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Www dfas mil 5. Www dfas mil   Personal Use of Dwelling Unit (Including Vacation Home) Table of Contents Dividing Expenses Dwelling Unit Used as a HomeMain home. Www dfas mil Shared equity financing agreement. Www dfas mil Donation of use of the property. Www dfas mil Examples. Www dfas mil Days used for repairs and maintenance. Www dfas mil Days used as a main home before or after renting. Www dfas mil Reporting Income and DeductionsNot used as a home. Www dfas mil Used as a home but rented less than 15 days. Www dfas mil Used as a home and rented 15 days or more. Www dfas mil If you have any personal use of a dwelling unit (including a vacation home) that you rent, you must divide your expenses between rental use and personal use. Www dfas mil In general, your rental expenses will be no more than your total expenses multiplied by a fraction; the denominator of which is the total number of days the dwelling unit is used and the numerator of which is the total number of days actually rented at a fair rental price. Www dfas mil Only your rental expenses may deducted on Schedule E (Form 1040). Www dfas mil Some of your personal expenses may be deductible if you itemize your deductions on Schedule A (Form 1040). Www dfas mil You must also determine if the dwelling unit is considered a home. Www dfas mil The amount of rental expenses that you can deduct may be limited if the dwelling unit is considered a home. Www dfas mil Whether a dwelling unit is considered a home depends on how many days during the year are considered to be days of personal use. Www dfas mil There is a special rule if you used the dwelling unit as a home and you rented it for less than 15 days during the year. Www dfas mil Dwelling unit. Www dfas mil   A dwelling unit includes a house, apartment, condominium, mobile home, boat, vacation home, or similar property. Www dfas mil It also includes all structures or other property belonging to the dwelling unit. Www dfas mil A dwelling unit has basic living accommodations, such as sleeping space, a toilet, and cooking facilities. Www dfas mil   A dwelling unit does not include property (or part of the property) used solely as a hotel, motel, inn, or similar establishment. Www dfas mil Property is used solely as a hotel, motel, inn, or similar establishment if it is regularly available for occupancy by paying customers and is not used by an owner as a home during the year. Www dfas mil Example. Www dfas mil You rent a room in your home that is always available for short-term occupancy by paying customers. Www dfas mil You do not use the room yourself and you allow only paying customers to use the room. Www dfas mil This room is used solely as a hotel, motel, inn, or similar establishment and is not a dwelling unit. Www dfas mil Dividing Expenses If you use a dwelling unit for both rental and personal purposes, divide your expenses between the rental use and the personal use based on the number of days used for each purpose. Www dfas mil When dividing your expenses, follow these rules. Www dfas mil Any day that the unit is rented at a fair rental price is a day of rental use even if you used the unit for personal purposes that day. Www dfas mil (This rule does not apply when determining whether you used the unit as a home. Www dfas mil ) Any day that the unit is available for rent but not actually rented is not a day of rental use. Www dfas mil Fair rental price. Www dfas mil   A fair rental price for your property generally is the amount of rent that a person who is not related to you would be willing to pay. Www dfas mil The rent you charge is not a fair rental price if it is substantially less than the rents charged for other properties that are similar to your property in your area. Www dfas mil   Ask yourself the following questions when comparing another property with yours. Www dfas mil Is it used for the same purpose? Is it approximately the same size? Is it in approximately the same condition? Does it have similar furnishings? Is it in a similar location? If any of the answers are no, the properties probably are not similar. Www dfas mil Example. Www dfas mil Your beach cottage was available for rent from June 1 through August 31 (92 days). Www dfas mil Except for the first week in August (7 days), when you were unable to find a renter, you rented the cottage at a fair rental price during that time. Www dfas mil The person who rented the cottage for July allowed you to use it over the weekend (2 days) without any reduction in or refund of rent. Www dfas mil Your family also used the cottage during the last 2 weeks of May (14 days). Www dfas mil The cottage was not used at all before May 17 or after August 31. Www dfas mil You figure the part of the cottage expenses to treat as rental expenses