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Pub. 547, Casualties, Disasters, and Thefts 2005 Tax Year

Publication 547 - Introductory Material


What's New

Disaster mitigation. 

Qualified disaster mitigation payments are now nontaxable. Also, if you have a gain on the sale or other transfer of property to the government under a hazard mitigation program, you may not have to report the gain. For more information, see Qualified disaster mitigation payments and Sale of property under hazard mitigation program later under Disaster Area Losses.

If you received a qualified disaster mitigation payment or had a gain on the sale or other transfer of property to the government under a hazard mitigation program, previously included it in your income, and the time limit for amending your return for that year has not expired, you may be entitled to a refund of taxes paid. To claim any refund, individuals must file Form 1040X, Amended U.S. Individual Income Tax Return. Form 1040X must be filed within 3 years after the date you filed the original return or within 2 years after the date you paid the tax, whichever is later. A return filed early is considered filed on the due date.

Katrina Emergency Tax Relief Act of 2005. . This Act provides tax relief for persons affected by Hurricane Katrina. Under the Act, you may be entitled to other tax benefits not covered in this publication. For more details, see Publication 4492.

caution
At the time this publication went to print, Congress was considering legislation that would provide additional tax relief for those affected by Hurricanes Katrina, Rita, and Wilma. For more details, and to find out if this legislation was enacted, see Publication 4492.

Extended replacement period for property located in the Hurricane Katrina disaster area. The replacement period for property in the Hurricane Katrina disaster area that was damaged, destroyed, or stolen after August 24, 2005, has been extended from 2 to 5 years. For more information, see Replacement Period later.

Limits on personal casualty or theft losses suspended. If your loss arose in the Hurricane Katrina disaster area, the $100 rule and 10% rule do not apply. For more information, see Deduction Limits later. Qualifying losses include losses from flooding or other casualty, and from theft, that arose in the Hurricane Katrina disaster area and were caused by Hurricane Katrina. The Hurricane Katrina disaster area includes the states of Alabama, Florida, Louisiana, and Mississippi.

Reminder

Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

Introduction

This publication explains the tax treatment of casualties, thefts, and losses on deposits. A casualty occurs when your property is damaged as a result of a disaster such as a storm, fire, car accident, or similar event. A theft occurs when someone steals your property. A loss on deposits occurs when your financial institution becomes insolvent or bankrupt.

This publication discusses the following topics.

  • Definitions of a casualty, theft, and loss on deposits.

  • How to figure the amount of your gain or loss.

  • How to treat insurance and other reimbursements you receive.

  • The deduction limits.

  • When and how to report a casualty or theft.

  • The special rules for disaster area losses.

Forms to file.   When you have a casualty or theft, you have to file Form 4684. You will also have to file one or more of the following forms.
  • Schedule A (Form 1040).

  • Schedule D (Form 1040).

  • Form 4797.

For details on which form to use, see How To Report Gains and Losses, later.

Condemnations.   For information on condemnations of property, see Involuntary Conversions in chapter 1 of Publication 544.

Workbooks for casualties and thefts.   Publication 584 is available to help you make a list of your stolen or damaged personal-use property and figure your loss. It includes schedules to help you figure the loss on your home and its contents, and your motor vehicles.

  Publication 584-B is available to help you make a list of your stolen or damaged business or income-producing property and figure your loss.

Comments and suggestions.   We welcome your comments about this publication and your suggestions for future editions.

  You can write to us at the following address:


Internal Revenue Service
Individual Forms and Publications Branch
SE:W:CAR:MP:T:I
1111 Constitution Ave. NW, IR-6406
Washington, DC 20224

  We respond to many letters by telephone. Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence.

  You can email us at *[email protected]. (The asterisk must be included in the address.) Please put “Publications Comment” on the subject line. Although we cannot respond individually to each email, we do appreciate your feedback and will consider your comments as we revise our tax products.

Tax questions.   If you have a tax question, visit www.irs.gov or call 1-800-829-1040. We cannot answer tax questions at either of the addresses listed above.

Ordering forms and publications.   Visit www.irs.gov/formspubs to download forms and publications, call 1-800-829-3676, or write to the National Distribution Center at the address shown under How To Get Tax Help in the back of this publication.

Useful Items - You may want to see:

Publication

  • 523 Selling Your Home

  • 525 Taxable and Nontaxable Income

  • 550 Investment Income and Expenses

  • 551 Basis of Assets

  • 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property)

  • 584B Business Casualty, Disaster, and
    Theft Loss Workbook

Form (and Instructions)

  • Schedule A (Form 1040)
    Itemized Deductions

  • Schedule D (Form 1040)
    Capital Gains and Losses

  • 4684
    Casualties and Thefts

  • 4797
    Sales of Business Property

See How To Get Tax Help near the end of this publication for information about getting publications and forms.

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