PDF document
- 1 -
                Userid: CPM                 Schema: tipx         Leadpct: 100% Pt. size: 8          Draft               Ok to Print
AH XSL/XML      Fileid: … tions/p547/2022/a/xml/cycle06/source                                   (Init. & Date) _______

Page 1 of 22                                                                                       8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

           Publication 547
           Cat. No. 15090K                                                     Contents
                                                                               Future Developments           . . . . . . . . . . . . 1
Department 
of the     Casualties,                                                         Reminders . . . . . . . . . . . . . . . . . . . 1
Treasury
Internal                                                                       Introduction . . . . . . . . . . . . . . . . . . 2
Revenue    Disasters, and 
Service                                                                        Casualty      . . . . . . . . . . . . . . . . . . . . 2
           Thefts                                                              Theft. . . . . . . . . . . . . . . . . . . . . . . 4
                                                                               Loss on Deposits . . . . . . . . . . . . . . . 5
                                                                               Proof of Loss       . . . . . . . . . . . . . . . . . 5
           For use in preparing
                                                                               Figuring a Loss . . . . . . . . . . . . . . . . 5
           2022 Returns                                                        Deduction Limits . . . . . . . . . . . . . . . 9

                                                                               Figuring a Gain       . . . . . . . . . . . . . . .   12
                                                                               When To Report Gains and Losses . . .                 15
                                                                               Disaster Area Losses          . . . . . . . . . . .   15
                                                                               How To Report Gains and Losses              . . . .   18
                                                                               How To Get Tax Help           . . . . . . . . . . .   19
                                                                               Index       . . . . . . . . . . . . . . . . . . . . . 21

                                                                               Future Developments
                                                                               For  the  latest  information  about  developments 
                                                                               related to Pub. 547, such as legislation enacted 
                                                                               after it was published, go to IRS.gov/Pub547.

                                                                               Reminders
                                                                               Special rules and return procedures expan-
                                                                               ded  for  claiming  qualified  disaster-related 
                                                                               personal casualty losses.           The Taxpayer Cer-
                                                                               tainty and Disaster Tax Relief Act of 2019 and 
                                                                               the Taxpayer Certainty and Disaster Tax Relief 
                                                                               Act of 2020 expanded the special rules and re-
                                                                               turn procedures for personal casualty losses at-
                                                                               tributable to certain major federal disasters that 
                                                                               were declared in 2018, 2019, and 2020.
                                                                               Qualified disaster losses in those tax years 
                                                                               may  be  claimed  on  Form  4684.  See          Qualified 
                                                                               disaster loss, later, for more information.
                                                                                           You  may  have  to  file  an  amended  re-
                                                                               TIP         turn  on  Form  1040-X  to  claim  these 
                                                                                           benefits  on  your  2018,  2019,  and/or 
                                                                               2020  returns.  Form  1040-X  is  available  at 
                                                                               IRS.gov/Form1040X.  Prior  revisions  of  Form 
                                                                               4684  are  available  at      IRS.gov/Form4684.  See 
                                                                               How to report the loss on Form 1040-X, later.
                                                                               Limitation  on  personal  casualty  and  theft 
                                                                               losses.     Personal  casualty  and  theft  losses  of 
                                                                               an individual, sustained in a tax year beginning 
                                                                               after 2017, are deductible only to the extent that 
              Get forms and other information faster and easier at:            the  losses  are  attributable  to  a  federally  de-
              IRS.gov (English)         IRS.gov/Korean (한국어)               clared disaster.
              IRS.gov/Spanish (Español) IRS.gov/Russian (Pусский)          Personal casualty and theft losses attributa-
              IRS.gov/Chinese (中文)      IRS.gov/Vietnamese (Tiếng Việt)    ble to a federally declared disaster are subject 
                                                                               to  the  $100  per  casualty  and  10%  of  your 

Mar 2, 2023



- 2 -
Page 2 of 22            Fileid: … tions/p547/2022/a/xml/cycle06/source                                                                   8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

adjusted gross income (AGI) reductions unless              deposits  occurs  when  your  financial  institution   Ordering  tax  forms,  instructions,  and 
they are attributable to a qualified disaster loss.        becomes insolvent or bankrupt.                         publications.          Go  to IRS.gov/OrderForms  to 
Personal casualty and theft losses attributa-              This publication discusses the following top-          order  current  forms,  instructions,  and  publica-
ble to a qualified disaster loss are not subject to        ics.                                                   tions;  call  800-829-3676  to  order  prior-year 
the 10% of the AGI reduction and the $100 re-                 Definitions of a casualty, theft, and loss on     forms  and  instructions.  The  IRS  will  process 
duction is increased to $500.                                   deposits.                                         your  order  for  forms  and  publications  as  soon 
An exception to the rule above, limiting the                  How to figure the amount of your gain or          as possible. Don’t resubmit requests you’ve al-
personal  casualty  and  theft  loss  deduction  to             loss.                                             ready sent us. You can get forms and publica-
losses attributable to a federally declared disas-            How to treat insurance and other reim-            tions faster online.
ter, applies if you have personal casualty gains                bursements you receive.
for the tax year. For more information, see De-               The deduction limits.                             Useful Items
duction Limits, later.                                        When and how to report a casualty or theft.       You may want to see:
                                                              The special rules for disaster area losses.
Special  rules  for  capital  gains  invested  in 
qualified  opportunity  funds  (QOFs). If  you             Forms  to  file. Generally,  when  you  have  a        Publication
have a capital gain for 2022, you can invest that          casualty  or  theft,  you  have  to  file  Form  4684.     523 523 Selling Your Home
gain into a QOF and elect to defer part or all of          You may also have to file one or more of the fol-          525 525 Taxable and Nontaxable Income
the gain that you would otherwise include in in-           lowing forms.
come  until  December  31, 2026. You  may also                Schedule A (Form 1040).                               536 536 Net Operating Losses (NOLs) for 
be  able  to  permanently  exclude  gain  from  the           Schedule A (Form 1040-NR) (for nonresi-                   Individuals, Estates, and Trusts
sale or exchange of an investment in a QOF if                   dent aliens).                                         550 550 Investment Income and Expenses
the investment is held for at least 10 years. For             Schedule D (Form 1040).
information about how to elect to use these spe-              Form 4797.                                            551 551 Basis of Assets
cial  rules,  see  the  Instructions  for  Form  8949,                                                                584 584 Casualty, Disaster, and Theft Loss 
Sales and Other Dispositions of Capital Assets.            For details on which form to use, see How To 
For  additional  information,  see Opportunity             Report Gains and Losses, later.                                Workbook (Personal-Use Property)
Zones Frequently Asked Questions on IRS.gov.                                                                          584-B        584-B Business Casualty, Disaster, and
                                                           Condemnations.     For  information  on  condem-               Theft Loss Workbook
Deferral of gain invested in a QOF.    If you              nations  of  property,  see Involuntary  Conver-
realize a gain from an actual, or deemed, sale             sions in chapter 1 of Pub. 544, Sales and Other        Form (and Instructions)
or exchange with an unrelated person and dur-              Dispositions of Assets.
                                                                                                                                                Schedule A (Form 1040) 
ing  the  180-day  period  beginning  on  the  date                                                                   Schedule A (Form 1040)                           Itemized 
realizing  the  gain,  invested  an  amount  of  the       Workbooks  for  casualties  and  thefts. Pub.                  Deductions
gain in a QOF, you may be able to elect to tem-            584, Casualty, Disaster, and Theft Loss Work-              Schedule A (Form 1040-NR)                                               Schedule A (Form 1040-NR) Itemized 
porarily defer part or all of the gain that would          book  (Personal-Use  Property),  is  available  to             Deductions (for nonresident aliens)
otherwise  be  included  in  income.  If  you  make        help you make a list of your stolen or damaged 
the election, the gain is included in taxable in-          personal-use property and figure your loss. It in-         Schedule D (Form 1040)                           Schedule D (Form 1040) Capital Gains 
come only to the extent, if any, that the amount           cludes schedules to help you figure the loss on                and Losses
of realized gain exceeds the aggregate amount              your home and its contents, and your motor ve-             4684    4684 Casualties and Thefts
invested  in  a  QOF  during  the  180 day  period       hicles.                                                    4797    4797 Sales of Business Property
beginning on the date the gain was realized.               Pub.  584-B,  Business  Casualty,  Disaster, 
                                                           and  Theft  Loss  Workbook,  is  available  to  help   See How To Get Tax Help near the end of this 
How to report.  Report the gain as it would                you make a list of your stolen or damaged busi-        publication  for  information  about  getting  publi-
otherwise  be  reported  if  you  were  not  making        ness  or  income-producing  property  and  figure      cations and forms.
the election. Report the election for the amount           your loss.
invested  in  a  QOF  on  Form  8949.  See  the  In-
structions for Form 8949 for information on how            Comments  and  suggestions.      We  welcome           Casualty
to  make  the  election.  You  will  need  to  attach      your comments about this publication and sug-
Form  8997  annually  until  you  dispose  of  the         gestions for future editions.                          A casualty is the damage, destruction, or loss of 
QOF  investment.  See  the  Form  8997  instruc-           You  can  send  us  comments  through                  property resulting from an identifiable event that 
tions for more information.                                IRS.gov/FormComments.  Or,  you  can  write  to        is sudden, unexpected, or unusual.
QOF investment. If you held a qualified invest-            the  Internal  Revenue  Service,  Tax  Forms  and        A sudden event is one that is swift, not 
ment in a QOF at any time during the year, you             Publications,  1111  Constitution  Ave.  NW,               gradual or progressive.
must file your return with Form 8997 attached.             IR-6526, Washington, DC 20224.                           An unexpected event is one that is ordina-
See the Form 8997 instructions.                            Although  we  can’t  respond  individually  to             rily unanticipated and unintended.
                                                           each comment received, we do appreciate your             An unusual event is one that isn’t a 
Photographs of missing children.   The Inter-              feedback and will consider your comments and               day-to-day occurrence and that isn’t typical 
nal Revenue Service is a proud partner with the            suggestions as we revise our tax forms, instruc-           of the activity in which you were engaged.
National  Center  for  Missing  &  Exploited               tions,  and  publications. Don’t send  tax  ques-
Children®  (NCMEC).  Photographs  of  missing              tions, tax returns, or payments to the above ad-       Casualty  losses  are  deductible  during  the 
children selected by the Center may appear in              dress.                                                 tax year that the loss is sustained. This is gen-
this publication on pages that would otherwise                                                                    erally the tax year that the loss occurred. How-
be  blank.  You  can  help  bring  these  children         Getting  answers  to  your  tax  questions.            ever, a casualty loss may be sustained in a year 
home by looking at the photographs and calling             If you have a tax question not answered by this        after the casualty occurred. See                                            When To Re-
1-800-THE-LOST  (1-800-843-5678)  if you rec-              publication or the How To Get Tax Help section         port Gains and Losses and Table 3, later.
ognize a child.                                            at the end of this publication, go to the IRS In-
                                                           teractive  Tax  Assistant  page  at IRS.gov/           Definitions.           Three  specific  types  of  casualty 
                                                           Help/ITA where you can find topics by using the        losses are described in this publication.
Introduction                                               search feature or viewing the categories listed.
                                                                                                                  1.  Federal casualty losses.
This  publication  explains  the  tax  treatment  of       Getting tax forms, instructions, and pub-              2.  Disaster losses.
casualties,  thefts,  and  losses  on  deposits.  A        lications. Go  to  IRS.gov/Forms  to  download 
casualty occurs when your property is damaged              current  and  prior-year  forms,  instructions,  and   3.  Qualified disaster losses.
as  a  result  of  a  disaster  such  as  a  storm,  fire, publications.
car  accident,  or  similar  event.  A  theft  occurs                                                             All three types of losses refer to federally de-
when someone steals your property. A loss on                                                                      clared disasters, but the requirements for each 
Page 2                                                                                                                                          Publication 547 (2022)



