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2012 Tax Forms 1040

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2012 Tax Forms 1040

2012 tax forms 1040 25. 2012 tax forms 1040   Nonbusiness Casualty and Theft Losses Table of Contents What's New Introduction Useful Items - You may want to see: CasualtyFamily pet. 2012 tax forms 1040 Progressive deterioration. 2012 tax forms 1040 Damage from corrosive drywall. 2012 tax forms 1040 Theft Loss on Deposits Proof of Loss Figuring a LossDecrease in Fair Market Value Adjusted Basis Insurance and Other Reimbursements Single Casualty on Multiple Properties Deduction Limits$100 Rule 10% Rule When To Report Gains and LossesDisaster Area Loss How To Report Gains and Losses What's New New Section C of Form 4684 for Ponzi-type investment schemes. 2012 tax forms 1040  Section C of Form 4684 is new for 2013. 2012 tax forms 1040 You must complete Section C if you are claiming a theft loss deduction due to a Ponzi-type investment scheme and are using Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58. 2012 tax forms 1040 Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. 2012 tax forms 1040 You do not need to complete Appendix A. 2012 tax forms 1040 For details, see Losses from Ponzi-type investment schemes , in this chapter. 2012 tax forms 1040 Introduction This chapter explains the tax treatment of personal (not business or investment related) casualty losses, theft losses, and losses on deposits. 2012 tax forms 1040 The chapter also explains the following  topics. 2012 tax forms 1040 How to figure the amount of your loss. 2012 tax forms 1040 How to treat insurance and other reimbursements you receive. 2012 tax forms 1040 The deduction limits. 2012 tax forms 1040 When and how to report a casualty or theft. 2012 tax forms 1040 Forms to file. 2012 tax forms 1040    When you have a casualty or theft, you have to file Form 4684. 2012 tax forms 1040 You will also have to file one or more of the following forms. 2012 tax forms 1040 Schedule A (Form 1040), Itemized Deductions Schedule D (Form 1040), Capital Gains and Losses Condemnations. 2012 tax forms 1040   For information on condemnations of property, see Involuntary Conversions in chapter 1 of Publication 544, Sales and Other Disposition of Assets. 2012 tax forms 1040 Workbook for casualties and thefts. 2012 tax forms 1040    Publication 584 is available to help you make a list of your stolen or damaged personal-use property and figure your loss. 2012 tax forms 1040 It includes schedules to help you figure the loss on your home, its contents, and your motor vehicles. 2012 tax forms 1040 Business or investment-related losses. 2012 tax forms 1040   For information on a casualty or theft loss of business or income-producing property, see Publication 547, Casualties, Disasters, and Thefts. 2012 tax forms 1040 Useful Items - You may want to see: Publication 544 Sales and Other Dispositions  of Assets 547 Casualties, Disasters, and   Thefts 584 Casualty, Disaster, and Theft   Loss Workbook (Personal-Use  Property) Form (and Instructions) Schedule A (Form 1040) Itemized Deductions Schedule D (Form 1040) Capital Gains and Losses 4684 Casualties and Thefts Casualty A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. 2012 tax forms 1040 A sudden event is one that is swift, not gradual or progressive. 2012 tax forms 1040 An unexpected event is one that is ordinarily unanticipated and unintended. 2012 tax forms 1040 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. 2012 tax forms 1040 Deductible losses. 2012 tax forms 1040   Deductible casualty losses can result from a number of different causes, including the following. 2012 tax forms 1040 Car accidents (but see Nondeductible losses , next, for exceptions). 2012 tax forms 1040 Earthquakes. 2012 tax forms 1040 Fires (but see Nondeductible losses , next, for exceptions). 2012 tax forms 1040 Floods. 2012 tax forms 1040 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. 2012 tax forms 1040 Mine cave-ins. 2012 tax forms 1040 Shipwrecks. 2012 tax forms 1040 Sonic booms. 2012 tax forms 1040 Storms, including hurricanes and tornadoes. 2012 tax forms 1040 Terrorist attacks. 2012 tax forms 1040 Vandalism. 2012 tax forms 1040 Volcanic eruptions. 2012 tax forms 1040 Nondeductible losses. 2012 tax forms 1040   A casualty loss is not deductible if the damage or destruction is caused by the following. 2012 tax forms 1040 Accidentally breaking articles such as glassware or china under normal conditions. 2012 tax forms 1040 A family pet (explained below). 2012 tax forms 1040 A fire if you willfully set it or pay someone else to set it. 2012 tax forms 1040 A car accident if your willful negligence or willful act caused it. 2012 tax forms 1040 The same is true if the willful act or willful negligence of someone acting for you caused the accident. 2012 tax forms 1040 Progressive deterioration (explained later). 2012 tax forms 1040 Family pet. 2012 tax forms 1040   Loss of property due to damage by a family pet is not deductible as a casualty loss unless the requirements discussed earlier under Casualty are met. 2012 tax forms 1040 Example. 2012 tax forms 1040 Your antique oriental rug was damaged by your new puppy before it was housebroken. 2012 tax forms 1040 Because the damage was not unexpected and unusual, the loss is not deductible as a casualty loss. 2012 tax forms 1040 Progressive deterioration. 2012 tax forms 1040    Loss of property due to progressive deterioration is not deductible as a casualty loss. 2012 tax forms 1040 This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. 2012 tax forms 1040 The following are examples of damage due to progressive deterioration. 2012 tax forms 1040 The steady weakening of a building due to normal wind and weather conditions. 2012 tax forms 1040 The deterioration and damage to a water heater that bursts. 2012 tax forms 1040 However, the rust and water damage to rugs and drapes caused by the bursting of a water heater does qualify as a casualty. 2012 tax forms 1040 Most losses of property caused by droughts. 2012 tax forms 1040 To be deductible, a drought-related loss generally must be incurred in a trade or business or in a transaction entered into for profit. 2012 tax forms 1040 Termite or moth damage. 2012 tax forms 1040 The damage or destruction of trees, shrubs, or other plants by a fungus, disease, insects, worms, or similar pests. 2012 tax forms 1040 However, a sudden destruction due to an unexpected or unusual infestation of beetles or other insects may result in a casualty loss. 2012 tax forms 1040 Damage from corrosive drywall. 2012 tax forms 1040   Under a special procedure, you may be able to claim a casualty loss deduction for amounts you paid to repair damage to your home and household appliances that resulted from corrosive drywall. 2012 tax forms 1040 For details, see Publication 547. 2012 tax forms 1040 Theft A theft is the taking and removing of money or property with the intent to deprive the owner of it. 2012 tax forms 1040 The taking of property must be illegal under the laws of the state where it occurred and it must have been done with criminal intent. 