 1. My free tax.com Virginia Sycamore is employed as a courier with We Deliver which provides local courier services. My free tax.com She owns and uses a motorcycle to deliver packages to downtown offices. My free tax.com We Deliver explicitly requires all delivery persons to own a small car or motorcycle for use in their employment. My free tax.com The company reimburses delivery persons for their costs. My free tax.com Virginia's use of the motorcycle is for the convenience of We Deliver and is required as a condition of employment. My free tax.com Example 2. My free tax.com Bill Nelson is an inspector for Uplift, a construction company with many sites in the local area. My free tax.com He must travel to these sites on a regular basis. My free tax.com Uplift does not furnish an automobile or explicitly require him to use his own automobile. My free tax.com However, it reimburses him for any costs he incurs in traveling to the various sites. My free tax.com The use of his own automobile or a rental automobile is for the convenience of Uplift and is required as a condition of employment. My free tax.com Method of Allocating Use For passenger automobiles and other means of transportation, allocate the property's use on the basis of mileage. My free tax.com You determine the percentage of qualified business use by dividing the number of miles the vehicle is driven for business purposes during the year by the total number of miles the vehicle is driven for all purposes (including business miles) during the year. My free tax.com For other items of listed property, allocate the property's use on the basis of the most appropriate unit of time. My free tax.com For example, you can determine the percentage of business use of a computer by dividing the number of hours the computer is used for business purposes during the year by the total number of hours the computer is used for all purposes (including business hours) during the year. My free tax.com Applying the Predominant Use Test You must apply the predominant use test for an item of listed property each year of the recovery period. My free tax.com First Recovery Year If any item of listed property is not used predominantly in a qualified business use in the year it is placed in service: The property is not eligible for a section 179 deduction, and The depreciation deduction must be figured using the straight line method. My free tax.com Note: The required use of the straight line method for an item of listed property that does not meet the predominant use test is not the same as electing the straight line method. My free tax.com It does not mean that you have to use the straight line method for other property in the same class as the item of listed property. My free tax.com Years After the First Recovery Year If you use listed property predominantly (more than 50%) in a qualified business use in the tax year you place it in service, but not in a subsequent tax year during the recovery period, the following rules apply: Figure depreciation using the straight line method. My free tax.com Do this for each year, beginning with the year you no longer use the property predominantly in a qualified business use, and Figure any excess depreciation on the property and add it to: Your gross income, and The adjusted basis of your property. My free tax.com See Recapture of excess depreciation, next. My free tax.com Recapture of excess depreciation. My free tax.com   You must include any excess depreciation in your gross income for the first tax year the property is not predominantly used in a qualified business use. My free tax.com Any excess depreciation must also be added to the adjusted basis of your property. My free tax.com Excess depreciation is the excess (if any) of: The amount of depreciation allowable for the property (including any section 179 deduction claimed) for tax years before the first tax year the property was not predominantly used in a qualified business use, over The amount of depreciation that would have been allowable for those years if the property were not used predominantly in a qualified business use for the year it was placed in service. My free tax.com This means you figure your depreciation using the percentages fromTable 16 or 17. My free tax.com For information on investment credit recapture, see the instructions for Form 4255. My free tax.com Deductions After Recovery Period When listed property (other than passenger automobiles) is used for business, investment, and personal purposes, no deduction is ever allowable for the personal use. My free tax.com In tax years after the recovery period, you must determine if there is any unrecovered basis remaining before you compute the depreciation deduction for that tax year. My free tax.com To make this determination, figure the depreciation for earlier tax years as if your property were used 100% for business or investment purposes, beginning with the first tax year in which some or all use is for business or investment. My free tax.com See Car Used 50% or Less for Business in Publication 917. My free tax.com Leased Property The limitations on cost recovery deductions apply to the rental of listed property. My free tax.com The following discussion covers the rules that apply to the lessor (the owner of the property) and the lessee (the person who rents the property from the owner). My free tax.com SeeLeasing a Car in Publication 917 for a discussion of leased passenger automobiles. My free tax.com Lessor The limitations on cost recovery generally do not apply to any listed property leased or held for leasing by anyone regularly engaged in the business of leasing listed property. My free tax.com A person is considered regularly engaged in the business of leasing listed property only if contracts for leasing of listed property are entered into with some frequency over a continuous period of time. My free tax.com This determination is made on the basis of the facts and circumstances in each case and takes into account the nature of the person's business in its entirety. My free tax.com Occasional or incidental leasing activity is insufficient. My free tax.com For example, a person leasing only one passenger automobile during a tax year is not regularly engaged in the business of leasing automobiles. My free tax.com An employer who allows an employee to use the employer's property for personal purposes and charges the employee for the use is not regularly engaged in the business of leasing the property