- 3 -
Page 3 of 22             Fileid: … tions/p547/2022/a/xml/cycle06/source                                                        8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

loss vary. A federally declared disaster is a dis-        See IRS.gov/DisasterTaxRelief for date-spe-           A car accident if your willful negligence or 
aster determined by the President of the United           cific  declarations  associated  with  these  disas-    willful act caused it. The same is true if the 
States to warrant assistance by the federal gov-          ters and for more information.                          willful act or willful negligence of someone 
ernment under the Stafford Act. A federally de-                                                                   acting for you caused the accident.
clared  disaster  includes  (a)  a  major  disaster       Deductible losses.   For tax      years    2018       Progressive deterioration (explained be-
declaration,  or  (b)  an  emergency  declaration         through 2025, if you are an individual, casualty        low). However, see Special Procedure for 
under the Stafford Act.                                   losses of personal-use property are deductible          Damage From Corrosive Drywall, later.
                                                          only if the loss is attributable to a federally de-
Federal  casualty  loss. A  federal  casualty             clared  disaster  (federal  casualty  loss).  If  the Family  pet.   Loss  of  property  due  to  dam-
loss  is  an  individual’s  casualty  or  theft  loss  of event causing you to suffer a personal casualty       age by a family pet isn’t deductible as a casu-
personal-use  property  that  is  attributable  to  a     loss (not attributed to a federally declared dis-     alty  loss  unless  the  requirements  discussed 
federally  declared  disaster.  The  casualty  loss       aster) occurred before January 1, 2018, but the       earlier under Casualty are met.
must occur in a state receiving a federal disas-          casualty loss wasn’t sustained until January 1, 
ter  declaration.  If  you  suffered  a  federal  casu-   2018, or later, the casualty loss isn’t deductible.   Example.      Your  antique  oriental  rug  was 
alty  loss,  you  are  eligible  to  claim  a  casualty   See  When To Report Gains and Losses, later,          damaged  by  your  new  puppy  before  it  was 
loss  deduction.  If  you  suffered  a  casualty  or      for more information on when a casualty loss is       housebroken. Because the damage wasn’t un-
theft  loss  of  personal-use  property  that  wasn’t     sustained.                                            expected and unusual, the loss isn’t deductible 
attributable  to  a  federally  declared  disaster,  it                                                         as a casualty loss.
isn’t  a  federal  casualty  loss,  and  you  may  not    Example.     As a result of a storm, a tree fell      Progressive  deterioration.      Loss  of  prop-
claim a casualty loss deduction unless the ex-            on your house in December 2020, and you suf-          erty  due  to  progressive  deterioration  isn’t  de-
ception applies. See the Caution under Deduc-             fered  $5,000  in  damage.  The  President  didn’t    ductible as a casualty loss. This is because the 
tible losses, later.                                      declare the storm a federally declared disaster.      damage results from a steadily operating cause 
Disaster loss.       A disaster loss is a loss that       You filed a claim with your insurance company         or a normal process, rather than from a sudden 
is  attributable  to  a  federally  declared  disaster    and reasonably expected the entire amount of          event.  The  following  are  examples  of  damage 
and  that  occurs  in  an  area  eligible  for  assis-    the claim to be covered by your insurance com-        due to progressive deterioration.
tance  pursuant  to  the  Presidential  declaration.      pany.  In  January  2022,  your  insurance  com-      The steady weakening of a building due to 
The disaster loss must occur in a county eligible         pany paid you $3,000 and determined it didn’t           normal wind and weather conditions.
for public or individual assistance (or both). Dis-       owe you the remaining $2,000 from your claim.         The deterioration and damage to a water 
aster  losses  aren’t  limited  to  individual  per-      The $2,000 personal casualty loss is sustained          heater that bursts. However, the rust and 
sonal-use property and may be claimed for indi-           in  2022  even  though  the  storm  occurred  in        water damage to rugs and drapes caused 
vidual  business  or  income-producing  property          2020. Thus, the $2,000 isn’t a federal casualty         by the bursting of a water heater does 
and by corporations, S corporations, and part-            loss and isn’t deductible as a casualty loss un-        qualify as a casualty.
nerships. If you suffered a disaster loss, you are        der the new limitations.                              Most losses of property caused by 
eligible to claim a casualty loss deduction and                   An exception to the rule limiting the de-       droughts. To be deductible, a drought-rela-
                                                                                                                  ted loss must generally be incurred in a 
to  elect  to  claim  the  loss  in  the  preceding  tax  !       duction for personal casualty and theft         trade or business or in a transaction en-
year. See Disaster Area Losses, later.                    CAUTION losses  to  federal  casualty  losses  ap-
Qualified disaster loss. A qualified disas-               plies where you have personal casualty gains.           tered into for profit.
ter  loss  also  includes  an  individual's  casualty     In this case, you may deduct personal casualty        Termite or moth damage.
and  theft  loss  of  personal-use  property  that  is    losses that aren’t attributable to a federally de-    The damage or destruction of trees, 
attributable to:                                          clared disaster to the extent they don’t exceed         shrubs, or other plants by a fungus, dis-
A major disaster declared by the President              your personal casualty gains.                           ease, insects, worms, or similar pests. 
                                                                                                                  However, a sudden destruction due to an 
  under section 401 of the Stafford Act in                Casualty losses can result from a number of             unexpected or unusual infestation of bee-
  2016;                                                   different causes, including the following.              tles or other insects may result in a casu-
Hurricane Harvey;                                          Car accidents (but see Nondeductible los-          alty loss.
Tropical Storm Harvey;                                       ses next for exceptions).
Hurricane Irma;                                            Earthquakes.
Hurricane Maria;                                           Fires (but see Nondeductible losses next         Special Procedure for 
The California wildfires in 2017 and Janu-                   for exceptions).                                 Damage From Corrosive 
  ary 2018;                                                  Floods.                                          Drywall
A major disaster that was declared by the                  Government-ordered demolition or reloca-
  President under section 401 of the Stafford                  tion of a home that is unsafe to use be-                 Because  the  personal  casualty  losses 
  Act and that occurred in 2018 and before                     cause of a disaster as discussed under           !       claimed  under  this  special  procedure 
  December 21, 2019, and continued no                          Disaster Area Losses, later.                     CAUTION aren’t  attributable  to  a  federally  de-
  later than January 19, 2020 (except those                  Mine cave-ins.                                   clared  disaster,  they’re  only  deductible  to  the 
  attributable to the California wildfires in                Shipwrecks.                                      extent such losses don’t exceed your personal 
  January 2018 that received prior relief);                  Sonic booms.                                     casualty gains.
  and                                                        Storms, including hurricanes and torna-
A major disaster that was declared by the                    does.                                            If you suffered property losses due to the ef-
  President during the period between Janu-                  Terrorist attacks.                               fects  of  certain  imported  drywall  installed  in 
  ary 1, 2020, and February 25, 2021. Also,                  Vandalism.                                       homes  between  2001  and  2009,  under  a  spe-
  this disaster must have an incident period                 Volcanic eruptions.                              cial  procedure,  you  can  deduct  the  amounts 
  that began on or after December 28, 2019, 
  and on or before December 27, 2020, and                 Nondeductible  losses.   A  casualty  loss  isn’t     you  paid  to  repair  damage  to  your  home  and 
  must have ended no later than January 26,               deductible, even to the extent the loss doesn’t       household appliances due to corrosive drywall. 
  2021. A qualified disaster does not include             exceed  your  personal  casualty  gains,  if  the     Under  this  procedure,  you  treat  the  amounts 
  those losses attributable to any major dis-             damage or destruction is caused by the follow-        paid for repairs as a casualty loss in the year of 
  aster which has been declared only by rea-              ing.                                                  payment.  For  example,  amounts  you  paid  for 
  son of COVID-19.                                           Accidentally breaking articles such as           repairs in 2022 are deductible on your 2022 tax 
If you suffered a qualified disaster loss, you                 glassware or china under normal condi-           return and amounts you paid for repairs in 2021 
are eligible to claim a casualty loss deduction,               tions.                                           are deductible on your 2021 tax return.
to  elect  to  claim  the  loss  in  the  preceding  tax     A family pet (explained below).                  Note.   If  you  paid  for  any  repairs  before 
year,  and  to  deduct  the  loss  without  itemizing        A fire if you willfully set it, or pay someone   2022 and you choose to follow this special pro-
other deductions on Schedule A (Form 1040).                    else to set it.                                  cedure,  you  can  amend  your  return  for  the 
Publication 547 (2022)                                                                                                                               Page 3