as follows. Www dfas mil The cottage was used for rental a total of 85 days (92 − 7). Www dfas mil The days it was available for rent but not rented (7 days) are not days of rental use. Www dfas mil The July weekend (2 days) you used it is rental use because you received a fair rental price for the weekend. Www dfas mil You used the cottage for personal purposes for 14 days (the last 2 weeks in May). Www dfas mil The total use of the cottage was 99 days (14 days personal use + 85 days rental use). Www dfas mil Your rental expenses are 85/99 (86%) of the cottage expenses. Www dfas mil Note. Www dfas mil When determining whether you used the cottage as a home, the July weekend (2 days) you used it is considered personal use even though you received a fair rental price for the weekend. Www dfas mil Therefore, you had 16 days of personal use and 83 days of rental use for this purpose. Www dfas mil Because you used the cottage for personal purposes more than 14 days and more than 10% of the days of rental use (8 days), you used it as a home. Www dfas mil If you have a net loss, you may not be able to deduct all of the rental expenses. Www dfas mil See Dwelling Unit Used as a Home, next. Www dfas mil Dwelling Unit Used as a Home If you use a dwelling unit for both rental and personal purposes, the tax treatment of the rental expenses you figured earlier under Dividing Expenses and rental income depends on whether you are considered to be using the dwelling unit as a home. Www dfas mil You use a dwelling unit as a home during the tax year if you use it for personal purposes more than the greater of: 14 days, or 10% of the total days it is rented to others at a fair rental price. Www dfas mil See What is a day of personal use , later. Www dfas mil If a dwelling unit is used for personal purposes on a day it is rented at a fair rental price (discussed earlier), do not count that day as a day of rental use in applying (2) above. Www dfas mil Instead, count it as a day of personal use in applying both (1) and (2) above. Www dfas mil What is a day of personal use?   A day of personal use of a dwelling unit is any day that the unit is used by any of the following persons. Www dfas mil You or any other person who owns an interest in it, unless you rent it to another owner as his or her main home under a shared equity financing agreement (defined later). Www dfas mil However, see Days used as a main home before or after renting , later. Www dfas mil A member of your family or a member of the family of any other person who owns an interest in it, unless the family member uses the dwelling unit as his or her main home and pays a fair rental price. Www dfas mil Family includes only your spouse, brothers and sisters, half-brothers and half-sisters, ancestors (parents, grandparents, etc. Www dfas mil ), and lineal descendants (children, grandchildren, etc. Www dfas mil ). Www dfas mil Anyone under an arrangement that lets you use some other dwelling unit. Www dfas mil Anyone at less than a fair rental price. Www dfas mil Main home. Www dfas mil   If the other person or member of the family in (1) or (2) above has more than one home, his or her main home is ordinarily the one he or she lived in most of the time. Www dfas mil Shared equity financing agreement. Www dfas mil   This is an agreement under which two or more persons acquire undivided interests for more than 50 years in an entire dwelling unit, including the land, and one or more of the co-owners is entitled to occupy the unit as his or her main home upon payment of rent to the other co-owner or owners. Www dfas mil Donation of use of the property. Www dfas mil   You use a dwelling unit for personal purposes if: You donate the use of the unit to a charitable organization, The organization sells the use of the unit at a fund-raising event, and The “purchaser” uses the unit. Www dfas mil Examples. Www dfas mil   The following examples show how to determine if you have days of personal use. Www dfas mil Example 1. Www dfas mil You and your neighbor are co-owners of a condominium at the beach. Www dfas mil Last year, you rented the unit to vacationers whenever possible. Www dfas mil The unit was not used as a main home by anyone. Www dfas mil Your neighbor used the unit for 2 weeks last year; you did not use it at all. Www dfas mil Because your neighbor has an interest in the unit, both of you are considered to have used the unit for personal purposes during those 2 weeks. Www dfas mil Example 2. Www dfas mil You and your neighbors are co-owners of a house under a shared equity financing agreement. Www dfas mil Your neighbors live in the house and pay you a fair rental price. Www dfas mil Even though your neighbors have an interest in the house, the days your neighbors live there are not counted as days of personal use by you. Www