used by the employee. My free tax.com Lessee A lessee of listed property (other than passenger automobiles), must include an amount in gross income called the inclusion amount for the first tax year the property is not used predominantly in a qualified business use. My free tax.com Inclusion amount for property leased before 1987. My free tax.com   You determine the inclusion amount for property leased after June 18, 1984 and before 1987 by multiplying the fair market value of the property by both the average business/investment use percentage and the applicable percentage. My free tax.com You can find the applicable percentages for listed property that is 5- or 10-year recovery property in Tables 19 or 20 in Appendix A of Publication 946. My free tax.com   The lease term for listed property other than 18- or 19-year real property, and residential rental or nonresidential real property, includes options to renew. My free tax.com For 18- or 19-year real property and residential rental or nonresidential real property that is listed property, the period of the lease does not include any option to renew at fair market value, determined at the time of renewal. My free tax.com You treat two or more successive leases that are part of the same transaction (or a series of related transactions) for the same or substantially similar property as one lease. My free tax.com Special rules. My free tax.com   The lessee adds the inclusion amount to gross income in the next tax year if: The lease term begins within 9 months before the close of the lessee's tax year, The lessee does not use the property predominantly in a qualified business use during that portion of the tax year, and The lease term continues into the lessee's next tax year. My free tax.com The lessee determines the inclusion amount by taking into account the average of the business/investment use for both tax years and the applicable percentage for the tax year the lease term begins. My free tax.com   If the lease term is less than one year, the amount included in gross income is the amount that bears the same ratio to the additional inclusion amount as the number of days in the lease term bears to 365. My free tax.com Maximum inclusion amount. My free tax.com   The inclusion amount cannot be more than the sum of the deductible amounts of rent allocable to the lessee's tax year in which the amount must be included in gross income. My free tax.com What Records Must Be Kept You cannot take any depreciation or section 179 deduction for the use of listed property (including passenger automobiles) unless you can prove business/investment use with adequate records or sufficient evidence to support your own statements. My free tax.com How long to keep records. My free tax.com   For listed property, records must be kept for as long as any excess depreciation can be recaptured (included in income). My free tax.com Adequate Records To meet the adequate records requirement, you must maintain an account book, diary, log, statement of expense, trip sheet, or similar record or other documentary evidence that, together with the receipt, is sufficient to establish each element of an expenditure or use. My free tax.com It is not necessary to record information in an account book, diary, or similar record if the information is already shown on the receipt. My free tax.com However, your records should back up your receipts in an orderly manner. My free tax.com Elements of Expenditure or Use The records or other documentary evidence must support: The amount of each separate expenditure, such as the cost of acquiring the item, maintenance and repair costs, capital improvement costs, lease payments, and any other expenses, The amount of each business and investment use (based on an appropriate measure, such as mileage for vehicles and time for other listed property), and the total use of the property for the tax year, The date of the expenditure or use, and The business or investment purpose for the expenditure or use. My free tax.com Written documents of your expenditure or use are generally better evidence than oral statements alone. My free tax.com A written record prepared at or near the time of the expenditure or use has greater value as proof of the expenditure or use. My free tax.com A daily log is not required. My free tax.com However, some type of record containing the elements of an expenditure or the business or investment use of listed property made at or near the time and backed up by other documents is preferable to a statement prepared later. My free tax.com Timeliness The elements of an expenditure or use must be recorded at the time you have full knowledge of the elements. My free tax.com An expense account statement made from an account book, diary, or similar record prepared or maintained at or near the time of the expenditure or use is generally considered a timely record if in the regular course of business: The statement is submitted by an employee to the employer, or The statement is submitted by an independent contractor to the client or customer. My free tax.com For example, a log maintained on a weekly basis, which accounts for use during the week, will be considered a record made at or near the time of use. My free tax.com Business Purpose Supported An adequate record of business purpose must generally be in the form of a written statement. My free tax.com However, the amount of backup necessary to establish a business purpose depends on the facts and circumstances of each case. My free tax.com A written explanation of the business purpose will not be required if the purpose can be determined from the surrounding facts and circumstances. My free tax.com For example, a salesperson visiting customers on an established sales route will not normally need a written explanation of the business purpose of his or her travel. My free tax.com Business Use Supported An adequate record contains enough information on each element of every business or investment use. My free tax.com The amount of detail required to support the use depends on the facts and circumstances. My free tax.com For example, a taxpayer whose only business use of a truck is to make customer deliveries on an established route can satisfy the requirement by recording the length of the route, including the total number of miles driven during the tax year and the date of each trip at or near the time of the trips. My free tax.com Although an adequate record generally must be written, a record