- 4 -
Page 4 of 22              Fileid: … tions/p547/2022/a/xml/cycle06/source                                                8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

earlier  year  by  filing  Form  1040-X,  Amended             If  you  have  a  pending  claim  for  reim-    diamond  necklace  was  stolen,  resulting  in  a 
U.S. Individual Income Tax Return, and attach-         !      bursement (or you intend to pursue re-          $15,500  casualty  loss.  Martin  and  Grace  also 
ing a completed Form 4684 for the appropriate         CAUTION imbursement),  you  may  have  income           lost their camper as a result of a lightning strike. 
year. Form 4684 for the appropriate year can be       or an additional deduction in a later tax year de-      They have replacement-value insurance on the 
found at IRS.gov. Generally, Form 1040-X must         pending on the actual amount of reimbursement           camper,  so  they  have  a  $13,000  gain.  Finally, 
be filed within 3 years after the date the original   received.  See  Reimbursement  Received  After          they lost their car in a flood determined to be a 
return was filed or within 2 years after the date     Deducting Loss, later.                                  federally declared disaster, resulting in a casu-
the tax was paid, whichever is later.                                                                         alty loss of $25,000. Because Martin and Grace 
                                                       Lines 10–18.       Complete these lines accord-        experienced  a  $13,000  personal  casualty  gain 
Corrosive  drywall. For  purposes  of  this  spe-     ing to the Instructions for Form 4684.                  as a result of the replacement-value insurance, 
cial  procedure,  “corrosive  drywall”  means  dry-                                                           they can offset that gain with a portion of their 
wall that is identified as problem drywall under      Choosing  not  to  follow  this  special  proce-        loss  attributable  to  the  stolen  necklace  and 
the two-step identification method published by       dure. If  you  choose not  to  follow  this  special    claim  the  full  federal  casualty  loss  of  $25,000 
the  Consumer  Product  Safety  Commission            procedure,  you  are  subject  to  all  of  the  provi- subject to the $100 and 10% of AGI reductions.
(CPSC) and the Department of Housing and Ur-          sions that apply to the deductibility of casualty 
ban  Development  (HUD)  in  their  interim  guid-    losses,  and  you  must  complete  lines  1–9  ac-      Decline in market value of stock. You can’t 
ance dated January 28, 2010, as revised by the        cording to the Instructions for Form 4684. This         deduct  as  a  theft  loss  the  decline  in  market 
CPSC  and  HUD.  The  revised  identification         means,  for  example,  that  you  must  establish       value of stock acquired on the open market for 
guidance and remediation guidelines are avail-        that the damage, destruction, or loss of property       investment  if  the  decline  is  caused  by  disclo-
able  at CPSC.gov/en/Safety-Education/Safety-         resulted  from  an  identifiable  event  as  defined    sure of accounting fraud or other illegal miscon-
Education-Centers/Drywall-Information-Center.         earlier  under Casualty.  Furthermore,  you  must       duct by the officers or directors of the corpora-
                                                      have proof that shows the following.                    tion that issued the stock. However, you may be 
Special  instructions  for  completing  Form          The loss is properly deductible in the tax            able to deduct it as a capital loss on Schedule D 
4684. If you choose to follow this special pro-         year you claimed it and not in some other             (Form 1040) if the stock is sold or exchanged or 
cedure,  complete  Form  4684,  Section  A,  ac-        year. See When To Report Gains and Los-               becomes completely worthless. For more infor-
cording to the instructions below. The IRS won’t        ses, later.                                           mation about stock sales, worthless stock, and 
challenge  your  treatment  of  damage  resulting     The amount of the claimed loss. See Proof             capital losses, see chapter 4 of Pub. 550.
from corrosive drywall as a casualty loss if you        of Loss, later.
determine and report the loss as explained be-        No claim for reimbursement of any portion             Mislaid  or  lost  property. The  simple  disap-
low.                                                    of the loss exists for which there is a rea-          pearance  of  money  or  property  isn’t  a  theft. 
                                                        sonable prospect of recovery. See When                However, an accidental loss or disappearance 
Top  margin  of  Form  4684.       Enter  “Reve-        To Report Gains and Losses, later.                    of property can qualify as a casualty if it results 
nue Procedure 2010-36.”                                                                                       from an identifiable event that is sudden, unex-
Line  1. Enter  the  information  required  by                                                                pected,  or  unusual.  Sudden,  unexpected,  and 
the line 1 instructions.                              Theft                                                   unusual  events  were  defined  earlier  under 
                                                                                                              Casualty.
Line 2.  Skip this line.                              A theft is the taking and removing of money or 
Line  3. Enter  the  amount  of  insurance  or        property with the intent to deprive the owner of        Example.  A  car  door  is  accidentally  slam-
other  reimbursements  you  received  (including      it. The taking of property must be illegal under        med on your hand, breaking the setting of your 
through litigation). If none, enter -0-.              the  law  of  the  state  where  it  occurred  and  it  diamond  ring.  The  diamond  falls  from  the  ring 
                                                      must have been done with criminal intent. You           and is never found. The loss of the diamond is a 
Lines 4–7.    Skip these lines.                       don’t need to show a conviction for theft.              casualty. 
Line 8.  Enter the amount you paid to repair           Theft includes the taking of money or prop-            Losses    from      Ponzi-type  investment 
the damage to your home and household appli-          erty by the following means.                            schemes.  The  IRS  has  issued  the  following 
ances  due  to  corrosive  drywall.  Enter  only  the   Blackmail.                                            guidance to assist taxpayers who are victims of 
amounts you paid to restore your home to the          
condition existing immediately before the dam-        Burglary.                                             losses from Ponzi-type investment schemes.
age. Don’t enter any amounts you paid for im-         Embezzlement.                                         Revenue Ruling 2009-9, 2009-14 I.R.B. 
provements  or  additions  that  increased  the       Extortion.                                              735 (available at IRS.gov/irb/
value of your home above its pre-loss value. If       Kidnapping for ransom.                                  2009-14_IRB#RR-2009-9).
you replaced a household appliance instead of         Larceny.                                              Revenue Procedure 2009-20, 2009-14 
repairing it, enter the lesser of:                    Robbery.                                                I.R.B. 749 (available at IRS.gov/irb/
                                                                                                                2009-14_IRB#RP-2009-20).
The current cost to replace the original ap-        The taking of money or property through fraud           Revenue Procedure 2011-58, 2011-50 
  pliance, or                                         or misrepresentation is theft if it is illegal under      I.R.B. 849 (available at IRS.gov/irb/
The basis of the original appliance (gener-         state or local law.                                       2011-50_IRB#RP-2011-58).
  ally its cost).
                                                      Theft  loss  deduction  limited. For  tax  years        If  you  qualify  to  use  Revenue  Procedure 
Line 9.  If line 8 is more than line 3, do one        2018  through  2025,  if  you  are  an  individual,     2009-20,  as  modified  by  Revenue  Procedure 
of the following.                                     casualty and theft losses of personal-use prop-         2011-58,  and  you  choose  to  follow  the  proce-
1. If you have a pending claim for reimburse-         erty are deductible only if the losses are attribut-    dures in the guidance, first fill out Section C of 
     ment (or you intend to pursue reimburse-         able  to  a  federally  declared  disaster  (federal    Form 4684 to determine the amount to enter on 
     ment), enter 75% of the difference be-           casualty loss).                                         Section B, line 28. Skip lines 19 through 27, but 
                                                                                                              you must fill out Section B, lines 29 through 39, 
     tween lines 3 and 8.                                     An exception to the rule limiting the de-       as appropriate. Section C of Form 4684 repla-
2. If item (1) doesn’t apply to you, enter the         !      duction for personal casualty and theft         ces  Appendix  A  in  Revenue  Procedure 
     full amount of the difference between lines      CAUTION losses  to  federal  casualty  losses  ap-      2009-20. You don’t need to complete Appendix 
     3 and 8.                                         plies where you have personal casualty gains.           A. For more information, see the above revenue 
                                                      In this case, you may deduct personal casualty          ruling and revenue procedures, and the Instruc-
If line 8 is less than or equal to line 3, you can’t  losses that aren’t attributable to a federally de-      tions for Form 4684.
claim a casualty loss deduction using this spe-       clared disaster to the extent they don’t exceed         If you choose not to use the procedures in 
cial procedure.                                       your personal casualty gains.                           Revenue  Procedure  2009-20,  as  modified  by 
                                                                                                              Revenue  Procedure  2011-58,  you  may  claim 
                                                       Example.      Martin  and  Grace  experienced          your theft loss by filling out Section B, lines 19 
                                                      multiple  personal  casualties  in  2022.  Grace’s      through 39, as appropriate.
Page 4                                                                                                                            Publication 547 (2022)