2012 tax forms 1040 You do not need to show a conviction for theft. 2012 tax forms 1040 Theft includes the taking of money or property by the following means. 2012 tax forms 1040 Blackmail. 2012 tax forms 1040 Burglary. 2012 tax forms 1040 Embezzlement. 2012 tax forms 1040 Extortion. 2012 tax forms 1040 Kidnapping for ransom. 2012 tax forms 1040 Larceny. 2012 tax forms 1040 Robbery. 2012 tax forms 1040 The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law. 2012 tax forms 1040 Decline in market value of stock. 2012 tax forms 1040   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. 2012 tax forms 1040 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. 2012 tax forms 1040 You report a capital loss on Schedule D (Form 1040). 2012 tax forms 1040 For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550. 2012 tax forms 1040 Mislaid or lost property. 2012 tax forms 1040   The simple disappearance of money or property is not a theft. 2012 tax forms 1040 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. 2012 tax forms 1040 Sudden, unexpected, and unusual events are defined earlier. 2012 tax forms 1040 Example. 2012 tax forms 1040 A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. 2012 tax forms 1040 The diamond falls from the ring and is never found. 2012 tax forms 1040 The loss of the diamond is a casualty. 2012 tax forms 1040 Losses from Ponzi-type investment schemes. 2012 tax forms 1040   If you had a loss from a Ponzi-type investment scheme, see: Revenue Ruling 2009-9, 2009-14 I. 2012 tax forms 1040 R. 2012 tax forms 1040 B. 2012 tax forms 1040 735 (available at www. 2012 tax forms 1040 irs. 2012 tax forms 1040 gov/irb/2009-14_IRB/ar07. 2012 tax forms 1040 html). 2012 tax forms 1040 Revenue Procedure 2009-20, 2009-14 I. 2012 tax forms 1040 R. 2012 tax forms 1040 B. 2012 tax forms 1040 749 (available at www. 2012 tax forms 1040 irs. 2012 tax forms 1040 gov/irb/2009-14_IRB/ar11. 2012 tax forms 1040 html). 2012 tax forms 1040 Revenue Procedure 2011-58, 2011-50 I. 2012 tax forms 1040 R. 2012 tax forms 1040 B. 2012 tax forms 1040 849 (available at www. 2012 tax forms 1040 irs. 2012 tax forms 1040 gov/irb/2011-50_IRB/ar11. 2012 tax forms 1040 html). 2012 tax forms 1040 If you qualify to use Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58, and you choose to follow the procedures in the guidance, first fill out Section C of Form 4684 to determine the amount to enter on Section B, line 28. 2012 tax forms 1040 Skip lines 19 to 27. 2012 tax forms 1040 Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. 2012 tax forms 1040 You do not need to complete Appendix A. 2012 tax forms 1040 For more information, see the above revenue ruling and revenue procedures, and the Instructions for Form 4684. 2012 tax forms 1040   If you choose not to use the procedures in Revenue Procedure 2009-20, you may claim your theft loss by filling out Section B, lines 19 to 39, as appropriate. 2012 tax forms 1040 Loss on Deposits A loss on deposits can occur when a bank, credit union, or other financial institution becomes insolvent or bankrupt. 2012 tax forms 1040 If you incurred this type of loss, you can choose one of the following ways to deduct the loss. 2012 tax forms 1040 As a casualty loss. 2012 tax forms 1040 As an ordinary loss. 2012 tax forms 1040 As a nonbusiness bad debt. 2012 tax forms 1040 Casualty loss or ordinary loss. 2012 tax forms 1040   You can choose to deduct a loss on deposits as a casualty loss or as an ordinary loss for any year in which you can reasonably estimate how much of your deposits you have lost in an insolvent or bankrupt financial institution. 2012 tax forms 1040 The choice is generally made on the return you file for that year and applies to all your losses on deposits for the year in that particular financial institution. 2012 tax forms 1040 If you treat the loss as a casualty or ordinary loss, you cannot treat the same amount of the loss as a nonbusiness bad debt when it actually becomes worthless. 2012 tax forms 1040 However, you can take a nonbusiness bad debt deduction for any amount of loss that is more than the estimated amount you deducted as a casualty or ordinary loss. 2012 tax forms 1040 Once you make this choice, you cannot change it without permission from the Internal Revenue Service. 2012 tax forms 1040   If you claim an ordinary loss, report it as a miscellaneous itemized deduction on Schedule A (Form 1040), line 23. 2012 tax forms 1040 The maximum amount you can claim is $20,000 ($10,000 if you are married filing separately) reduced by any expected state insurance proceeds. 2012 tax forms 1040 Your loss is subject to the 2%-of-adjusted-gross-income limit. 2012 tax forms 1040 You cannot choose to claim an ordinary loss if any part of the deposit is federally insured. 2012 tax forms 1040 Nonbusiness bad debt. 2012 tax forms 1040   If you do not choose to deduct the loss as a casualty loss or as an ordinary loss, you must wait until the year the actual loss is determined and deduct the loss as a nonbusiness bad debt in that year. 2012 tax forms 1040 How to report. 2012 tax forms 1040   The kind of deduction you choose for your loss on deposits determines how you report your loss. 2012 tax forms 1040 If you choose: Casualty loss — report it on Form 4684 first and then on Schedule A (Form 1040). 2012 tax forms 1040 Ordinary loss — report it on Schedule A (Form 1040) as a miscellaneous itemized deduction. 2012 tax forms 1040 Nonbusiness bad debt — report it on Form 8949 first and then on Schedule D (Form 1040). 2012 tax forms 1040 More information. 2012 tax forms 1040   For more information, see Special Treatment for Losses on Deposits in Insolvent or Bankrupt Financial Institutions in the Instructions for Form 4684 or Deposit in Insolvent or Bankrupt Financial Institution in Publication 550. 2012 tax forms 1040 Proof of Loss To deduct a casualty or theft loss, you must be able to prove that you had a casualty or theft. 2012 tax forms 1040 You also must be able to support the amount you take as a deduction. 2012 tax forms 1040 Casualty loss proof. 2012 tax forms 1040   For a casualty loss, your records should show all the following. 2012 tax forms 1040 The type of casualty (car accident, fire, storm, etc. 2012 tax forms 1040 ) and when it occurred. 2012 tax forms 1040 That the loss was a direct result of the casualty. 2012 tax forms 1040 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. 2012 tax forms 1040 Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 2012 tax forms 1040 Theft loss proof. 2012 tax forms 1040   For a theft loss, your records should show all the following. 2012 tax forms 1040 When you discovered that your property was missing. 2012 tax forms 1040 That your property was stolen. 2012 tax forms 1040 That you were the owner of the property. 2012 tax forms 1040 Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 2012 tax forms 1040 It is important that you have records that will prove your deduction. 2012 tax forms 1040 If you do not have the actual records to support your deduction, you can use other satisfactory evidence to support it. 2012 tax forms 1040 Figuring a Loss Figure the amount of your loss using the following steps. 