of the business use of listed property, such as a computer or automobile, can be prepared in a computer memory device using a logging program. My free tax.com Separate or Combined Expenditures or Uses Each use by you is normally considered a separate use. My free tax.com However, repeated uses can be combined as a single item. My free tax.com Each expenditure is recorded as a separate item and not combined with other expenditures. My free tax.com If you choose, however, amounts spent for the use of listed property during a tax year, such as for gasoline or automobile repairs, can be combined. My free tax.com If these expenses are combined, you do not need to support the business purpose of each expense. My free tax.com Instead, you can divide the expenses based on the total business use of the listed property. My free tax.com Uses which can be considered part of a single use, such as a round trip or uninterrupted business use, can be accounted for by a single record. My free tax.com For example, use of a truck to make deliveries at several locations which begin and end at the business premises and can include a stop at the business in between deliveries can be accounted for by a single record of miles driven. My free tax.com Use of a passenger automobile by a salesperson for a business trip away from home over a period of time can be accounted for by a single record of miles traveled. My free tax.com Minimal personal use (such as a stop for lunch between two business stops) is not an interruption of business use. My free tax.com Confidential Information If any of the information on the elements of an expenditure or use is confidential, it does not need to be in the account book or similar record if it is recorded at or near the time of the expenditure or use. My free tax.com It must be kept elsewhere and made available as support to the district director on request. My free tax.com Substantial Compliance If you have not fully supported a particular element of an expenditure or use, but have complied with the adequate records requirement for the expenditure or use to the district director's satisfaction, you can establish this element by any evidence the district director deems adequate. My free tax.com If you fail to establish that you have substantially complied with the adequate records requirement for an element of an expenditure or use to the district director's satisfaction, you must establish the element: By your own oral or written statement containing detailed information as to the element, and By other evidence sufficient to establish the element. My free tax.com If the element is the cost or amount, time, place, or date of an expenditure or use, its supporting evidence must be direct, such as oral testimony by witnesses or a written statement setting forth detailed information about the element or the documentary evidence. My free tax.com If the element is the business purpose of an expenditure, its supporting evidence can be circumstantial evidence. My free tax.com Sampling You can maintain an adequate record for portions of a tax year and use that record to support your business and investment use for the entire tax year if it can be shown by other evidence that the periods for which an adequate record is maintained are representative of use throughout the year. My free tax.com Loss of Records When you establish that failure to produce adequate records is due to loss of the records through circumstances beyond your control, such as through fire, flood, earthquake, or other casualty, you have the right to support a deduction by reasonable reconstruction of your expenditures and use. My free tax.com Reporting Information on Form 4562 If you claim a deduction for any listed property, you must provide the requested information on page 2, Section B of Form 4562. My free tax.com If you claim a deduction for any vehicle, you must answer certain questions onpage 2 of Form 4562 to provide information about the vehicle use. My free tax.com Employees. My free tax.com   Employees claiming the standard mileage rate or actual expenses (including depreciation) must use Form 2106 instead of Part V of Form 4562. My free tax.com Employees claiming the standard mileage rate may be able to use Form 2106–EZ. My free tax.com Employer who provides vehicles to employees. My free tax.com   An employer who provides vehicles to employees must obtain enough information from those employees to provide the requested information onForm 4562. My free tax.com   An employer who provides more than five vehicles to employees need not include any information on his or her tax return. My free tax.com Instead, the employer must obtain the information from his or her employees and indicate on his or her return that the information was obtained and is being retained. My free tax.com   You do not need to provide the information requested on page 2 of Form 4562 if, as an employer: You can satisfy the requirements of a written policy statement for vehicles either not used for personal purposes, or not used for personal purposes other than commuting, or You treat all vehicle use by employees as personal use. My free tax.com See the instructions for Form 4562. My free tax.com Deductions in Later Years When listed property is used for business, investment, and personal purposes, no deduction is allowable for its personal use either in the current year or any later tax year. My free tax.com In later years, you must determine if there is any remaining unadjusted or unrecovered basis before you compute the depreciation deduction for that tax year. My free tax.com In making this determination, figure the depreciation deductions for earlier tax years as if the listed property were used 100% for business or investment purposes in those years, beginning with the first tax year in which some or all of the property use is for business or investment. My free tax.com For more information about deductions after the recovery period for automobiles, see Publication 917. My free tax.com Appendix The following tables are for use in figuring depreciation deductions under the ACRS system. My free tax.com Table 1. My free tax.com 15-Year Real Property* (Other Than Low-Inclome Housing) Table 3. My free tax.com Low-Income Housing* Table 6 - Table 9 Table 6 - Table 9 Table 10 - Table 13 Table 14 - Table 17 Prev  Up  Next   Home   More Online Publications
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Tax Relief for Victims of Hurricane Sandy in New York