- 5 -
Page 5 of 22          Fileid: … tions/p547/2022/a/xml/cycle06/source                                                          8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Table 1. Reporting Loss on Deposits                                                                              3. From the smaller of the amounts you de-
                                                                                                                       termined in (1) and (2), subtract any insur-
IF you choose to report the loss as a...                 THEN report it on...                                          ance or other reimbursement you received 
casualty loss (see Casualty loss limitation under        Form 4684 and Schedule A (Form 1040).                         or expect to receive.
Loss on Deposits)                                                                                                For personal-use property, apply the deduction 
nonbusiness bad debt                                     Form 8949 and Schedule D (Form 1040).                   limits, discussed later, to determine the amount 
                                                                                                                 of your deductible loss.
Note  that  the  personal-use  property  limita-       More  information.  For  more  information,  see          Gain  from  reimbursement.       If  your  reim-
tion for tax years 2018 through 2025 does not          Deposit in Insolvent or Bankrupt Financial Insti-         bursement is more than your adjusted basis in 
apply to losses on income-producing property,          tution in Pub. 550.                                       the property, you have a gain. This is true even 
such  as  losses  from  Ponzi-type  investment                                                                   if  the  decrease  in  the  FMV  of  the  property  is 
schemes.                                               Deducted  loss  recovered.   If  you  recover  an         smaller than your adjusted basis. If you have a 
                                                       amount  you  deducted  as  a  loss  in  an  earlier       gain, you may have to pay tax on it, or you may 
                                                       year,  you  may  have  to  include  the  amount  re-      be able to postpone reporting the gain. See Fig-
Loss on Deposits                                       covered in your income for the year of recovery.          uring a Gain, later.
                                                       If  any  part  of  the  original  deduction  didn’t  re-
A  loss  on  deposits  can  occur  when  a  bank,      duce your tax in the earlier year, you don’t have         Business or income-producing property. 
credit  union,  or  other  financial  institution  be- to  include  that  part  of  the  recovery  in  your  in- If you have business or income-producing prop-
comes insolvent or bankrupt. If you incurred this      come. For more information, see Recoveries in             erty, such as rental property, and it is stolen or 
type of loss, you can choose one of the follow-        Pub. 525.                                                 completely  destroyed,  the  decrease  in  FMV 
ing ways to deduct the loss.                                                                                     isn’t considered. Your loss is figured as follows:
As a casualty loss (to the extent the loss 
  doesn’t exceed your personal casualty                Proof of Loss                                                   Your adjusted basis in the property
  gains).
As a nonbusiness bad debt.                           To deduct a casualty or theft loss, you must be                               MINUS
                                                       able to show that there was a casualty or theft.                       Any salvage value
         You can no longer claim any miscella-         You  must  also  be  able  to  support  the  amount 
!        neous  itemized  deductions,  including       you take as a deduction.                                                      MINUS
CAUTION  the  deduction  for  an  ordinary  loss  on 
                                                                                                                     Any insurance or other reimbursement 
deposits in insolvent or bankrupt financial insti-     Casualty loss proof. For a casualty loss, you                                 you 
tutions.                                               should be able to show all of the following.                     receive or expect to receive
                                                       That you were the owner of the property, or 
Casualty  loss. You  can  choose  to  deduct  a          if you leased the property from someone                 Loss  of  inventory.       There  are  two  ways 
loss on deposits as a casualty loss for any year         else, that you were contractually liable to             you can deduct a casualty or theft loss of inven-
in  which  you  can  reasonably  estimate  how           the owner for the damage.                               tory,  including  items  you  hold  for  sale  to  cus-
much of your deposits you have lost in an insol-       The type of casualty (car accident, fire,               tomers.
vent or bankrupt financial institution. The choice       storm, etc.) and when it occurred.                      One way is to deduct the loss through the in-
is generally made on the return you file for that      That the loss was a direct result of the                crease in the cost of goods sold by properly re-
year and applies to all your losses on deposits          casualty.                                               porting  your  opening  and  closing  inventories. 
for the year in that particular financial institution. Whether a claim for reimbursement exists                Don’t claim this loss again as a casualty or theft 
If you treat the loss as a casualty loss, you can’t      for which there is a reasonable expectation             loss. If you take the loss through the increase in 
treat the same amount of the loss as a nonbusi-          of recovery.                                            the cost of goods sold, include any insurance or 
ness bad debt when it actually becomes worth-                                                                    other reimbursement you receive for the loss in 
less. However, you can take a nonbusiness bad          Theft loss proof.   For a theft loss, you should 
debt  deduction  for  any  amount  of  loss  that  is  be able to show all of the following.                     gross income.
more than the estimated amount you deducted            That you were the owner of the property.                The  other  way  is  to  deduct  the  loss  sepa-
as a casualty or ordinary loss. Once you make          That your property was stolen.                          rately. If you deduct it separately, eliminate the 
the choice, you can’t change it without permis-        When you discovered your property was                   affected inventory items from the cost of goods 
sion from the IRS.                                       missing.                                                sold  by  making  a  downward  adjustment  to 
                                                       Whether a claim for reimbursement exists                opening  inventory  or  purchases.  Reduce  the 
Casualty loss limitation.     If you are an in-          for which there is a reasonable expectation             loss by the reimbursement you received. Don’t 
dividual, casualty losses of personal-use prop-          of recovery.                                            include  the  reimbursement  in  gross  income.  If 
erty are deductible only if the loss is attributable                                                             you don’t receive the reimbursement by the end 
to a federally declared disaster. An exception to              It  is  important  that  you  have  records       of the year, you may not claim a loss to the ex-
the  rule  limiting  the  deduction  for  personal             that  will  prove  your  deduction.  If  you      tent you have a reasonable prospect of recov-
casualty and theft losses to federal casualty los-     RECORDS don’t  have  the  actual  records  to  sup-       ery.
ses applies where you have personal casualty           port your deduction, you can use other satisfac-
gains. Because a loss on deposits isn’t attribut-      tory evidence to support it.                              Leased property.        If you are liable for casu-
able  to  a  federally  declared  disaster,  you  may                                                            alty damage to property you lease, your loss is 
deduct losses on deposits as personal casualty                                                                   the amount you must pay to repair the property 
losses only to the extent they don’t exceed your                                                                 minus  any  insurance  or  other  reimbursement 
personal casualty gains.                               Figuring a Loss                                           you receive or expect to receive.
Nonbusiness bad debt.    If you don’t choose to        To  determine  your  deduction  for  a  casualty  or      Separate computations.     Generally, if a single 
claim the loss as a casualty loss for purposes of      theft loss, you must first figure your loss.              casualty or theft involves more than one item of 
offsetting gains, you must wait until the year the                                                               property, you must figure the loss on each item 
actual  loss  is  determined  and  deduct  the  loss   Amount  of  loss.   Figure  the  amount  of  your         separately.  Then  combine  the  losses  to  deter-
as a nonbusiness bad debt in that year.                loss using the following steps.                           mine the total loss from that casualty or theft.
                                                       1. Determine your adjusted basis in the prop-             Exception  for  personal-use  real  prop-
How  to  report. The  kind  of  deduction  you           erty before the casualty or theft.                      erty. In  figuring  a  casualty  loss  on  per-
choose  for  your  loss  on  deposits  determines                                                                sonal-use real property, the entire property (in-
how you report your loss. See Table 1.                 2. Determine the decrease in fair market 
                                                         value (FMV) of the property as a result of              cluding  any  improvements,  such  as  buildings, 
                                                         the casualty or theft.
Publication 547 (2022)                                                                                                                                Page 5



- 6 -
Page 6 of 22           Fileid: … tions/p547/2022/a/xml/cycle06/source                                                        8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

trees, and shrubs) is treated as one item. Figure         Several  factors  are  important  in  evaluating           repairs you actually make. But the special safe 
the loss using the smaller of the following.              the accuracy of an appraisal, including the fol-           harbor  methods  in  Revenue  Procedure 
  The decrease in FMV of the entire prop-               lowing.                                                    2018-08, 2018-2 I.R.B. 286, allow you to deter-
    erty.                                                 The appraiser’s familiarity with your prop-              mine the decrease in FMV in other ways.
  The adjusted basis of the entire property.              erty before and after the casualty or theft.
See     Real  property  under Figuring  the  De-          The appraiser’s knowledge of sales of                            If you are an individual, casualty losses 
duction, later.                                             comparable property in the area.                         !       of  personal-use  property  are  deducti-
                                                          The appraiser’s knowledge of conditions in               CAUTION ble  only  if  the  loss  is  attributable  to  a 
                                                            the area of the casualty.                                federally declared disaster. An exception to the 
Decrease in FMV                                           The appraiser’s method of appraisal.                     rule limiting the deduction for personal casualty 
                                                                                                                     and  theft  losses  applies  if  you  have  personal 
                                                                  You  may  be  able  to  use  an  appraisal         casualty  gains.  In  this  case,  you  may  deduct 
FMV is the price for which you could sell your            TIP     that you used to get a federal loan (or a          personal casualty losses that aren’t attributable 
property to a willing buyer when neither of you                   federal loan guarantee) as the result of           to  a  federally  declared  disaster  to  the  extent 
has to sell or buy and both of you know all the           a  federally  declared  disaster  to  establish  the       they don’t exceed your personal casualty gains.
relevant facts.                                           amount of your disaster loss. For more informa-
The  decrease  in  FMV  used  to  figure  the             tion  on  disasters,  see Disaster  Area  Losses,          Special procedure for determining casualty 
amount of a casualty or theft loss is the differ-         later.                                                     and  theft  losses  generally. Revenue  Proce-
ence between the property’s FMV immediately                                                                          dure  2018-08,  2018-2  I.R.B.  286,  available  at 
before  and  immediately  after  the  casualty  or        Cost of cleaning up or making repairs.     The             IRS.gov/irb/2018-02_IRB#RP-2018-08,      pro-
theft.                                                    cost of repairing damaged property isn’t part of           vides safe harbor methods that you may use to 
                                                          a casualty loss. Neither is the cost of cleaning           figure the amount of your casualty and theft los-
FMV of stolen property.      The FMV of property          up after a casualty. But you can use the cost of           ses  of  your  personal-use  residential  real  prop-
immediately  after  a  theft  is  considered  to  be      cleaning up or of making repairs after a casualty          erty and personal belongings. If you qualify for 
zero because you no longer have the property.             as  a  measure  of  the  decrease  in  FMV  if  you        and  use  a  safe  harbor  method  described  in 
                                                          meet all the following conditions.                         Revenue  Procedure  2018-08,  the  IRS  won’t 
Example.        Several  years  ago,  you  pur-           The repairs are actually made.                           challenge your determination. The use of a safe 
chased  silver  dollars  at  face  value  for  $150.      The repairs are necessary to bring the                   harbor  method  described  in  Revenue  Proce-
This is your adjusted basis in the property. Your           property back to its condition before the                dure 2018-08 isn’t mandatory.
silver dollars were stolen this year. The FMV of            casualty.
the coins was $1,000 just before they were sto-           The amount spent for repairs isn’t exces-                Personal-use residential real property safe 
len, and insurance didn’t cover them. Your theft            sive.                                                    harbor methods. Personal-use residential real 
loss is $150.                                             The repairs take care of the damage only.                property is generally real property, including im-
                                                          The value of the property after the repairs              provements, that is owned by the individual who 
Recovered  stolen  property.  Recovered  sto-               isn’t, due to the repairs, more than the                 suffered  a  casualty  loss  and  that  contains  at 
len  property  is  your  property  that  was  stolen        value of the property before the casualty.               least one personal residence. It doesn’t include 
and later returned to you. If you recovered prop-                                                                    a personal residence if any part of the personal 
erty after you had already taken a theft loss de-         Landscaping.      The  cost  of  restoring  land-          residence is used as rental property or contains 
duction,  you  must  refigure  your  loss  using  the     scaping to its original condition after a casualty         a  home  office  used  in  a  trade  or  business  or 
smaller  of  the  property’s adjusted  basis  (ex-        may indicate the decrease in FMV. You may be               transaction entered into for profit. For more de-
plained later) or the decrease in FMV from the            able  to  measure  your  loss  by  what  you  spend        tails, see Revenue Procedure 2018-08.
time just before it was stolen until the time it was      on the following.                                          The  safe  harbor  methods  for  personal-use 
recovered. Use this amount to refigure your to-           Removing destroyed or damaged trees                      residential real property available through Rev-
tal  loss  for  the  year  in  which  the  loss  was  de-   and shrubs, minus any salvage you re-                    enue Procedure 2018-08 are the following.
ducted.                                                     ceive.                                                   Estimated repair cost method.
If  your  refigured  loss  is  less  than  the  loss      Pruning and other measures taken to pre-                 De minimis method.
you deducted, you generally have to report the              serve damaged trees and shrubs.                          Insurance method.
difference as income in the recovery year. But            Replanting necessary to restore the prop-                Federally declared disaster method—con-
report  the  difference  only  up  to  the  amount  of      erty to its approximate value before the                   tractor safe harbor.
the loss that reduced your tax. For more infor-             casualty.                                                Federally declared disaster method—dis-
mation on the amount to report, see Recoveries                                                                         aster loan appraisal.
in Pub. 525.                                              Car  value. Books  issued  by  various  automo-
                                                          bile organizations that list the manufacturer and          Estimated repair cost method.     The esti-
                                                          the model of your car may be useful in figuring            mated  repair  cost  safe  harbor  method  allows 
Figuring Decrease in FMV—Items                            the  value  of  your  car.  You  can  use  the  retail     you to figure the decrease in the FMV  of  your 
To Consider                                               value for your car listed in the book and modify           personal-use residential real property using the 
                                                          it by such factors as mileage and the condition            lesser of two repair estimates prepared by sep-
To  figure  the  decrease  in  FMV  because  of  a        of  your  car  to  determine  its  value.  The  prices     arate  and  independent  licensed  contractors. 
casualty or theft, you generally need a compe-            aren’t official, but they may be useful in deter-          The estimates must detail the itemized costs to 
tent  appraisal.  However,  other  measures  can          mining value and suggesting relative prices for            restore  your  property  to  its  condition  immedi-
also  be  used  to  establish  certain  decreases.        comparison  with  current  sales  and  offerings  in       ately before the casualty. The estimated repair 
See Appraisal Cost  of  cleaning  up  or  making ,        your  area.  If  your  car  isn’t  listed  in  the  books, cost  safe  harbor  method  is  limited  to  casualty 
repairs,  and Special  Procedure—Safe  Harbor             determine its value from other sources. A deal-            losses of $20,000 or less.
Methods  for  Determining  Casualty  and  Theft           er’s offer for your car as a trade-in on a new car 
Losses below.                                             isn’t usually a measure of its true value.                 De minimis method.        The de minimis safe 
                                                                                                                     harbor  method  allows  you  to  figure  the  de-
                                                                                                                     crease  in  the  FMV  of  your  personal-use  resi-
Appraisal. An  appraisal  to  determine  the  dif-        Special Procedure—Safe Harbor                              dential  real  property  based  on  a  written 
ference between the FMV of the property imme-             Methods for Determining Casualty                           good-faith  estimate  of  the  cost  of  repairs  re-
diately  before  a  casualty  or  theft  and  immedi-
ately afterward should be made by a competent             and Theft Losses                                           quired  to  restore  your  property  to  its  condition 
appraiser. The appraiser must recognize the ef-                                                                      immediately  before  the  casualty.  You  must 
fects of any general market decline that may oc-          To figure the amount of your casualty and theft            keep documentation showing how you estima-
cur along with the casualty. This information is          losses, you must generally determine the actual            ted  the  amount  of  your  loss.  The  de  minimis 
needed to limit any deduction to the actual loss          reduction in the FMV of lost or damaged prop-              safe harbor method is available for casualty los-
resulting from damage to the property.                    erty using a competent appraisal or the cost of            ses of $5,000 or less.

