Abstract: Every year, many
Americans become victims of natural disasters, such as hurricanes, fires,
floods and more. Unexpected disasters may cause damage to homes and personal
property. This article defines a personal casualty loss and briefly outlines
the rules for making a personal casualty loss claim on a taxpayer’s federal
income tax return.
Many Americans have become victims of natural
disasters in 2024. Wherever you live, unexpected disasters may cause damage to
your home or personal property. What’s considered a personal casualty for tax
purposes? It’s defined as damage from a sudden, unexpected or unusual event,
such as a hurricane, tornado, flood, earthquake, fire, act of vandalism or
terrorist attack.
Through 2025, you can deduct personal
casualty losses only if you itemize on your tax return and the loss results
from a federally declared disaster. There is, however, an exception to that
general rule. Suppose you have personal casualty gains because your
insurance proceeds exceed the tax basis of the damaged or destroyed property. In
that case, you can deduct personal casualty losses that aren’t due to a
federally declared disaster up to the amount of your personal casualty gains.
When to claim a refund
A special election allows taxpayers to deduct
a casualty loss that’s due to a federally declared disaster on the tax return
for the preceding year and claim a refund. You can file an amended
return if you’ve already filed the relevant return.
This election must be made no later than six
months after the due date (without considering extensions) for filing your tax
return for the year in which the disaster occurs. However, the election itself
must be made on an original or amended return for the preceding year.
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