2012 tax forms 1040 Determine your adjusted basis in the property before the casualty or theft. 2012 tax forms 1040 Determine the decrease in fair market value of the property as a result of the casualty or theft. 2012 tax forms 1040 From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you received or expect to receive. 2012 tax forms 1040 For personal-use property and property used in performing services as an employee, apply the deduction limits, discussed later, to determine the amount of your deductible loss. 2012 tax forms 1040 Gain from reimbursement. 2012 tax forms 1040   If your reimbursement is more than your adjusted basis in the property, you have a gain. 2012 tax forms 1040 This is true even if the decrease in the FMV of the property is smaller than your adjusted basis. 2012 tax forms 1040 If you have a gain, you may have to pay tax on it, or you may be able to postpone reporting the gain. 2012 tax forms 1040 See Publication 547 for more information on how to treat a gain from a reimbursement for a casualty or theft. 2012 tax forms 1040 Leased property. 2012 tax forms 1040   If you are liable for casualty damage to property you lease, your loss is the amount you must pay to repair the property minus any insurance or other reimbursement you receive or expect to receive. 2012 tax forms 1040 Decrease in Fair Market Value Fair market value (FMV) is the price for which you could sell your property to a willing buyer when neither of you has to sell or buy and both of you know all the relevant facts. 2012 tax forms 1040 The decrease in FMV used to figure the amount of a casualty or theft loss is the difference between the property's fair market value immediately before and immediately after the casualty or theft. 2012 tax forms 1040 FMV of stolen property. 2012 tax forms 1040   The FMV of property immediately after a theft is considered to be zero, since you no longer have the property. 2012 tax forms 1040 Example. 2012 tax forms 1040 Several years ago, you purchased silver dollars at face value for $150. 2012 tax forms 1040 This is your adjusted basis in the property. 2012 tax forms 1040 Your silver dollars were stolen this year. 2012 tax forms 1040 The FMV of the coins was $1,000 just before they were stolen, and insurance did not cover them. 2012 tax forms 1040 Your theft loss is $150. 2012 tax forms 1040 Recovered stolen property. 2012 tax forms 1040   Recovered stolen property is your property that was stolen and later returned to you. 2012 tax forms 1040 If you recovered property after you had already taken a theft loss deduction, you must refigure your loss using the smaller of the property's adjusted basis (explained later) or the decrease in FMV from the time just before it was stolen until the time it was recovered. 2012 tax forms 1040 Use this amount to refigure your total loss for the year in which the loss was deducted. 2012 tax forms 1040   If your refigured loss is less than the loss you deducted, you generally have to report the difference as income in the recovery year. 2012 tax forms 1040 But report the difference only up to the amount of the loss that reduced your tax. 2012 tax forms 1040 For more information on the amount to report, see Recoveries in chapter 12. 2012 tax forms 1040 Figuring Decrease in FMV— Items To Consider To figure the decrease in FMV because of a casualty or theft, you generally need a competent appraisal. 2012 tax forms 1040 However, other measures can also be used to establish certain decreases. 2012 tax forms 1040 Appraisal. 2012 tax forms 1040   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. 2012 tax forms 1040 The appraiser must recognize the effects of any general market decline that may occur along with the casualty. 2012 tax forms 1040 This information is needed to limit any deduction to the actual loss resulting from damage to the property. 2012 tax forms 1040   Several factors are important in evaluating the accuracy of an appraisal, including the following. 2012 tax forms 1040 The appraiser's familiarity with your property before and after the casualty or theft. 2012 tax forms 1040 The appraiser's knowledge of sales of comparable property in the area. 2012 tax forms 1040 The appraiser's knowledge of conditions in the area of the casualty. 2012 tax forms 1040 The appraiser's method of appraisal. 2012 tax forms 1040    You may be able to use an appraisal that you used to get a federal loan (or a federal loan guarantee) as the result of a federally declared disaster to establish the amount of your disaster loss. 2012 tax forms 1040 For more information on disasters, see Disaster Area Losses, in Pub. 2012 tax forms 1040 547. 2012 tax forms 1040 Cost of cleaning up or making repairs. 2012 tax forms 1040   The cost of repairing damaged property is not part of a casualty loss. 2012 tax forms 1040 Neither is the cost of cleaning up after a casualty. 2012 tax forms 1040 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. 2012 tax forms 1040 The repairs are actually made. 2012 tax forms 1040 The repairs are necessary to bring the property back to its condition before the casualty. 2012 tax forms 1040 The amount spent for repairs is not excessive. 2012 tax forms 1040 The repairs take care of the damage only. 2012 tax forms 1040 The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty. 2012 tax forms 1040 Landscaping. 2012 tax forms 1040   The cost of restoring landscaping to its original condition after a casualty may indicate the decrease in FMV. 2012 tax forms 1040 You may be able to measure your loss by what you spend on the following. 2012 tax forms 1040 Removing destroyed or damaged trees and shrubs minus any salvage you receive. 2012 tax forms 1040 Pruning and other measures taken to preserve damaged trees and shrubs. 2012 tax forms 1040 Replanting necessary to restore the property to its approximate value before the casualty. 2012 tax forms 1040 Car value. 2012 tax forms 1040    Books issued by various automobile organizations that list your car may be useful in figuring the value of your car. 2012 tax forms 1040 You can use the book's retail values and modify them by such factors as mileage and the condition of your car to figure its value. 2012 tax forms 1040 The prices are not official, but they may be useful in determining value and suggesting relative prices for comparison with current sales and offerings in your area. 2012 tax forms 1040 If your car is not listed in the books, determine its value from other sources. 2012 tax forms 1040 A dealer's offer for your car as a trade-in on a new car is not usually a measure of its true value. 2012 tax forms 1040 Figuring Decrease in FMV— Items Not To Consider You generally should not consider the following items when attempting to establish the decrease in FMV of your property. 2012 tax forms 1040 Cost of protection. 2012 tax forms 1040   The cost of protecting your property against a casualty or theft is not part of a casualty or theft loss. 2012 tax forms 1040 The amount you spend on insurance or to board up your house against a storm is not part of your loss. 2012 tax forms 1040   If you make permanent improvements to your property to protect it against a casualty or theft, add the cost of these improvements to your basis in the property. 