Page 6                                                                                                                                     Publication 547 (2022)



- 7 -
Page 7 of 22   Fileid: … tions/p547/2022/a/xml/cycle06/source                                                             8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Insurance  method.     The  insurance  safe           that  method  for  all  your  personal  belongings,      chair.  You  estimate  that  it  would  cost  $500  to 
harbor  method  allows  you  to  figure  the  de-     with  certain  exceptions  identified  in  Revenue       replace it. If you had sold the chair before the 
crease  in  the  FMV  of  your  personal-use  resi-   Procedure 2018-08.                                       flood,  you  estimate  that  you  could  have  re-
dential real property based upon the estimated        Each of these safe harbor methods is sub-                ceived only $100 for it because it was 4 years 
loss in reports prepared by your homeowners or        ject to additional rules and exceptions. For ad-         old. The chair wasn’t insured. Your loss is $100, 
flood  insurance  company.  These  reports  must      ditional  information,  see  Revenue  Procedure          the  FMV  of  the  chair  before  the  flood.  It  isn’t 
set forth the estimated loss you sustained from       2018-08.                                                 $500, the replacement cost.
the damage to or the destruction of your prop-
erty.                                                 Decreases to safe harbor loss amount.      The           Sentimental  value. Don’t  consider  sentimen-
                                                      loss determined through the safe harbor meth-            tal value when determining your loss. If a family 
Federally     declared               disaster         ods  must  be  reduced  by  the  value  of  any  re-     portrait, heirloom, or keepsake is damaged, de-
method—contractor  safe  harbor.     If  the  loss    pairs provided by a third party at no cost (for ex-      stroyed, or stolen, you must base your loss on 
occurred  in  a  disaster  area  and  was  due  to  a ample,  work  done  by  volunteers  or  via              its FMV, as limited by your adjusted basis in the 
federally  declared  disaster,  then  you  may  use   donations)  to  you.  Additionally,  reduce  your        property.
the contractor safe harbor method or the disas-       loss  by  the  amount  of  any  insurance,  reim-
ter loan appraisal method. Under the contractor       bursements, or other compensation received.              Decline  in  market  value  of  property  in  or 
safe harbor method, you may use the contract                                                                   near casualty area. A decrease in the value of 
price for the repairs specified in a contract pre-    Reporting  requirements  on  Form  4684.   At-           your  property  because  it  is  in  or  near  an  area 
pared by an independent and licensed contrac-         tach a statement to Form 4684 stating that you           that suffered a casualty, or that might again suf-
tor  to  determine  the  decrease  in  the  FMV  of   used Revenue Procedure 2018-08 to determine              fer a casualty, isn’t to be taken into considera-
your personal-use residential real property. This     the  amount  of  your  casualty  loss.  Include  the     tion.  You  have  a  loss  only  for  actual  casualty 
safe  harbor  method  doesn’t  apply  unless  you     specific safe harbor method used. When com-              damage  to  your  property.  However,  if  your 
are subject to a binding contract signed by you       pleting  Form  4684,  don’t  enter  an  amount  on       home  is  in  a  federally  declared  disaster  area, 
and  the  contractor  setting  forth  the  itemized   line 5 or line 6 for each property. Instead, enter       see Disaster Area Losses, later.
costs  to  restore  your  personal-use  residential   the decrease in the FMV determined under the 
real property to its condition immediately before     relevant safe harbor method on line 7.                   Costs of photographs and appraisals. Pho-
the casualty.                                                                                                  tographs taken after a casualty will be helpful in 
                                                          For  losses  due  to  Hurricane  Harvey,             establishing the condition and value of the prop-
Federally     declared               disaster         TIP Hurricane  Irma,  and  Hurricane  Maria,             erty after it was damaged. Photographs show-
method—disaster loan appraisal.      Under the            see  Revenue  Procedure  2018-09,                    ing the condition of the property after it was re-
disaster loan appraisal safe harbor method, you       2018-2  I.R.B.  290,  available  at IRS.gov/irb/         paired,  restored,  or  replaced  may  also  be 
may use an appraisal prepared to obtain a loan        2018-02_IRB#RP-2018-09, for the cost indexes             helpful.
of  federal  funds  or  a  loan  guarantee  from  the safe harbor method.
federal government that identifies your estima-                                                                Appraisals  are  used  to  figure  the  decrease 
ted  loss  from  a  federally  declared  disaster  to                                                          in FMV because of a casualty or theft. See Ap-
determine the decrease in the FMV of your per-        Figuring Decrease in FMV—Items                           praisal,  earlier,  under Figuring  Decrease  in 
sonal-use residential real property.                  Not To Consider                                          FMV—Items To Consider for information about 
                                                                                                               appraisals.
Personal belongings safe harbor methods.              You  generally  shouldn’t  consider  the  following      The  costs  of  photographs  and  appraisals 
Personal belongings generally include items of        items  when  attempting  to  establish  the  de-         used as evidence of the value and condition of 
tangible personal property owned by an individ-       crease in FMV of your property.                          property  damaged  as  a  result  of  a  casualty 
ual who suffered a casualty or theft loss if they                                                              aren’t a part of the loss. They are expenses in 
aren’t used in a trade or business. Personal be-      Cost  of  protection. The  cost  of  protecting          determining your tax liability. For tax years 2018 
longings don’t include an item that maintains or      your  property  against  a  casualty  or  theft  isn’t   through 2025, they can no longer be deducted 
increases  its  value  over  time  or  certain  other part of a casualty or theft loss. The amount you         as miscellaneous itemized deductions.
types of property. For more details, see Reve-        spend on insurance or to board up your house 
nue Procedure 2018-08. The safe harbor meth-          against  a  storm  isn’t  part  of  your  loss.  If  the 
ods for personal belongings are the de minimis        property  is  business  property,  these  expenses       Adjusted Basis
method  and  the  replacement  cost  safe  harbor     are deductible as business expenses.                     The measure of your investment in the property 
method for federally declared disasters.              If  you  make  permanent  improvements  to               you own is its basis. For property you buy, your 
                                                      your property to protect it against a casualty or        basis is usually its cost to you. For property you 
De minimis method.     Under the de minimis           theft,  add  the  cost  of  these  improvements  to      acquire in some other way, such as inheriting it, 
method, you can make a good-faith estimate of         your  basis  in  the  property.  An  example  would      receiving it as a gift, or getting it in a nontaxable 
the  decrease  in  the  FMV  of  your  personal  be-  be the cost of a dike to prevent flooding.               exchange, you must figure your basis in another 
longings. You must maintain records describing 
your  affected  personal  belongings  as  well  as    Exception.     You can’t increase your basis in          way, as explained in Pub. 551.
your methodology for estimating your loss. This       the  property  by,  or  deduct  as  a  business  ex-
method is limited to losses of $5,000 or less.        pense, any expenditures you made with respect            Inherited  property  and  the  section  1022 
                                                      to  qualified  disaster  mitigation  payments  (dis-     election. If  you  inherited  property  from  some-
Replacement  cost  safe  harbor  method               cussed later under Disaster Area Losses).                one who died in 2010 and the executor of the 
for  federally  declared  disasters. The  re-                                                                  decedent’s estate made a section 1022 election 
placement cost safe harbor method for federally       Related  expenses. The  incidental  expenses             using Form 8939, Allocation of Increase in Ba-
declared disasters allows you to determine the        due to a casualty or theft, such as expenses for         sis  for  Property  Acquired  From  a  Decedent, 
FMV  of  your  personal  belongings  located  in  a   the treatment of personal injuries, for temporary        special rules regarding the basis would apply.
disaster area immediately before a federally de-      housing, or for a rental car, aren’t part of your        An executor of an estate of a decedent who 
clared  disaster  to  figure  the  amount  of  your   casualty  or  theft  loss.  However,  they  may  be      died in 2010 could elect to apply a modified car-
casualty  or  theft  loss.  To  use  the  replacement deductible  as  business  expenses  if  the  dam-        ryover  basis  treatment  to  property  acquired 
cost  safe  harbor  method,  you  must  first  deter- aged or stolen property is business property.            from the decedent.
mine the current cost to replace your personal                                                                 For  more  detailed  information  about  the 
belonging with a new one and then reduce that         Replacement cost.  The cost of replacing sto-            Section  1022  Election,  see  Notice  2011-66, 
amount by 10% for each year you have owned            len or destroyed property isn’t part of a casualty       2011-35  I.R.B.  184,  available  at IRS.gov/irb/
the  personal  belonging.  See  the  Personal  Be-    or theft loss.                                           2011-35_IRB#NOT-2011-66.  For  optional  safe 
longings Valuation Table in Revenue Procedure                                                                  harbor guidance under section 1022, see Reve-
2018-08. If you choose to use the replacement         Example.       You bought a new chair 4 years            nue  Procedure  2011-41,  2011-35  I.R.B.  188, 
cost  safe  harbor  method,  then  you  must  use     ago  for  $300.  In  April,  a  flood  destroyed  the 