dfas mil This is because your neighbors rent the house as their main home under a shared equity financing agreement. Www dfas mil Example 3. Www dfas mil You own a rental property that you rent to your son. Www dfas mil Your son does not own any interest in this property. Www dfas mil He uses it as his main home and pays you a fair rental price. Www dfas mil Your son's use of the property is not personal use by you because your son is using it as his main home, he owns no interest in the property, and he is paying you a fair rental price. Www dfas mil Example 4. Www dfas mil You rent your beach house to Rosa. Www dfas mil Rosa rents her cabin in the mountains to you. Www dfas mil You each pay a fair rental price. Www dfas mil You are using your beach house for personal purposes on the days that Rosa uses it because your house is used by Rosa under an arrangement that allows you to use her cabin. Www dfas mil Example 5. Www dfas mil You rent an apartment to your mother at less than a fair rental price. Www dfas mil You are using the apartment for personal purposes on the days that your mother rents it because you rent it for less than a fair rental price. Www dfas mil Days used for repairs and maintenance. Www dfas mil   Any day that you spend working substantially full time repairing and maintaining (not improving) your property is not counted as a day of personal use. Www dfas mil Do not count such a day as a day of personal use even if family members use the property for recreational purposes on the same day. Www dfas mil Example. Www dfas mil Corey owns a cabin in the mountains that he rents for most of the year. Www dfas mil He spends a week at the cabin with family members. Www dfas mil Corey works on maintenance of the cabin 3 or 4 hours each day during the week and spends the rest of the time fishing, hiking, and relaxing. Www dfas mil Corey's family members, however, work substantially full time on the cabin each day during the week. Www dfas mil The main purpose of being at the cabin that week is to do maintenance work. Www dfas mil Therefore, the use of the cabin during the week by Corey and his family will not be considered personal use by Corey. Www dfas mil Days used as a main home before or after renting. Www dfas mil   For purposes of determining whether a dwelling unit was used as a home, you may not have to count days you used the property as your main home before or after renting it or offering it for rent as days of personal use. Www dfas mil Do not count them as days of personal use if: You rented or tried to rent the property for 12 or more consecutive months. Www dfas mil You rented or tried to rent the property for a period of less than 12 consecutive months and the period ended because you sold or exchanged the property. Www dfas mil However, this special rule does not apply when dividing expenses between rental and personal use. Www dfas mil See Property Changed to Rental Use in chapter 4. Www dfas mil Example 1. Www dfas mil On February 29, 2012, you moved out of the house you had lived in for 6 years because you accepted a job in another town. Www dfas mil You rented your house at a fair rental price from March 15, 2012, to May 14, 2013 (14 months). Www dfas mil On June 1, 2013, you moved back into your old house. Www dfas mil The days you used the house as your main home from January 1 to February 29, 2012, and from June 1 to December 31, 2013, are not counted as days of personal use. Www dfas mil Therefore, you would use the rules in chapter 1 when figuring your rental income and expenses. Www dfas mil Example 2. Www dfas mil On January 31, you moved out of the condominium where you had lived for 3 years. Www dfas mil You offered it for rent at a fair rental price beginning on February 1. Www dfas mil You were unable to rent it until April. Www dfas mil On September 15, you sold the condominium. Www dfas mil The days you used the condominium as your main home from January 1 to January 31 are not counted as days of personal use when determining whether you used it as a home. Www dfas mil Examples. Www dfas mil   The following examples show how to determine whether you used your rental property as a home. Www dfas mil Example 1. Www dfas mil You converted the basement of your home into an apartment with a bedroom, a bathroom, and a small kitchen. Www dfas mil You rented the basement apartment at a fair rental price to college students during the regular school year. Www dfas mil You rented to them on a 9-month lease (273 days). Www dfas mil You figured 10% of the total days rented to others at a fair rental price is 27 days. Www dfas mil During June (30 days), your brothers stayed with you and lived in the basement apartment rent free. Www dfas mil Your basement apartment was used as a home because you used it for personal purposes