2012 tax forms 1040 An example would be the cost of a dike to prevent flooding. 2012 tax forms 1040 Exception. 2012 tax forms 1040   You cannot increase your basis in the property by, or deduct as a business expense, any expenditures you made with respect to qualified disaster mitigation payments. 2012 tax forms 1040 See Disaster Area Losses in Publication 547. 2012 tax forms 1040 Incidental expenses. 2012 tax forms 1040   Any incidental expenses you have due to a casualty or theft, such as expenses for the treatment of personal injuries, for temporary housing, or for a rental car, are not part of your casualty or theft loss. 2012 tax forms 1040 Replacement cost. 2012 tax forms 1040   The cost of replacing stolen or destroyed property is not part of a casualty or theft loss. 2012 tax forms 1040 Sentimental value. 2012 tax forms 1040   Do not consider sentimental value when determining your loss. 2012 tax forms 1040 If a family portrait, heirloom, or keepsake is damaged, destroyed, or stolen, you must base your loss on its FMV, as limited by your adjusted basis in the property. 2012 tax forms 1040 Decline in market value of property in or near casualty area. 2012 tax forms 1040   A decrease in the value of your property because it is in or near an area that suffered a casualty, or that might again suffer a casualty, is not to be taken into consideration. 2012 tax forms 1040 You have a loss only for actual casualty damage to your property. 2012 tax forms 1040 However, if your home is in a federally declared disaster area, see Disaster Area Losses in Publication 547. 2012 tax forms 1040 Costs of photographs and appraisals. 2012 tax forms 1040    Photographs taken after a casualty will be helpful in establishing the condition and value of the property after it was damaged. 2012 tax forms 1040 Photographs showing the condition of the property after it was repaired, restored, or replaced may also be helpful. 2012 tax forms 1040    Appraisals are used to figure the decrease in FMV because of a casualty or theft. 2012 tax forms 1040 See Appraisal , earlier, under Figuring Decrease in FMV — Items To Consider, for information about appraisals. 2012 tax forms 1040   The costs of photographs and appraisals used as evidence of the value and condition of property damaged as a result of a casualty are not a part of the loss. 2012 tax forms 1040 You can claim these costs as a miscellaneous itemized deduction subject to the 2%-of-adjusted-gross-income limit on Schedule A (Form 1040). 2012 tax forms 1040 For information about miscellaneous deductions, see chapter 28. 2012 tax forms 1040 Adjusted Basis Adjusted basis is your basis in the property (usually cost) increased or decreased by various events, such as improvements and casualty losses. 2012 tax forms 1040 For more information, see chapter 13. 2012 tax forms 1040 Insurance and Other Reimbursements If you receive an insurance payment or other type of reimbursement, you must subtract the reimbursement when you figure your loss. 2012 tax forms 1040 You do not have a casualty or theft loss to the extent you are reimbursed. 2012 tax forms 1040 If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. 2012 tax forms 1040 You must reduce your loss even if you do not receive payment until a later tax year. 2012 tax forms 1040 See Reimbursement Received After Deducting Loss , later. 2012 tax forms 1040 Failure to file a claim for reimbursement. 2012 tax forms 1040   If your property is covered by insurance, you must file a timely insurance claim for reimbursement of your loss. 2012 tax forms 1040 Otherwise, you cannot deduct this loss as a casualty or theft loss. 2012 tax forms 1040 However, this rule does not apply to the portion of the loss not covered by insurance (for example, a deductible). 2012 tax forms 1040 Example. 2012 tax forms 1040 You have a car insurance policy with a $1,000 deductible. 2012 tax forms 1040 Because your insurance did not cover the first $1,000 of an auto collision, the $1,000 would be deductible (subject to the deduction limits discussed later). 2012 tax forms 1040 This is true even if you do not file an insurance claim, because your insurance policy would never have reimbursed you for the deductible. 2012 tax forms 1040 Types of Reimbursements The most common type of reimbursement is an insurance payment for your stolen or damaged property. 2012 tax forms 1040 Other types of reimbursements are discussed next. 2012 tax forms 1040 Also see the Instructions for Form 4684. 2012 tax forms 1040 Employer's emergency disaster fund. 2012 tax forms 1040   If you receive money from your employer's emergency disaster fund and you must use that money to rehabilitate or replace property on which you are claiming a casualty loss deduction, you must take that money into consideration in computing the casualty loss deduction. 2012 tax forms 1040 Take into consideration only the amount you used to replace your destroyed or damaged property. 2012 tax forms 1040 Example. 2012 tax forms 1040 Your home was extensively damaged by a tornado. 2012 tax forms 1040 Your loss after reimbursement from your insurance company was $10,000. 2012 tax forms 1040 Your employer set up a disaster relief fund for its employees. 2012 tax forms 1040 Employees receiving money from the fund had to use it to rehabilitate or replace their damaged or destroyed property. 2012 tax forms 1040 You received $4,000 from the fund and spent the entire amount on repairs to your home. 2012 tax forms 1040 In figuring your casualty loss, you must reduce your unreimbursed loss ($10,000) by the $4,000 you received from your employer's fund. 2012 tax forms 1040 Your casualty loss before applying the deduction limits discussed later is $6,000. 2012 tax forms 1040 Cash gifts. 2012 tax forms 1040   If you receive excludable cash gifts as a disaster victim and there are no limits on how you can use the money, you do not reduce your casualty loss by these excludable cash gifts. 2012 tax forms 1040 This applies even if you use the money to pay for repairs to property damaged in the disaster. 2012 tax forms 1040 Example. 2012 tax forms 1040 Your home was damaged by a hurricane. 2012 tax forms 1040 Relatives and neighbors made cash gifts to you that were excludable from your income. 2012 tax forms 1040 You used part of the cash gifts to pay for repairs to your home. 2012 tax forms 1040 There were no limits or restrictions on how you could use the cash gifts. 2012 tax forms 1040 Because it was an excludable gift, the money you received and used to pay for repairs to your home does not reduce your casualty loss on the damaged home. 2012 tax forms 1040 Insurance payments for living expenses. 2012 tax forms 1040   You do not reduce your casualty loss by insurance payments you receive to cover living expenses in either of the following situations. 2012 tax forms 1040 You lose the use of your main home because of a casualty. 2012 tax forms 1040 Government authorities do not allow you access to your main home because of a casualty or threat of one. 2012 tax forms 1040 Inclusion in income. 