Publication 547 (2022)                                                                                                                                  Page 7



- 8 -
Page 8 of 22              Fileid: … tions/p547/2022/a/xml/cycle06/source                                                        8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

available             at      IRS.gov/irb/               Take  into  consideration  only  the  amount  you      didn’t  because  of  the  casualty  or  the  threat  of 
2011-35_IRB#RP-2011-41.                                  used  to  replace  your  destroyed  or  damaged        one.
                                                         property.
Adjustments  to  basis.  While  you  own  the                                                                   Example.      As  a  result  of  a  hurricane,  you 
property,  various  events  may  take  place  that       Example.      Your home was extensively dam-           vacated your apartment for a month and moved 
change your basis. Some events, such as addi-            aged  by  a  tornado.  Your  loss  after  reimburse-   to a motel. You normally pay $525 a month for 
tions  or  permanent  improvements  to  the  prop-       ment  from  your  insurance  company  was              rent.  None  was  charged  for  the  month  the 
erty,  increase  basis.  Others,  such  as  earlier      $10,000. Your employer set up a disaster relief        apartment was vacated. Your motel rent for this 
casualty  losses  and  depreciation  deductions,         fund  for  its  employees.  Employees  receiving       month  was  $1,200.  You  normally  pay  $200  a 
decrease basis. When you add the increases to            money from the fund had to use it to rehabilitate      month  for  food.  Your  food  expenses  for  the 
the basis and subtract the decreases from the            or replace their damaged or destroyed property.        month you lived in the motel were $400. You re-
basis,  the  result  is  your  adjusted  basis.  See     You  received  $4,000  from  the  fund  and  spent     ceived $1,100 from your insurance company to 
Pub.  551  for  more  information  on  figuring  the     the  entire  amount  on  repairs  to  your  home.  In  cover your living expenses. You determine the 
basis of your property.                                  figuring  your  casualty  loss,  you  must  reduce     payment you must include in income as follows.
                                                         your  unreimbursed  loss  ($10,000)  by  the 
                                                         $4,000 you received from your employer’s fund. 
Insurance and Other                                      Your  casualty  loss  before  applying  the deduc-     1. Insurance payment for living 
Reimbursements                                           tion limits (discussed later) is $6,000.                   expenses  . . . . . . . . . . . . . . . . . . . . . .      $1,100
                                                                                                                2. Actual expenses during the 
If you receive an insurance or other type of re-         Cash gifts. If you receive excludable cash gifts           month you are unable to 
imbursement, you must subtract the reimburse-            as a disaster victim and there are no limits on            use your home because of                               
ment when you figure your loss. You don’t have           how you can use the money, you don’t reduce                the hurricane . . . . . . . . . . . . $1,600
a casualty or theft loss to the extent you are re-       your  casualty  loss  by  these  excludable  cash      3. Normal living expenses      . . .      725
imbursed.                                                gifts. This applies even if you use the money to       4. Temporary increase in
                                                         pay for repairs to property damaged in the dis-            living expenses: Subtract line 3 
If in the year of the casualty there is a claim          aster.                                                     from line 2 . . . . . . . . . . . . . . . . . . . . . .    875
for  reimbursement  with  a  reasonable  prospect 
                                                                                                                5. Amount of payment includible in 
of  recovery,  the  loss  isn’t  sustained  until  you   Example.      Your  home  was  damaged  by  a              income: Subtract line 4 from 
know  with  reasonable  certainty  whether  such         hurricane. Relatives and neighbors made cash               line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225
reimbursement will be received. If you expect to         gifts to you that were excludable from your in-
be  reimbursed  for  part  or  all  of  your  loss,  you come. You used part of the cash gifts to pay for 
must  subtract  the  expected  reimbursement             repairs  to  your  home.  There  were  no  limits  or  Tax year of inclusion.  You include the tax-
when  you  figure  your  loss.  You  must  reduce        restrictions on how you could use the cash gifts.      able  part  of  the  insurance  payment  in  income 
your loss even if you don’t receive payment until        It was an excludable gift, so the money you re-        for  the  year  you  regain  the  use  of  your  main 
a later tax year. See Reimbursement Received             ceived and used to pay for repairs to your home        home  or,  if  later,  for  the  year  you  receive  the 
After Deducting Loss, later.                             doesn’t reduce your casualty loss on the dam-          taxable part of the insurance payment.
                                                         aged home.
Failure to file a claim for reimbursement. If                                                                   Example.      Your  main  home  was  destroyed 
your  property  is  covered  by  insurance,  you         Insurance  payments  for  living  expenses.            by a tornado in June 2020. You regained use of 
should  file  a  timely  insurance  claim  for  reim-    You  don’t  reduce  your  casualty  loss  by  insur-   your  home  in  November  2021.  The  insurance 
bursement of your loss. If you don’t file an insur-      ance payments you receive to cover living ex-          payments you received in 2020 and 2021 were 
ance  claim,  you  can’t  deduct  the  full  unrecov-    penses in either of the following situations.          $1,500  more  than  the  temporary  increase  in 
ered amount as a casualty or theft loss and only          You lose the use of your main home be-              your living expenses during those years. You in-
the part of the loss that isn’t covered by your in-         cause of a casualty.                                clude this amount in income on your 2021 Form 
surance policy is deductible.                             Government authorities don’t allow you ac-          1040. If, in 2022, you receive further payments 
The portion of the loss usually not covered                 cess to your main home because of a                 to  cover  the  living  expenses  you  had  in  2020 
by  insurance  (for  example,  a  deductible)  isn’t        casualty or threat of one.                          and 2021, you must include those payments in 
                                                                                                                income on your 2022 Form 1040 or 1040-SR.
subject to this rule.                                    Inclusion  in  income.  If  these  insurance 
                                                         payments  are  more  than  the  temporary  in-         Disaster  relief. Food,  medical  supplies,  and 
Example.   Your  car  insurance  policy  in-             crease  in  your  living  expenses,  you  must  in-    other forms of assistance you receive don’t re-
cludes comprehensive coverage with a $1,000              clude  the  excess  in  your  income.  Report  this    duce  your  casualty  loss,  unless  they  are  re-
deductible.  Because  your  insurance  doesn’t           amount  on  Schedule  1  (Form  1040),  line  8z.      placements for lost or destroyed property.
cover the first $1,000 of damages resulting from         However,  if  the  casualty  occurs  in  a  federally        Qualified  disaster  relief  payments  you 
a storm, the $1,000 is deductible (subject to the        declared  disaster  area,  none  of  the  insurance    TIP   receive for expenses you incurred as a 
$100  and 10%  rules,  discussed  later).  This  is      payments  are  taxable.  See  Qualified  disaster            result  of  a  federally  declared  disaster 
true,  even  if  you  don’t  file  an  insurance  claim, relief payments, later, under Disaster Area Los-       aren’t taxable income to you. For more informa-
because your insurance policy won’t reimburse            ses.                                                   tion, see Qualified disaster relief payments un-
you for the deductible.                                  A  temporary  increase  in  your  living  expen-       der Disaster Area Losses, later.
                                                         ses  is  the  difference  between  the  actual  living 
Types of Reimbursements                                  expenses  you  and  your  family  incurred  during     Disaster  unemployment  assistance  pay-
                                                         the period you couldn’t use your home and your         ments are unemployment benefits that are taxa-
The most common type of reimbursement is an              normal  living  expenses  for  that  period.  Actual   ble.
insurance payment for your stolen or damaged             living expenses are the reasonable and neces-          Generally, disaster relief grants received un-
property.  Other  types  of  reimbursements  are         sary expenses incurred because of the loss of          der  the  Stafford  Act  aren’t  included  in  your  in-
discussed  next.  Also  see  the  Instructions  for      your main home. Generally, these expenses in-          come. See  Federal disaster relief grants, later, 
Form 4684.                                               clude the amounts you pay for the following.           under Disaster Area Losses.
                                                          Renting suitable housing.
Employer’s emergency disaster fund. If you                Transportation.                                     Loan  proceeds.   Don’t  reduce  your  casualty 
receive  money  from  your  employer’s  emer-             Food.                                               loss by loan proceeds you use to rehabilitate or 
gency  disaster  fund  and  you  must  use  that          Utilities.                                          replace  property  on  which  you  are  claiming  a 
money  to  rehabilitate  or  replace  property  on        Miscellaneous services.                             casualty  loss  deduction.  If  you  have  a  federal 
which you are claiming a casualty loss deduc-            Normal  living  expenses  consist  of  these  same     loan  that  is  canceled  (forgiven),  see                     Federal 
tion, you must take that money into considera-           expenses  that  you  would  have  incurred  but        loan  canceled,  later,  under Disaster  Area  Los-
tion  in  computing  the  casualty  loss  deduction.                                                            ses.
Page 8                                                                                                                            Publication 547 (2022)