Updated 2/4/13 The IRS announced additional tax relief, further extending certain tax deadlines until April 1 for Nassau, Queens, Richmond and Suffolk counties. 

Updated 11/13/12 to add Orange, Putnam, Sullivan and Ulster counties.

NY-2012-47, Nov. 7, 2012

NEW YORK — Victims of Hurricane Sandy that began on Oct. 27, 2012 in parts of New York may qualify for tax relief from the Internal Revenue Service.

The President has declared Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Sullivan, Suffolk, Ulster and Westchester counties a federal disaster area. Individuals who reside or have a business in these counties may qualify for tax relief.

The declaration permits the IRS to postpone certain deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Oct. 27, and on or before Feb. 1, have been postponed to Feb. 1, 2013.  

In addition, the IRS is waiving the failure-to-deposit penalties for employment and excise tax deposits due on or after Oct. 27, and on or before Nov. 26, as long as the deposits are made by Nov. 26, 2012.

If an affected taxpayer receives a penalty notice from the IRS, the taxpayer should call the telephone number on the notice to have the IRS abate any interest and any late filing or late payment penalties that would otherwise apply. Penalties or interest will be abated only for taxpayers who have an original or extended filing, payment or deposit due date, including an extended filing or payment due date, that falls within the postponement period.

The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area need to call the IRS disaster hotline at 866-562-5227 to request this tax relief.

For a full description of the relief being provided by the IRS to the victims of Hurricane Sandy, visit IRS.gov.

Covered Disaster Area

The counties above constitute a covered disaster area for purposes of Treas. Reg. § 301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers

Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Grant of Relief

Under section 7508A, the IRS gives affected taxpayers until Feb. 1 to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), or to make tax payments, including estimated tax payments, that have either an original or extended due date occurring on or after Oct. 27 and on or before Feb. 1.