for 30 days. Www dfas mil Rent-free use by your brothers is considered personal use. Www dfas mil Your personal use (30 days) is more than the greater of 14 days or 10% of the total days it was rented (27 days). Www dfas mil Example 2. Www dfas mil You rented the guest bedroom in your home at a fair rental price during the local college's homecoming, commencement, and football weekends (a total of 27 days). Www dfas mil Your sister-in-law stayed in the room, rent free, for the last 3 weeks (21 days) in July. Www dfas mil You figured 10% of the total days rented to others at a fair rental price is 3 days. Www dfas mil The room was used as a home because you used it for personal purposes for 21 days. Www dfas mil That is more than the greater of 14 days or 10% of the 27 days it was rented (3 days). Www dfas mil Example 3. Www dfas mil You own a condominium apartment in a resort area. Www dfas mil You rented it at a fair rental price for a total of 170 days during the year. Www dfas mil For 12 of these days, the tenant was not able to use the apartment and allowed you to use it even though you did not refund any of the rent. Www dfas mil Your family actually used the apartment for 10 of those days. Www dfas mil Therefore, the apartment is treated as having been rented for 160 (170 – 10) days. Www dfas mil You figured 10% of the total days rented to others at a fair rental price is 16 days. Www dfas mil Your family also used the apartment for 7 other days during the year. Www dfas mil You used the apartment as a home because you used it for personal purposes for 17 days. Www dfas mil That is more than the greater of 14 days or 10% of the 160 days it was rented (16 days). Www dfas mil Minimal rental use. Www dfas mil   If you use the dwelling unit as a home and you rent it less than 15 days during the year, that period is not treated as rental activity. Www dfas mil See Used as a home but rented less than 15 days, later, for more information. Www dfas mil Limit on deductions. Www dfas mil   Renting a dwelling unit that is considered a home is not a passive activity. Www dfas mil Instead, if your rental expenses are more than your rental income, some or all of the excess expenses cannot be used to offset income from other sources. Www dfas mil The excess expenses that cannot be used to offset income from other sources are carried forward to the next year and treated as rental expenses for the same property. Www dfas mil Any expenses carried forward to the next year will be subject to any limits that apply for that year. Www dfas mil This limitation will apply to expenses carried forward to another year even if you do not use the property as your home for that subsequent year. Www dfas mil   To figure your deductible rental expenses for this year and any carryover to next year, use Worksheet 5–1. Www dfas mil Reporting Income and Deductions Property not used for personal purposes. Www dfas mil   If you do not use a dwelling unit for personal purposes, see chapter 3 for how to report your rental income and expenses. Www dfas mil Property used for personal purposes. Www dfas mil   If you do use a dwelling unit for personal purposes, then how you report your rental income and expenses depends on whether you used the dwelling unit as a home. Www dfas mil Not used as a home. Www dfas mil   If you use a dwelling unit for personal purposes, but not as a home, report all the rental income in your income. Www dfas mil Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in this chapter under Dividing Expenses . Www dfas mil The expenses for personal use are not deductible as rental expenses. Www dfas mil   Your deductible rental expenses can be more than your gross rental income; however, see Limits on Rental Losses in chapter 3. Www dfas mil Used as a home but rented less than 15 days. Www dfas mil   If you use a dwelling unit as a home and you rent it less than 15 days during the year, its primary function is not considered to be rental and it should not be reported on Schedule E (Form 1040). Www dfas mil You are not required to report the rental income and rental expenses from this activity. Www dfas mil The expenses, including qualified mortgage interest, property taxes, and any qualified casualty loss will be reported as normally allowed on Schedule A (Form 1040). Www dfas mil See the Instructions for Schedule A (Form 1040) for more information on deducting these expenses. Www dfas mil Used as a home and rented 15 days or more. Www dfas mil   If you use a dwelling unit as a home and rent it 15 days or more during the year, include all your rental income in your income. Www dfas mil Since you used the dwelling unit for personal purposes, you must divide your expenses between the rental use and the personal use as described earlier in this chapter under Dividing Expenses . Www