- 9 -
Page 9 of 22                Fileid: … tions/p547/2022/a/xml/cycle06/source                                                      8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Table 2. Deduction Limit Rules for Personal-Use Property
                                                                         $100 Rule                                              10% Rule
General Application                                      You must reduce each casualty or theft loss by          You must reduce your total casualty or theft 
                                                         $100 when figuring your deduction. Apply this           loss attributable to a federally declared disaster 
                                                         rule to personal-use property after you have            by 10% of your AGI. Apply this rule to 
                                                         figured the amount of your loss.*                       personal-use property after you reduce each 
                                                                                                                 loss by $100 (the $100 rule).**
Single Event                                             Apply this rule only once, even if many pieces          Apply this rule only once, even if many pieces 
                                                         of property are affected.                               of property are affected.
More Than One Event                                      Apply to the loss from each event.                      Apply to the total of all your losses from all 
                                                                                                                 federally declared disasters.
More Than One Person—                                    Apply separately to each person.                        Apply separately to each person.
  With Loss From the 
 Same Event
 (other than a married couple
 filing jointly)
Married Couple—                  Filing
 With Loss From the              Joint                   Apply as if you were one person.                        Apply as if you were one person.
 Same Event                      Return
                                 Filing
                                 Separate                Apply separately to each spouse.                        Apply separately to each spouse.
                                 Return
More Than One Owner                                      Apply separately to each owner of jointly               Apply separately to each owner of jointly 
(other than a married                                    owned property.                                         owned property.
couple filing jointly)
* Qualified disaster losses must be reduced by $500 when figuring your deduction. See Disaster Area Losses, later, for more information.
** The 10% rule doesn’t apply to qualified disaster losses. See Disaster Area Losses, later, for more information.
Reimbursement Received After                             collect  any  amount  from  the  other  driver.  You     as ordinary income up to the amount of your de-
Deducting Loss                                           can  deduct  the  loss  in  2022  (to  the  extent  it   duction  that  reduced  your  tax  for  the  earlier 
                                                         doesn’t  exceed  your  2022  personal  casualty          year.  You  may  be  able  to  postpone  reporting 
If  you  figured  your  casualty  or  theft  loss  using gains) that is figured by applying the deduction         any  remaining  gain  as  explained  under    Post-
the  amount  of  your  expected  reimbursement,          limits (discussed later).                                ponement of Gain, later.
you may have to adjust your tax return for the 
tax year in which you get your actual reimburse-         Actual reimbursement more than expected.                 Actual reimbursement same as expected.            If 
ment. This section explains the adjustment you           If  you  later  receive  a  larger  reimbursement        you later receive exactly the reimbursement you 
may have to make.                                        amount  than  you  expected,  after  you  have           expected to receive, you don’t have to include 
                                                         claimed a deduction for the loss, you may have           any  of  the  reimbursement  in  your  income  and 
        If  you  paid  amounts  to  repair  damage       to  include  the  extra  reimbursement  amount  in       you can’t deduct any additional loss.
  !     to a personal residence with a deterio-          your  income  for  the  year  you  receive  it.  How-
CAUTION rating concrete foundation and claimed           ever, if any part of the original deduction didn’t       Example. In  December  2022,  your  per-
a deduction on an original or amended federal            reduce  your  tax  for  the  earlier  year,  don’t  in-  sonal  car  was  damaged  in  a  flood  that  was  a 
income tax return and payments were made to              clude that part of the reimbursement amount in           federally  declared  disaster.  Repairs  to  the  car 
you  (or  on  your  behalf  to  contractors)  by  the    your income. You don’t refigure your tax for the         cost  $950.  You  had  $100  deductible  compre-
Connecticut  Foundation  Solutions  Indemnity            year you claimed the deduction. See    Recover-          hensive  insurance.  Your  insurance  company 
Company  (CFSIC),  you  must  include  some  or          ies in Pub. 525 to find out how much extra reim-         agreed to reimburse you for the rest of the dam-
part of the payments in your gross income. See           bursement to include in income.                          age.  Because  you  expected  a  reimbursement 
Announcement  2020-5,  2020-19  I.R.B.  796                                                                       from the insurance company, you didn’t have a 
(available            at         IRS.gov/irb/               Example. In  2021,  a  hurricane  that  was  a        casualty loss deduction in 2022.
2020-19_IRB#ANN-2020-5     ).                            federally declared disaster destroyed your mo-           Due  to  the  $100  rule,  you  can’t  deduct  the 
                                                         torboat. Your loss was $3,000, and you estima-           $100 you paid as the deductible. When you re-
Actual  reimbursement  less  than  expected.             ted that your insurance would cover $2,500 of it.        ceive the $850 from the insurance company in 
If you later receive less reimbursement than you         You didn't itemize deductions on your 2021 re-           2023, don’t report it as income.
expected, include that difference as a loss with         turn nor did you increase your standard deduc-
your other losses (if any) on your return for the        tion by the amount of your loss. When the insur-
year  in  which  you  can  reasonably  expect  no        ance company reimburses you for the loss, you 
more reimbursement.                                      don’t  report  any  of  the  reimbursement  as  in-      Deduction Limits
                                                         come. This is true even if it is for the full $3,000 
  Example.      Your personal car had an FMV of          because  you  didn’t  deduct  the  loss  on  your        After you have figured the amount of your casu-
$2,000 when it was destroyed in a collision with         2021 return. The loss didn’t reduce your tax.            alty or theft loss, you must figure how much of 
                                                                                                                  the loss you can deduct.
another  car  in  2021.  The  accident  was  due  to             If  the  total  of  all  the  reimbursements 
the negligence of the other driver. At the end of         !      you receive is more than your adjusted           The deduction for casualty and theft losses 
2021, there was a reasonable prospect that the           CAUTION basis  in  the  destroyed  or  stolen  prop-     of  personal-use  property  is  limited.  For  tax 
owner of the other car would reimburse you in            erty,  you  will  have  a  gain  on  the  casualty  or   years  2018  through  2025,  personal  casualty 
full. You didn’t have a deductible loss in 2021.         theft. If you have already taken a deduction for         and theft losses of an individual are deductible 
  In  January  2022,  the  court  awards  you  a         a loss and you receive the reimbursement in a            only to the extent they’re attributable to a feder-
judgment  of  $2,000.  However,  in  July  it  be-       later year, you may have to include the gain in          ally  declared  disaster.  Personal  casualty  and 
comes  apparent  that  you  will  be  unable  to         your income for the later year. Include the gain         theft losses attributable to a federally declared 
Publication 547 (2022)                                                                                                                                Page 9



- 10 -
Page 10 of 22   Fileid: … tions/p547/2022/a/xml/cycle06/source                                                                    8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