2012 tax forms 1040   If these insurance payments are more than the temporary increase in your living expenses, you must include the excess in your income. 2012 tax forms 1040 Report this amount on Form 1040, line 21. 2012 tax forms 1040 However, if the casualty occurs in a federally declared disaster area, none of the insurance payments are taxable. 2012 tax forms 1040 See Qualified disaster relief payments, under Disaster Area Losses in Publication 547. 2012 tax forms 1040   A temporary increase in your living expenses is the difference between the actual living expenses you and your family incurred during the period you could not use your home and your normal living expenses for that period. 2012 tax forms 1040 Actual living expenses are the reasonable and necessary expenses incurred because of the loss of your main home. 2012 tax forms 1040 Generally, these expenses include the amounts you pay for the following. 2012 tax forms 1040 Rent for suitable housing. 2012 tax forms 1040 Transportation. 2012 tax forms 1040 Food. 2012 tax forms 1040 Utilities. 2012 tax forms 1040 Miscellaneous services. 2012 tax forms 1040 Normal living expenses consist of these same expenses that you would have incurred but did not because of the casualty or the threat of one. 2012 tax forms 1040 Example. 2012 tax forms 1040 As a result of a fire, you vacated your apartment for a month and moved to a motel. 2012 tax forms 1040 You normally pay $525 a month for rent. 2012 tax forms 1040 None was charged for the month the apartment was vacated. 2012 tax forms 1040 Your motel rent for this month was $1,200. 2012 tax forms 1040 You normally pay $200 a month for food. 2012 tax forms 1040 Your food expenses for the month you lived in the motel were $400. 2012 tax forms 1040 You received $1,100 from your insurance company to cover your living expenses. 2012 tax forms 1040 You determine the payment you must include in income as follows. 2012 tax forms 1040 1) Insurance payment for living expenses $1,100 2) Actual expenses during the month you are unable to use your home because of fire 1,600   3) Normal living expenses 725   4) Temporary increase in living  expenses: Subtract line 3 from line 2 875 5) Amount of payment includible  in income: Subtract line 4  from line 1 $ 225 Tax year of inclusion. 2012 tax forms 1040   You include the taxable part of the insurance payment in income for the year you regain the use of your main home or, if later, for the year you receive the taxable part of the insurance payment. 2012 tax forms 1040 Example. 2012 tax forms 1040 Your main home was destroyed by a tornado in August 2011. 2012 tax forms 1040 You regained use of your home in November 2012. 2012 tax forms 1040 The insurance payments you received in 2011 and 2012 were $1,500 more than the temporary increase in your living expenses during those years. 2012 tax forms 1040 You include this amount in income on your 2012 Form 1040. 2012 tax forms 1040 If, in 2013, you receive further payments to cover the living expenses you had in 2011 and 2012, you must include those payments in income on your 2013 Form 1040. 2012 tax forms 1040 Disaster relief. 2012 tax forms 1040   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. 2012 tax forms 1040 Qualified disaster relief payments you receive for expenses you incurred as a result of a federally declared disaster are not taxable income to you. 2012 tax forms 1040 For more information, see Disaster Area Losses in Publication 547. 2012 tax forms 1040 Disaster unemployment assistance payments are unemployment benefits that are taxable. 2012 tax forms 1040 Generally, disaster relief grants and qualified disaster mitigation payments made under the Robert T. 2012 tax forms 1040 Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act (as in effect on April 15, 2005) are not includible in your income. 2012 tax forms 1040 See Disaster Area Losses in Publication 547. 2012 tax forms 1040 Reimbursement Received After Deducting Loss If you figured your casualty or theft loss using your expected reimbursement, you may have to adjust your tax return for the tax year in which you receive your actual reimbursement. 2012 tax forms 1040 This section explains the adjustment you may have to make. 2012 tax forms 1040 Actual reimbursement less than expected. 2012 tax forms 1040   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. 2012 tax forms 1040 Example. 2012 tax forms 1040 Your personal car had an FMV of $2,000 when it was destroyed in a collision with another car in 2012. 2012 tax forms 1040 The accident was due to the negligence of the other driver. 2012 tax forms 1040 At the end of 2012, there was a reasonable prospect that the owner of the other car would reimburse you in full. 2012 tax forms 1040 You did not have a deductible loss in 2012. 2012 tax forms 1040 In January 2013, the court awarded you a judgment of $2,000. 2012 tax forms 1040 However, in July it became apparent that you will be unable to collect any amount from the other driver. 2012 tax forms 1040 You can deduct the loss in 2013 subject to the limits discussed later. 2012 tax forms 1040 Actual reimbursement more than expected. 2012 tax forms 1040   If you later receive more reimbursement than you expected after you claimed a deduction for the loss, you may have to include the extra reimbursement in your income for the year you receive it. 2012 tax forms 1040 However, if any part of the original deduction did not reduce your tax for the earlier year, do not include that part of the reimbursement in your income. 2012 tax forms 1040 You do not refigure your tax for the year you claimed the deduction. 2012 tax forms 1040 For more information, see Recoveries in chapter 12. 2012 tax forms 1040 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. 2012 tax forms 1040 If you have already taken a deduction for a loss and you receive the reimbursement in a later year, you may have to include the gain in your income for the later year. 2012 tax forms 1040 Include the gain as ordinary income up to the amount of your deduction that reduced your tax for the earlier year. 2012 tax forms 1040 See Figuring a Gain in Publication 547 for more information on how to treat a gain from the reimbursement of a casualty or theft. 2012 tax forms 1040 Actual reimbursement same as expected. 2012 tax forms 1040   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. 2012 tax forms 1040 Example. 2012 tax forms 1040 In December 2013, you had a collision while driving your personal car. 2012 tax forms 1040 Repairs to the car cost $950. 2012 tax forms 1040 You had $100 deductible collision insurance. 2012 tax forms 1040 Your insurance company agreed to reimburse you for the rest of the damage. 2012 tax forms 1040 Because you expected a reimbursement from the insurance company, you did not have a casualty loss deduction in 2013. 2012 tax forms 1040 Due to the $100 rule (discussed later under Deduction Limits ), you cannot deduct the $100 you paid as the deductible. 2012 tax forms 1040 When you receive the $850 from the insurance company in 2014, do not report it as income. 2012 tax forms 1040 Single Casualty on Multiple Properties Personal property. 