This is the way to get a tax deduction for pure catastrophe losses

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David Hester inspects damages of his home after Hurricane Helene made landfall in Horseshoe Seaside, Florida, on September 28, 2024. 

Chandan Khanna | Afp | Getty Photos

After a pure catastrophe, some victims could also be eligible for tax aid — however qualifying could be difficult, tax specialists say.

In late September, Hurricane Helene ravaged components of Florida, Georgia, North Carolina, South Carolina, Virginia and Tennessee. Two weeks later, Hurricane Milton introduced excessive winds, tornados and flooding by means of the center of Florida.

Impacting each insured and uninsured houses, the losses from each storms may quantity to tens of billions of {dollars}.

Sure victims can amend 2023 returns to assert a tax break for current losses, generally known as the “casualty loss tax deduction,” based on the IRS. However the calculation is difficult, specialists say.

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This is a breakdown of who qualifies for the casualty loss deduction and the way the tax break works.

How you can calculate the casualty loss deduction

Earlier than 2018, taxpayers who itemize tax breaks may declare the casualty loss deduction for extra sorts of private losses, similar to dwelling harm from a fireplace or storm, defined licensed public accountant and legal professional Mark Luscombe, principal federal tax analyst for Wolters Kluwer Tax & Accounting.

However the Tax Cuts and Jobs Act of 2017 quickly restricted eligibility. Solely losses in federally declared catastrophe areas will qualify by means of 2025, he defined.

The casualty loss deduction calculation begins with your property’s “adjusted basis,” or authentic buy worth plus the price of sure enhancements, defined Beth Brennan, vice chair for the catastrophe aid tax process drive on the American Institute of Licensed Public Accountants.

You additionally must know the way a lot the truthful market worth declined because of the catastrophe, she stated.

How you can calculate the casualty loss deduction

1. Use the smaller of your adjusted foundation or pre-disaster truthful market worth

2. Subtract insurance coverage proceeds and different aid funds

3. Subtract $100 and 10% of adjusted gross revenue

“In practice, you don’t always have an appraisal of your property right before a disaster hits,” so taxpayers can use “safe harbor methods” outlined by the IRS, Brennan stated. The IRS protected harbors typically do not depend on value determinations.

After you have your property’s pre-disaster truthful market worth, you evaluate it to your adjusted foundation. You may select the smaller of these two numbers earlier than subtracting insurance coverage proceeds and different aid funds.

The ultimate step of the calculation is subtracting a $100 and 10% of your adjusted gross revenue, or AGI, which is all earnings minus sure tax breaks. 

“The higher your AGI, the greater the reduction of your loss,” stated Luscombe.

Congress approves ‘certified catastrophe losses’

In sure instances, “qualified disaster losses” are eligible for particular guidelines, however “that’s driven by Congressional action,” based on Brennan.

When there is a certified catastrophe loss, the $100 rises to $500, there isn’t a 10% AGI restrict and victims can add their loss on high of the usual deduction.

Which means they’ll declare the deduction even when they do not itemize tax breaks, Brennan stated. 

Nevertheless, “we haven’t had any qualified disasters, as designated as such by Congress since late 2020,” Brennan stated. 

“AICPA has been actively advocating for permanent uniform tax relief for all victims of disasters since 2021 — for almost four years now — because we have this inconsistent treatment,” she stated. 

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