The IRS also gives affected taxpayers until Feb. 1 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2007-56, 2007-34 I.R.B. 388 (Aug. 20, 2007), that are due to be performed on or after Oct. 27 and on or before Feb. 1.

This relief also includes the filing of Form 5500 series returns, in the manner described in section 8 of Rev. Proc. 2007-56. The relief described in section 17 of Rev. Proc. 2007-56, pertaining to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.

The postponement of time to file and pay does not apply to information returns in the W-2, 1098, 1099 series, or to Forms 1042-S or 8027. Penalties for failure to timely file information returns can be waived under existing procedures for reasonable cause. Likewise, the postponement does not apply to employment and excise tax deposits. The IRS, however, will abate penalties for failure to make timely employment and excise tax deposits due on or after Oct. 27 and on or before Nov. 26 provided the taxpayer makes these deposits by Nov. 26.

Casualty Losses

Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either this year or last year. Claiming the loss on an original or amended return for last year will get the taxpayer an earlier refund, but waiting to claim the loss on this year’s return could result in a greater tax saving, depending on other income factors.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684 and its instructions.

Affected taxpayers claiming the disaster loss on last year’s return should put the Disaster Designation “New York/Hurricane Sandy” at the top of the form so that the IRS can expedite the processing of the refund.

Other Relief

The IRS will waive the usual fees and expedite requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation in red ink at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case.

Taxpayers may download forms and publications from the official IRS website, irs.gov, or order them by calling 800-TAX-FORM (800-829-3676). The IRS toll-free number for general tax questions is 800-829-1040.

Related Information

Disaster Assistance and Emergency Relief for Individuals and Businesses

Recent IRS Disaster Relief Announcements

 

Page Last Reviewed or Updated: 28-Oct-2013

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My free tax. My free tax.com com 9. My free tax.com   Figuring Net Profit or Loss Table of Contents Introduction Net Operating Losses (NOLs) Not-for-Profit Activities Introduction After figuring your business income and expenses, you are ready to figure the net profit or net loss from your business. My free tax.com You do this by subtracting business expenses from business income. My free tax.com If your expenses are less than your income, the difference is net profit and becomes part of your income on page 1 of Form 1040. My free tax.com If your expenses are more than your income, the difference is a net loss. My free tax.com You usually can deduct it from gross income on page 1 of Form 1040. My free tax.com But in some situations your loss is limited. My free tax.com This chapter briefly explains two of those situations. My free tax.com Other situations that may limit your loss are explained in the Instructions for Schedule C, line G and line 32. My free tax.com If you have more than one business, you must figure your net profit or loss for each business on a separate Schedule C. My free tax.com Net Operating Losses (NOLs) If your deductions for the year are more than your income for the year (line 41 of your Form 1040 is a negative number), you may have a net operating loss (NOL). My free tax.com You can use an NOL by deducting it from your income in another year or years. My free tax.com Examples of typical losses that may produce an NOL include, but are not limited to, losses incurred from the following. My free tax.com Your trade or business. My free tax.com Your work as an employee (unreimbursed employee business expenses). My free tax.com A casualty or theft. My free tax.com Moving expenses. My free tax.com Rental property. My free tax.com A loss from operating a business is the most common reason for an NOL. My free tax.com For details about NOLs, see Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. My free tax.com It explains how to figure an NOL, when to use it, how to claim an NOL deduction, and how to figure an NOL carryover. My free tax.com Not-for-Profit Activities If you do not carry on your business to make a profit, there is a limit on the deductions you can take. My free tax.com You cannot use a loss from the activity to offset other income. My free tax.com Activities you do as a hobby, or mainly for sport or recreation, come under this limit. My free tax.com For details about not-for-profit activities, see chapter 1 in Publication 535, Business Expenses. My free tax.com That chapter explains how to determine whether your activity is carried on to make a profit and how to figure the amount of loss you can deduct. My free tax.com Prev  Up  Next   Home   More Online Publications