2012 tax forms 1040   Personal property is any property that is not real property. 2012 tax forms 1040 If your personal property is stolen or is damaged or destroyed by a casualty, you must figure your loss separately for each item of property. 2012 tax forms 1040 Then combine these separate losses to figure the total loss from that casualty or theft. 2012 tax forms 1040 Example. 2012 tax forms 1040 A fire in your home destroyed an upholstered chair, an oriental rug, and an antique table. 2012 tax forms 1040 You did not have fire insurance to cover your loss. 2012 tax forms 1040 (This was the only casualty or theft you had during the year. 2012 tax forms 1040 ) You paid $750 for the chair and you established that it had an FMV of $500 just before the fire. 2012 tax forms 1040 The rug cost $3,000 and had an FMV of $2,500 just before the fire. 2012 tax forms 1040 You bought the table at an auction for $100 before discovering it was an antique. 2012 tax forms 1040 It had been appraised at $900 before the fire. 2012 tax forms 1040 You figure your loss on each of these items as follows:     Chair Rug Table 1) Basis (cost) $750 $3,000 $100 2) FMV before fire $500 $2,500 $900 3) FMV after fire –0– –0– –0– 4) Decrease in FMV $500 $2,500 $900 5) Loss (smaller of (1) or  (4)) $500 $2,500 $100           6) Total loss     $3,100 Real property. 2012 tax forms 1040   In figuring a casualty loss on personal-use real property, treat the entire property (including any improvements, such as buildings, trees, and shrubs) as one item. 2012 tax forms 1040 Figure the loss using the smaller of the adjusted basis or the decrease in FMV of the entire property. 2012 tax forms 1040 Example. 2012 tax forms 1040 You bought your home a few years ago. 2012 tax forms 1040 You paid $160,000 ($20,000 for the land and $140,000 for the house). 2012 tax forms 1040 You also spent $2,000 for landscaping. 2012 tax forms 1040 This year a fire destroyed your home. 2012 tax forms 1040 The fire also damaged the shrubbery and trees in your yard. 2012 tax forms 1040 The fire was your only casualty or theft loss this year. 2012 tax forms 1040 Competent appraisers valued the property as a whole at $200,000 before the fire, but only $30,000 after the fire. 2012 tax forms 1040 (The loss to your household furnishings is not shown in this example. 2012 tax forms 1040 It would be figured separately on each item, as explained earlier under Personal property . 2012 tax forms 1040 ) Shortly after the fire, the insurance company paid you $155,000 for the loss. 2012 tax forms 1040 You figure your casualty loss as follows: 1) Adjusted basis of the entire property (land, building, and landscaping) $162,000 2) FMV of entire property before fire $200,000 3) FMV of entire property after fire 30,000 4) Decrease in FMV of entire  property $170,000 5) Loss (smaller of (1) or (4)) $162,000 6) Subtract insurance 155,000 7) Amount of loss after reimbursement $7,000 Deduction Limits After you have figured your casualty or theft loss, you must figure how much of the loss you can deduct. 2012 tax forms 1040 If the loss was to property for your personal use or your family's use, there are two limits on the amount you can deduct for your casualty or theft loss. 2012 tax forms 1040 You must reduce each casualty or theft loss by $100 ($100 rule). 2012 tax forms 1040 You must further reduce the total of all your casualty or theft losses by 10% of your adjusted gross income (10% rule). 2012 tax forms 1040 You make these reductions on Form 4684. 2012 tax forms 1040 These rules are explained next and Table 25-1 summarizes how to apply the $100 rule and the 10% rule in various situations. 2012 tax forms 1040 For more detailed explanations and examples, see Publication 547. 2012 tax forms 1040 Table 25-1. 2012 tax forms 1040 How To Apply the Deduction Limits for Personal-Use Property   $100 Rule 10% Rule General Application You must reduce each casualty or theft loss by $100 when figuring your deduction. 2012 tax forms 1040 Apply this rule after you have figured the amount of your loss. 2012 tax forms 1040 You must reduce your total casualty or theft loss by 10% of your adjusted gross income. 2012 tax forms 1040 Apply this rule after you reduce each loss by $100 (the $100 rule). 2012 tax forms 1040 Single Event Apply this rule only once, even if many pieces of property are affected. 2012 tax forms 1040 Apply this rule only once, even if many pieces of property are affected. 2012 tax forms 1040 More Than One Event Apply to the loss from each event. 2012 tax forms 1040 Apply to the total of all your losses from all events. 2012 tax forms 1040 More Than One Person— With Loss From the Same Event (other than a married couple filing jointly) Apply separately to each person. 2012 tax forms 1040 Apply separately to each person. 2012 tax forms 1040 Married Couple—With Loss From the Same Event Filing Jointly Apply as if you were one person. 2012 tax forms 1040 Apply as if you were one person. 2012 tax forms 1040 Filing Separately Apply separately to each spouse. 2012 tax forms 1040 Apply separately to each spouse. 2012 tax forms 1040 More Than One Owner (other than a married couple filing jointly) Apply separately to each owner of jointly owned property. 2012 tax forms 1040 Apply separately to each owner of jointly owned property. 2012 tax forms 1040 Property used partly for business and partly for personal purposes. 2012 tax forms 1040   When property is used partly for personal purposes and partly for business or income-producing purposes, the casualty or theft loss deduction must be figured separately for the personal-use part and for the business or income-producing part. 2012 tax forms 1040 You must figure each loss separately because the $100 rule and the 10% rule apply only to the loss on the personal-use part of the property. 2012 tax forms 1040 $100 Rule After you have figured your casualty or theft loss on personal-use property, you must reduce that loss by $100. 2012 tax forms 1040 This reduction applies to each total casualty or theft loss. 2012 tax forms 1040 It does not matter how many pieces of property are involved in an event. 2012 tax forms 1040 Only a single $100 reduction applies. 2012 tax forms 1040 Example. 2012 tax forms 1040 A hailstorm damages your home and your car. 2012 tax forms 1040 Determine the amount of loss, as discussed earlier, for each of these items. 2012 tax forms 1040 Since the losses are due to a single event, you combine the losses and reduce the combined amount by $100. 2012 tax forms 1040 Single event. 2012 tax forms 1040   Generally, events closely related in origin cause a single casualty. 2012 tax forms 1040 It is a single casualty when the damage is from two or more closely related causes, such as wind and flood damage caused by the same storm. 2012 tax forms 1040 10% Rule You must reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. 2012 tax forms 1040 Apply this rule after you reduce each loss by $100. 2012 tax forms 1040 For more information, see the Form 4684 instructions. 2012 tax forms 1040 If you have both gains and losses from casualties or thefts, see Gains and losses , later in this discussion. 