dfas mil The expenses for personal use are not deductible as rental expenses. Www dfas mil   If you had a net profit from renting the dwelling unit for the year (that is, if your rental income is more than the total of your rental expenses, including depreciation), deduct all of your rental expenses. Www dfas mil You do not need to use Worksheet 5-1. Www dfas mil   However, if you had a net loss from renting the dwelling unit for the year, your deduction for certain rental expenses is limited. Www dfas mil To figure your deductible rental expenses and any carryover to next year, use Worksheet 5–1. Www dfas mil Worksheet 5-1. Www dfas mil Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Use this worksheet only if you answer “yes” to all of the following questions. Www dfas mil Did you use the dwelling unit as a home this year? (See Dwelling Unit Used as a Home . Www dfas mil ) Did you rent the dwelling unit at a fair rental price 15 days or more this year? Is the total of your rental expenses and depreciation more than your rental income? PART I. Www dfas mil Rental Use Percentage A. Www dfas mil Total days available for rent at fair rental price A. Www dfas mil       B. Www dfas mil Total days available for rent (line A) but not rented B. Www dfas mil       C. Www dfas mil Total days of rental use. Www dfas mil Subtract line B from line A C. Www dfas mil       D. Www dfas mil Total days of personal use (including days rented at less than fair rental price) D. Www dfas mil       E. Www dfas mil Total days of rental and personal use. Www dfas mil Add lines C and D E. Www dfas mil       F. Www dfas mil Percentage of expenses allowed for rental. Www dfas mil Divide line C by line E     F. Www dfas mil . Www dfas mil PART II. Www dfas mil Allowable Rental Expenses 1. Www dfas mil Enter rents received 1. Www dfas mil   2a. Www dfas mil Enter the rental portion of deductible home mortgage interest and qualified mortgage insurance premiums (see instructions) 2a. Www dfas mil       b. Www dfas mil Enter the rental portion of real estate taxes b. Www dfas mil       c. Www dfas mil Enter the rental portion of deductible casualty and theft losses (see instructions) c. Www dfas mil       d. Www dfas mil Enter direct rental expenses (see instructions) d. Www dfas mil       e. Www dfas mil Fully deductible rental expenses. Www dfas mil Add lines 2a–2d. Www dfas mil Enter here and  on the appropriate lines on Schedule E (see instructions) 2e. Www dfas mil   3. Www dfas mil Subtract line 2e from line 1. Www dfas mil If zero or less, enter -0- 3. Www dfas mil   4a. Www dfas mil Enter the rental portion of expenses directly related to operating or maintaining  the dwelling unit (such as repairs, insurance, and utilities) 4a. Www dfas mil       b. Www dfas mil Enter the rental portion of excess mortgage interest and qualified mortgage insurance premiums (see instructions) b. Www dfas mil       c. Www dfas mil Carryover of operating expenses from 2012 worksheet c. Www dfas mil       d. Www dfas mil Add lines 4a–4c d. Www dfas mil       e. Www dfas mil Allowable expenses. Www dfas mil Enter the smaller of line 3 or line 4d (see instructions) 4e. Www dfas mil   5. Www dfas mil Subtract line 4e from line 3. Www dfas mil If zero or less, enter -0- 5. Www dfas mil   6a. Www dfas mil Enter the rental portion of excess casualty and theft losses (see instructions) 6a. Www dfas mil       b. Www dfas mil Enter the rental portion of depreciation of the dwelling unit b. Www dfas mil       c. Www dfas mil Carryover of excess casualty losses and depreciation from 2012 worksheet c. Www dfas mil       d. Www dfas mil Add lines 6a–6c d. Www dfas mil       e. Www dfas mil Allowable excess casualty and theft losses and depreciation. Www dfas mil Enter the smaller of  line 5 or line 6d (see instructions) 6e. Www dfas mil   PART III. Www dfas mil Carryover of Unallowed Expenses to Next Year 7a. Www dfas mil Operating expenses to be carried over to next year. Www dfas mil Subtract line 4e from line 4d 7a. Www dfas mil   b. Www dfas mil Excess casualty and theft losses and depreciation to be carried over to next year. Www dfas mil  Subtract line 6e from line 6d b. Www dfas mil   Worksheet 5-1 Instructions. Www dfas mil Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home Caution. Www dfas mil Use the percentage determined in Part I, line F, to figure the rental portions to enter on lines 2a–2c, 4a–4b, and 6a–6b of  Part II. Www dfas mil Line 2a. Www dfas mil Figure the mortgage interest on the dwelling unit that you could deduct on Schedule A as if you had not rented the unit. Www dfas mil Do not include interest on a loan that did not benefit the dwelling unit. Www dfas mil For example, do not include interest on a home equity loan used to pay off credit cards or other personal loans, buy a car, or