2012 tax forms 1040 Example 1. 2012 tax forms 1040 In June, you discovered that your house had been burglarized. 2012 tax forms 1040 Your loss after insurance reimbursement was $2,000. 2012 tax forms 1040 Your adjusted gross income for the year you discovered the theft is $29,500. 2012 tax forms 1040 You first apply the $100 rule and then the 10% rule. 2012 tax forms 1040 Figure your theft loss deduction as follows. 2012 tax forms 1040 1) Loss after insurance $2,000 2) Subtract $100 100 3) Loss after $100 rule $1,900 4) Subtract 10% × $29,500 AGI 2,950 5) Theft loss deduction –0– You do not have a theft loss deduction because your loss after you apply the $100 rule ($1,900) is less than 10% of your adjusted gross income ($2,950). 2012 tax forms 1040 Example 2. 2012 tax forms 1040 In March, you had a car accident that totally destroyed your car. 2012 tax forms 1040 You did not have collision insurance on your car, so you did not receive any insurance reimbursement. 2012 tax forms 1040 Your loss on the car was $1,800. 2012 tax forms 1040 In November, a fire damaged your basement and totally destroyed the furniture, washer, dryer, and other items stored there. 2012 tax forms 1040 Your loss on the basement items after reimbursement was $2,100. 2012 tax forms 1040 Your adjusted gross income for the year that the accident and fire occurred is $25,000. 2012 tax forms 1040 You figure your casualty loss deduction as follows. 2012 tax forms 1040       Base-     Car ment 1) Loss $1,800 $2,100 2) Subtract $100 per incident 100 100 3) Loss after $100 rule $1,700 $2,000 4) Total loss $3,700 5) Subtract 10% × $25,000 AGI 2,500 6) Casualty loss deduction $1,200 Gains and losses. 2012 tax forms 1040   If you had both gains and losses from casualties or thefts to personal-use property, you must compare your total gains to your total losses. 2012 tax forms 1040 Do this after you have reduced each loss by any reimbursements and by $100, but before you have reduced the losses by 10% of your adjusted gross income. 2012 tax forms 1040 Casualty or theft gains do not include gains you choose to postpone. 2012 tax forms 1040 See Publication 547 for information on the postponement of gain. 2012 tax forms 1040 Losses more than gains. 2012 tax forms 1040   If your losses are more than your recognized gains, subtract your gains from your losses and reduce the result by 10% of your adjusted gross income. 2012 tax forms 1040 The rest, if any, is your deductible loss from personal-use property. 2012 tax forms 1040 Gains more than losses. 2012 tax forms 1040   If your recognized gains are more than your losses, subtract your losses from your gains. 2012 tax forms 1040 The difference is treated as capital gain and must be reported on Schedule D (Form 1040). 2012 tax forms 1040 The 10% rule does not apply to your gains. 2012 tax forms 1040 When To Report Gains and Losses Gains. 2012 tax forms 1040   If you receive an insurance or other reimbursement that is more than your adjusted basis in the destroyed or stolen property, you have a gain from the casualty or theft. 2012 tax forms 1040 You must include this gain in your income in the year you receive the reimbursement, unless you choose to postpone reporting the gain as explained in Publication 547. 2012 tax forms 1040 If you have a loss, see Table 25-2 . 2012 tax forms 1040 Table 25-2. 2012 tax forms 1040 When To Deduct a Loss IF you have a loss. 2012 tax forms 1040 . 2012 tax forms 1040 . 2012 tax forms 1040 THEN deduct it in the year. 2012 tax forms 1040 . 2012 tax forms 1040 . 2012 tax forms 1040 from a casualty, the loss occurred. 2012 tax forms 1040 in a federally declared disaster area, the disaster occurred or the year immediately before the disaster. 2012 tax forms 1040 from a theft, the theft was discovered. 2012 tax forms 1040 on a deposit treated as a:   • casualty or any ordinary loss, a reasonable estimate can be made. 2012 tax forms 1040 • bad debt, deposits are totally worthless. 2012 tax forms 1040 Losses. 2012 tax forms 1040   Generally, you can deduct a casualty loss that is not reimbursable only in the tax year in which the casualty occurred. 2012 tax forms 1040 This is true even if you do not repair or replace the damaged property until a later year. 2012 tax forms 1040   You can deduct theft losses that are not reimbursable only in the year you discover your property was stolen. 2012 tax forms 1040   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. 2012 tax forms 1040 Loss on deposits. 2012 tax forms 1040   If your loss is a loss on deposits in an insolvent or bankrupt financial institution, see Loss on Deposits , earlier. 2012 tax forms 1040 Disaster Area Loss You generally must deduct a casualty loss in the year it occurred. 2012 tax forms 1040 However, if you have a casualty loss from a federally declared disaster that occurred in an area warranting public or individual assistance (or both), you can choose to deduct the loss on your tax return or amended return for either of the following years. 2012 tax forms 1040 The year the disaster occurred. 2012 tax forms 1040 The year immediately preceding the year the disaster occurred. 2012 tax forms 1040 Gains. 2012 tax forms 1040    Special rules apply if you choose to postpone reporting gain on property damaged or destroyed in a federally declared disaster area. 2012 tax forms 1040 For those special rules, see Publication 547. 2012 tax forms 1040 Postponed tax deadlines. 2012 tax forms 1040   The IRS may postpone for up to 1 year certain tax deadlines of taxpayers who are affected by a federally declared disaster. 2012 tax forms 1040 The tax deadlines the IRS may postpone include those for filing income and employment tax returns, paying income and employment taxes, and making contributions to a traditional IRA or Roth IRA. 2012 tax forms 1040   If any tax deadline is postponed, the IRS will publicize the postponement in your area by publishing a news release, revenue ruling, revenue procedure, notice, announcement, or other guidance in the Internal Revenue Bulletin (IRB). 2012 tax forms 1040 Go to www. 2012 tax forms 1040 irs. 2012 tax forms 1040 gov/uac/Tax-Relief-in-Disaster-Situations to find out if a tax deadline has been postponed for your area. 2012 tax forms 1040 Who is eligible. 2012 tax forms 1040   If the IRS postpones a tax deadline, the following taxpayers are eligible for the postponement. 2012 tax forms 1040 Any individual whose main home is located in a covered disaster area (defined next). 2012 tax forms 1040 Any business entity or sole proprietor whose principal place of business is located in a covered disaster area. 2012 tax forms 1040 Any individual who is a relief worker affiliated with a recognized government or philanthropic organization who is assisting in a covered disaster area. 2012 tax forms 1040 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. 2012 tax forms 1040 The main home or principal place of business does not have to be located in the covered disaster area. 2012 tax forms 1040 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. 2012 tax forms 1040 The spouse on a joint return with a taxpayer who is eligible for postponements. 2012 tax forms 1040 Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose records necessary to meet a postponed tax deadline are located in the covered disaster area. 2012 tax forms 1040 Any individual visiting the covered disaster area who was killed or injured as a result of the disaster. 2012 tax forms 1040 Any other person determined by the IRS to be affected by a federally declared disaster. 2012 tax forms 1040 Covered disaster area. 2012 tax forms 1040   This is an area of a federally declared disaster in which the IRS has decided to postpone tax deadlines for up to 1 year. 2012 tax forms 1040 Abatement of interest and penalties. 2012 tax forms 1040   The IRS may abate the interest and penalties on underpaid income tax for the length of any postponement of tax deadlines. 2012 tax forms 1040 More information. 2012 tax forms 1040   For more information, see Disaster Area Losses in Publication 547. 2012 tax forms 1040 How To Report Gains and Losses Use Form 4684 to report a gain or a deductible loss from a casualty or theft. 2012 tax forms 1040 If you have more than one casualty or theft, use a separate Form 4684 to determine your gain or loss for each event. 2012 tax forms 1040 Combine the gains and losses on one Form 4684. 2012 tax forms 1040 Follow the form instructions as to which lines to fill out. 2012 tax forms 1040 In addition, you must use the appropriate schedule to report a gain or loss. 2012 tax forms 1040 The schedule you use depends on whether you have a gain or loss. 2012 tax forms 1040 If you have a: Report it on: Gain Schedule D (Form 1040) Loss Schedule A (Form 1040) Adjustments to basis. 2012 tax forms 1040   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. 2012 tax forms 1040 Amounts you spend to restore your property after a casualty increase your adjusted basis. 2012 tax forms 1040 See Adjusted Basis in chapter 13 for more information. 2012 tax forms 1040 Net operating loss (NOL). 2012 tax forms 1040    If your casualty or theft loss deduction causes your deductions for the year to be more than your income for the year, you may have an NOL. 2012 tax forms 1040 You can use an NOL to lower your tax in an earlier year, allowing you to get a refund for tax you have already paid. 2012 tax forms 1040 Or, you can use it to lower your tax in a later year. 2012 tax forms 1040 You do not have to be in business to have an NOL from a casualty or theft loss. 2012 tax forms 1040 For more information, see Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. 2012 tax forms 1040 Prev  Up  Next   Home   More Online Publications
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Life Cycle of an Exempt Organization

Organizations that meet the requirements of Internal Revenue Code section 501(a) are exempt from federal income taxation. In addition, charitable contributions made to some section 501(a) organizations by individuals and corporations are deductible under Code section 170.

This website provides information about points of intersection between organizations and the IRS. The content includes explanatory information, and links to forms that an organization may need to file with the IRS. The materials cover five stages in an organization's life cycle:

  1. Starting Out: Creating an organization under state law, acquiring an employer identification number, and identifying the appropriate federal tax classification.
  2. Applying for Exemption:  Acquiring, completing, and submitting application forms; how the IRS processes applications; and getting help from the IRS during the application process.
  3. Required Filings:  Annual exempt organization returns, unrelated business income tax filings, and other returns and reports that an organization may have to file.
  4. Ongoing Compliance:  How an organization can avoid jeopardizing its tax-exempt status, disclosure requirements, employment taxes, and other ongoing compliance issues.
  5. Significant Events:  Audits, private letter rulings, and termination procedures.

Life Cycle pages are available for the following types of organizations:

 

Page Last Reviewed or Updated: 19-Nov-2013

The 2012 Tax Forms 1040

2012 tax forms 1040 11. 2012 tax forms 1040   Employer-Provided Educational Assistance Table of Contents Introduction Working condition fringe benefit. 2012 tax forms 1040 Introduction If you receive educational assistance benefits from your employer under an educational assistance program, you can exclude up to $5,250 of those benefits each year. 2012 tax forms 1040 This means your employer should not include those benefits with your wages, tips, and other compensation shown in box 1 of your Form W-2. 2012 tax forms 1040 This also means that you do not have to include the benefits on your income tax return. 2012 tax forms 1040 You cannot use any of the tax-free education expenses paid for by your employer as the basis for any other deduction or credit, including the American opportunity credit and lifetime learning credit. 2012 tax forms 1040 Educational assistance program. 2012 tax forms 1040   To qualify as an educational assistance program, the plan must be written and must meet certain other requirements. 2012 tax forms 1040 Your employer can tell you whether there is a qualified program where you work. 2012 tax forms 1040 Educational assistance benefits. 2012 tax forms 1040   Tax-free educational assistance benefits include payments for tuition, fees and similar expenses, books, supplies, and equipment. 2012 tax forms 1040 Education generally includes any form of instruction or training that improves or develops your capabilities. 2012 tax forms 1040 The payments do not have to be for work-related courses or courses that are part of a degree program. 2012 tax forms 1040   Educational assistance benefits do not include payments for the following items. 2012 tax forms 1040 Meals, lodging, or transportation. 2012 tax forms 1040 Tools or supplies (other than textbooks) that you can keep after completing the course of instruction. 2012 tax forms 1040 Courses involving sports, games, or hobbies unless they: Have a reasonable relationship to the business of your employer, or Are required as part of a degree program. 2012 tax forms 1040 Benefits over $5,250. 2012 tax forms 1040   If your employer pays more than $5,250 in educational assistance benefits for you during the year, you must generally pay tax on the amount over $5,250. 2012 tax forms 1040 Your employer should include in your wages (Form W-2, box 1) the amount that you must include in income. 2012 tax forms 1040 Working condition fringe benefit. 2012 tax forms 1040    However, if the benefits over $5,250 also qualify as a working condition fringe benefit, your employer does not have to include them in your wages. 2012 tax forms 1040 A working condition fringe benefit is a benefit which, had you paid for it, you could deduct as an employee business expense. 2012 tax forms 1040 For more information on working condition fringe benefits, see Working Condition Benefits in chapter 2 of Publication 15-B, Employer's Tax Guide to Fringe Benefits. 2012 tax forms 1040 Prev  Up  Next   Home   More Online Publications