pay college tuition. Www dfas mil Include interest on a loan used to buy, build, or improve the dwelling unit, or to refinance such a loan. Www dfas mil Include the rental portion of this interest in the total you enter on line 2a of the worksheet. Www dfas mil   Figure the qualified mortgage insurance premiums on the dwelling unit that you could deduct on line 13 of Schedule A as if you had not rented the unit. Www dfas mil See the Schedule A instructions. Www dfas mil However, figure your adjusted gross income (Form 1040, line 38) without your rental income and expenses from the dwelling unit. Www dfas mil See Line 4b to deduct the part of the qualified mortgage insurance premiums not allowed because of the adjusted gross income limit. Www dfas mil Include the rental portion of the amount from Schedule A, line 13, in the total you enter on line 2a of the worksheet. Www dfas mil   Note. Www dfas mil Do not file this Schedule A or use it to figure the amount to deduct on line 13 of that schedule. Www dfas mil Instead, figure the personal portion on a separate Schedule A. Www dfas mil If you have deducted mortgage interest or qualified mortgage insurance premiums on the dwelling unit on other forms, such as Schedule C or F, remember to reduce your Schedule A deduction by that amount. Www dfas mil           Line 2c. Www dfas mil Figure the casualty and theft losses related to the dwelling unit that you could deduct on Schedule A as if you had not rented the dwelling unit. Www dfas mil To do this, complete Section A of Form 4684, Casualties and Thefts, treating the losses as personal losses. Www dfas mil If any of the loss is due to a federally declared disaster, see the Instructions for Form 4684. Www dfas mil On Form 4684, line 17, enter 10% of your adjusted gross income figured without your rental income and expenses from the dwelling unit. Www dfas mil Enter the rental portion of the result from Form 4684, line 18, on line 2c of this worksheet. Www dfas mil   Note. Www dfas mil Do not file this Form 4684 or use it to figure your personal losses on Schedule A. Www dfas mil Instead, figure the personal portion on a separate Form 4684. Www dfas mil           Line 2d. Www dfas mil Enter the total of your rental expenses that are directly related only to the rental activity. Www dfas mil These include interest on loans used for rental activities other than to buy, build, or improve the dwelling unit. Www dfas mil Also include rental agency fees, advertising, office supplies, and depreciation on office equipment used in your rental activity. Www dfas mil           Line 2e. Www dfas mil You can deduct the amounts on lines 2a, 2b, 2c, and 2d as rental expenses on Schedule E even if your rental expenses are more than your rental income. Www dfas mil Enter the amounts on lines 2a, 2b, 2c, and 2d on the appropriate lines of Schedule E. Www dfas mil           Line 4b. Www dfas mil On line 2a, you entered the rental portion of the mortgage interest or qualified mortgage insurance premiums you could deduct on Schedule A if you had not rented the dwelling unit. Www dfas mil If you had additional mortgage interest and qualified mortgage insurance premiums that would not be deductible on Schedule A because of limits imposed on them, enter on line 4b of this worksheet the rental portion of those excess amounts. Www dfas mil Do not include interest on a loan that did not benefit the dwelling unit  (as explained in the line 2a instructions). Www dfas mil           Line 4e. Www dfas mil You can deduct the amounts on lines 4a, 4b, and 4c as rental expenses on Schedule E only to the extent they are not more than the amount on line 4e. Www dfas mil *           Line 6a. Www dfas mil To find the rental portion of excess casualty and theft losses, use the Form 4684 you prepared for line 2c of this worksheet. Www dfas mil   A. Www dfas mil Enter the amount from Form 4684, line 10       B. Www dfas mil Enter the rental portion of line A       C. Www dfas mil Enter the amount from line 2c of this worksheet       D. Www dfas mil Subtract line C from line B. Www dfas mil Enter the result here and on line 6a of this worksheet               Line 6e. Www dfas mil You can deduct the amounts on lines 6a, 6b, and 6c as rental expenses on Schedule E only to the extent they are not more than the amount on line 6e. Www dfas mil * *Allocating the limited deduction. Www dfas mil If you cannot deduct all of the amount on line 4d or 6d this year, you can allocate the allowable deduction in any way you wish among the expenses included on line 4d or 6d. Www dfas mil Enter the amount you allocate to each expense on the appropriate line of Schedule E, Part I. Www dfas mil Prev  Up  Next   Home   More Online Publications
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Help for Victims of Hurricane Sandy

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Help for Disaster Victims: English | Spanish | ASL
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Disaster Assistance: English | Spanish

The IRS is providing help to the victims of Hurricane Sandy. Special tax relief and assistance is available to taxpayers in the Presidential Disaster Areas. 

So far, the IRS filing and payment relief applies to the following localities identified by FEMA for Individual Assistance due to Hurricane Sandy:

  • In Connecticut: Fairfield, Middlesex, New Haven, and New London Counties and the Mashantucket Pequot Tribal Nation and Mohegan Tribal Nation located within New London County;

  • In Maryland: Somerset County
  • In New Jersey: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren;
  • In New York: Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Sullivan, Suffolk, Ulster and Westchester;
  • In Rhode Island: Newport and Washington counties.

The IRS also announced additional tax relief to certain affected individuals and businesses, further extending tax deadlines of that relief until April 1 for the following localities:

  • In New Jersey: Monmouth and Ocean counties.
  • In New York: Nassau, Queens, Richmond and Suffolk counties.

We are monitoring the situation closely to resolve potential tax administration issues as they are identified. The IRS often updates its information on disaster relief efforts related to Hurricane Sandy. For the latest news, check this page frequently.

News Releases

  • IR-2013-16, IRS Extends Tax Relief to Some New Jersey and New York Victims of Hurricane Sandy; Return Filing and Tax Payment Deadline Extended to April 1, 2013
  • IR-2012-96, IRS Gives Additional Time to Small, Automatically Revoked Tax-Exempt Organizations Affected by Hurricane Sandy
  • IR-2012-94, IRS Extends Hurricane Sandy Diesel Fuel Penalty Waiver to Dec. 7 for New Jersey and Parts of New York
  • IR-2012-93, Retirement Plans Can Make Loans, Hardship Distributions to Sandy Victims
  • IR-2012-91, IRS Warns Consumers of Possible Scams Relating to Hurricane Sandy Relief
  • IR-2012-91SP, IRS Advierte a Consumidores de Posibles Estafas Relacionadas a las Ayudas por el Huracán Sandy
  • IR-2012-88, Treasury, IRS Announce Special Relief to Encourage Leave-Donation Programs for Victims of Hurricane Sandy
  • IR-2012-88SP, Tesoro y IRS Anuncian Alivio Especial para Estimular Programas Que Permitan la Donación de Días de Paga a Víctimas del Huracán Sandy
  • IR-2012-87, IRS Expedites Charity Applications, Urges Use of Existing Charities
  • IR-2012-87SP, El IRS Acelera Las Solicitudes de Organizaciones Benéficas, Recomienda el Uso de Caridades Existentes
  • IR-2012-86, Treasury and IRS Expand Availability of Housing for Hurricane Sandy Victims
  • IR-2012-85, IRS Waives Diesel Fuel Penalty Due to Hurricane Sandy
  • IR-2012-84, IRS Announces Qualified Disaster Treatment of Payments to Victims of Hurricane Sandy
  • IR-2012-84SP, El IRS Anuncia el Trato de Pagos Por un Desastre Calificado para las Víctimas del Huracán Sandy
  • IR-2012-83, IRS Provides Tax Relief to Victims of Hurricane Sandy; Return Filing and Tax Payment Deadline Extended to Feb. 1, 2013
  • IR-2012-83SP, IRS Ofrece Alivio a Víctimas del Huracán Sandy; Extiende Plazo de Presentación de Declaraciones de Impuestos y Pagos al 1 de Febrero de 2013
  • IR-2012-82, IRS Gives Additional Time to Taxpayers and Preparers Affected by Hurricane Sandy; File and Pay by Nov. 7

Legal Guidance

  • Notice 2013-21, Postponement of Deadline for Making an Election to Deduct for the Preceding Taxable Year Losses Attributable to Hurricane Sandy
  • Notice 2012-71, Postponement of Deadline for Transitional Relief under Notice 2011-43 for Certain Small Organizations Affected by Hurricane Sandy
  • Notice 2012-69, Treatment of Certain Amounts Paid to Section 170(c) Organizations under Certain Employer Leave-Based Donation Programs to Aid Victims of Hurricane Sandy
  • Notice 2012-68, Low-Income Housing Credit Disaster Relief for Hurricane Sandy

Other Resources

For additional information provided by the federal government on disaster recovery, visit DisasterAssistance.gov and the Hurricane Sandy Recovery page on USA.gov. The latest Federal Emergency Management Agency disaster declarations are also available.

Related Item: Hurricane Sandy News Releases and Legal Guidance

 

Page Last Reviewed or Updated: 05-Nov-2013

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