disaster  are  subject  to  the  $100  per  casualty                                      Boat Equipment          sisters live together in a home they own jointly 
and 10% rules, discussed later. The $100 and                                                                      and they have a casualty loss on the home, the 
10% rules are also summarized in Table 2.               1. Loss . . . . . . . . . . . . . $5,000        $1,200    $100 rule applies separately to each sister.
An exception to the rule above, limiting the            2. Subtract 
personal  casualty  and  theft  loss  deduction  to        insurance  . . . . . . . . .   4,500         -0-       10% Rule
losses attributable to a federally declared disas-      3. Loss after 
ter, applies if you have personal casualty gains           reimbursement  . . . .         $ 500         $1,200    You must reduce your total federal casualty los-
for  the  tax  year.  In  this  case,  you  may  reduce 4. Total loss . . . . . . . . . . . . . . . . . $1,700    ses  by  10%  of  your  AGI.  Apply  this  rule  after 
your  personal  casualty  gains  by  any  casualty      5. Subtract $100  . . . . . . . . . . . . .     100       you reduce each loss by $100. For more infor-
losses  not  attributable  to  a  federally  declared                                                             mation,  see  the  Instructions  for  Form  4684.  If 
disaster. Any excess gain is used to reduce los-        6. Loss before 10% rule. . . . .                $1,600    you have both gains and losses from casualties 
ses from a federally declared disaster. The 10%                                                                   or thefts, see Gains and losses, later in this dis-
rule  is  applied  to  any  federal  disaster  losses   Example 2.    Thieves broke into your home                cussion.
that remain.                                            in January and stole a ring and a fur coat. You 
Losses  on  business  property  and  in-                had a loss of $200 on the ring and $700 on the            Example.       In  September,  your  house  was 
come-producing  property  aren’t  subject  to           coat.  This  is  a  single  theft.  The  $100  rule  ap-  damaged by a tropical storm that was a feder-
these  rules.  However,  if  your  casualty  or  theft  plies to the total $900 loss.                             ally declared disaster. Your loss after insurance 
                                                                                                                  reimbursement  was  $2,000.  Your  AGI  for  the 
loss involved a home you used for business or                                                                     year the loss was sustained is $29,500. Figure 
rented out, your deductible loss may be limited.        Example  3.   In  October,  hurricane  winds 
See the instructions for Form 4684, Section B. If       blew  the  roof  off  your  home.  Flood  waters          your casualty loss as follows.
the casualty or theft loss involved property used       caused by the hurricane further damaged your 
in  a  passive  activity,  see  Form  8582,  Passive    home  and  destroyed  your  furniture  and  per-          1. Loss after insurance               . . . . . . . . . .   $2,000
Activity Loss Limitations, and its instructions.        sonal car. This is considered a single casualty.          2. Subtract $100  . . . . . . . . . . . . . . . .           100
                                                        The $100 rule is applied to your total loss from          3. Loss after $100 rule               . . . . . . . . . . . $1,900
                                                        the flood waters and the wind.                            4. Subtract 10% of $29,500 
$100 Rule                                                                                                            AGI  . . . . . . . . . . . . . . . . . . . . . . . . .   $2,950
                                                        More  than  one  loss.    If  you  have  more  than       5. Casualty loss deduction. . . .                           $ -0-
After  you  have  figured  your  casualty  or  theft    one casualty or theft loss during your tax year, 
loss  on personal-use  property,  as  discussed         you must reduce each loss by $100.                        You  don’t  have  a  casualty  loss  deduction 
earlier, you must reduce that loss by $100. This                                                                  because your loss ($1,900) is less than 10% of 
reduction applies to each total casualty or theft       Example.      Your family car was damaged in              your AGI ($2,950).
loss, including those losses not attributable to a      a  storm  in  January.  Your  loss  after  the  insur-
federally  declared  disaster  that  are  applied  to   ance reimbursement was $75. In February, your                     The 10% rule doesn’t apply to qualified 
reduce your personal casualty gains. It doesn’t         car  was  damaged  in  another  storm.  This  time        !       disaster  losses.  See        Disaster  Area 
matter  how  many  pieces  of  property  are  in-       your  loss  after  the  insurance  reimbursement          CAUTION Losses, later, for more information.
volved in an event. Only a single $100 reduction        was $90. Apply the $100 rule to each separate 
applies.                                                casualty loss. Since neither storm resulted in a          More  than  one  loss. If  you  have  more  than 
                                                        loss of over $100, you aren’t entitled to any de-         one casualty or theft loss during your tax year, 
Example.     You  have  $750  deductible  colli-        duction for these storms.                                 reduce each loss by any reimbursement and by 
sion insurance on your car. The car is damaged                                                                    $100. Then, you must reduce your total federal 
in a collision. The insurance company pays you          More than one person.             If two or more individ- casualty losses by 10% of your AGI.
for the damage minus the $750 deductible. The           uals  (other  than  spouses  filing  a  joint  return) 
amount of the casualty loss is based solely on          have losses from the same casualty or theft, the          Example.       In  March,  your  car  was  de-
the deductible. The casualty loss is $650 ($750         $100 rule applies separately to each individual.          stroyed in a flood that was a federally declared 
−  $100)  because  the  first  $100  of  a  casualty                                                              disaster. You didn’t have insurance on your car, 
loss on personal-use property isn’t deductible.         Example.      Hurricane  winds  damaged  your             so you didn’t receive any insurance reimburse-
                                                        house and also damaged the personal property              ment. Your loss on the car was $1,800. In No-
         Qualified  disaster  losses  must  be  re-     of your house guest. You must reduce your loss            vember, another flood, which was also a feder-
!        duced by $500. See Disaster Area Los-          by $100. Your house guest must reduce his or              ally declared disaster, damaged your basement 
CAUTION  ses, later, for more information.
                                                        her loss by $100.                                         and  totally  destroyed  the  furniture,  washer, 
Single  event. Generally,  events  closely  rela-       Married taxpayers.                If you and your spouse  dryer,  and  other  items  you  had  stored  there. 
ted in origin cause a single casualty. It is a sin-     file a joint return, you are treated as one individ-      Your  loss  on  the  basement  items  after  reim-
gle  casualty  when  the  damage  is  from  two  or     ual in applying the $100 rule. It doesn’t matter          bursement from your insurer was $2,100. Your 
more closely related causes, such as wind and           whether  you  own  the  property  jointly  or  sepa-      AGI  for  the  year  that  the  floods  occurred  is 
flood damage caused by the same storm. A sin-           rately.                                                   $25,000.  You  figure  your  casualty  loss  deduc-
gle  casualty  may  also  damage  two  or  more         If  you  and  your  spouse  have  a  casualty  or         tion as follows.
pieces of property, such as a tornado that dam-         theft loss and you file separate returns, each of 
ages  both  your  home  and  your  car  parked  in      you must reduce your loss by $100. This is true                                                 Car             Basement
your driveway.                                          even  if  you  own  the  property  jointly.  If  one      1. Loss . . . . . . . . . . . . . .   $1,800                $2,100
                                                        spouse owns the property, only that spouse can            2. Subtract $100 per 
Example  1.    A  tornado  destroyed  your              claim a loss deduction on a separate return.                 incident . . . . . . . . . . .     100                   100
pleasure  boat.  You  also  lost  some  boating         If the casualty or theft loss is on property you 
equipment in the storm. Your loss was $5,000            own as tenants by the entirety, each of you can           3. Loss after $100 
on the boat and $1,200 on the equipment. Your           figure  your  deduction  on  only  one-half  of  the         rule . . . . . . . . . . . . . . . $1,700                $2,000
insurance company reimbursed you $4,500 for             loss on separate returns. Neither of you can fig-         4. Total loss   . . . . . . . . . . . . . . . . . .         $3,700
the damage to your boat. You had no insurance           ure your deduction on the entire loss on a sepa-          5. Subtract 10% of $25,000 
coverage on the equipment. Your casualty loss           rate return. Each of you must reduce the loss by             AGI  . . . . . . . . . . . . . . . . . . . . . . .       2,500
is from a single event and the $100 rule applies        $100.                                                     6. Casualty loss deduction. . .                             $1,200
once. Figure your loss before applying the 10% 
rule (discussed later) as follows.                      More than one owner.              If two or more individu-
                                                        als (other than spouses filing a joint return) have       Married taxpayers. If you and your spouse file 
                                                        a loss on property jointly owned, the $100 rule           a joint return, you are treated as one individual 
                                                        applies separately to each. For example, if two 

Page 10                                                                                                                                Publication 547 (2022)



- 11 -
Page 11 of 22              Fileid: … tions/p547/2022/a/xml/cycle06/source                                                        8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

in applying the 10% rule. It doesn’t matter if you    Example  1.     In  June,  a  tornado  destroyed              Personal  property.  Personal  property  is  any 
own the property jointly or separately.               your lakeside cottage, which cost $144,800 (in-               property that isn’t real property. If your personal 
If you file separate returns, the 10% rule ap-        cluding $14,500 for the land) several years ago.              property  is  stolen  or  is  damaged  or  destroyed 
plies to each return on which a loss is claimed.      (Your  land  wasn’t  damaged.)  This  was  your               by a casualty, you must figure your loss sepa-
                                                      only casualty or theft loss for the year. The FMV             rately for each item of property. Then combine 
More than one owner.    If two or more individu-      of the property immediately before the tornado                these  separate  losses  to  figure  the  total  loss. 
als (other than spouses filing a joint return) have   was  $180,000  ($145,000  for  the  cottage  and              Reduce the total loss by $100 and 10% of your 
a loss on property that is owned jointly, the 10%     $35,000 for the land). The FMV immediately af-                AGI to figure the loss deduction.
rule applies separately to each.                      ter the tornado was $35,000 (value of the land). 
                                                      You  collected  $130,000  from  the  insurance                Example 1.   In August, a storm that was de-
Gains  and  losses.   If  you  have  casualty  or     company. Your AGI for the year the tornado oc-                termined to be a federally declared disaster de-
theft  gains  as  well  as  losses  to  your  per-    curred is $80,000. Your deduction for the casu-               stroyed  your  pleasure  boat,  which  cost 
sonal-use property, you must compare your to-         alty loss is $6,700, figured in the following man-            $18,500.  This  was  your  only  casualty  or  theft 
tal gains to your total losses. Do this after you     ner.                                                          loss  for  the  year.  Its  FMV  immediately  before 
have reduced each loss by any reimbursements                                                                        the storm was $17,000. You had no insurance, 
and by $100 but before you have reduced the           1. Adjusted basis of the entire                               but were able to salvage the motor of the boat 
federal casualty losses by 10% of your AGI.                property (cost in this                                   and  sell  it  for  $200.  Your  AGI  for  the  year  the 
        Casualty  or  theft  gains  don’t  include         example)   . . . . . . . . . . . . . . . . . .  $144,800 casualty occurred is $70,000.
                                                      2. FMV of entire property                                     Although the motor was sold separately, it is 
!       gains  you  choose  to  postpone.  See             before tornado . . . . . . . . . . . . .        $180,000 part of the boat and not a separate item of prop-
CAUTION Postponement of Gain, later.
                                                      3. FMV of entire property after                               erty. You figure your casualty loss deduction as 
Losses  more  than  gains.       If  your  losses          tornado . . . . . . . . . . . . . . . . . . .   35,000   follows.
are more than your recognized gains, subtract         4. Decrease in FMV of entire 
your gains from your losses and reduce the re-             property (line 2 − line 3) . . . . .            $145,000 1. Adjusted basis (cost in this 
                                                                                                                        example) . . . . . . . . . . . . . . . . . .      $18,500
sult by 10% of your AGI. The rest, if any, is your    5. Loss (smaller of line 1 or                                                      . . . . . . . . . .              $17,000
deductible loss from personal-use property.                line 4) . . . . . . . . . . . . . . . . . . . . $144,800 2. FMV before storm
If you have losses not attributable to a feder-       6. Subtract insurance  . . . . . . . . .             130,000  3. FMV after storm   . . . . . . . . . . . .          200
ally  declared  disaster,  see Line  14  in  the  In-                                                               4. Decrease in FMV 
structions for Form 4684. Losses not attributa-       7. Loss after reimbursement     . . .                $14,800                       . . . . . . . . . . . . .        $16,800
ble to a federally declared disaster can be used      8. Subtract $100 . . . . . . . . . . . . .           100          (line 2 − line 3)
only to offset gains.                                 9. Loss after $100 rule     . . . . . . . .          $14,700  5. Loss (smaller of line 1 or 
If  you  have  qualified  disaster  losses,  see      10. Subtract 10% of $80,000                                       line 4) . . . . . . . . . . . . . . . . . . . . . $16,800
Line  15  in  the  Instructions  for  Form  4684  for      AGI . . . . . . . . . . . . . . . . . . . . . . 8,000    6. Subtract insurance  . . . . . . . . . .            -0-
more details.                                         11. Casualty loss deduction. . .                     $ 6,700  7. Loss after reimbursement   . . . .                 $16,800
                                                                                                                    8. Subtract $100     . . . . . . . . . . . . . .      100
by reimbursements and by $100 is $2,700. Your         Example  2.     You  bought  your  home  a  few               9. Loss after $100 rule
Example.      Your  theft  loss  after  reducing  it                                                                                       . . . . . . . . .              $16,700
casualty gain is $700. Because your theft loss        years ago. You paid $150,000 ($10,000 for the                 10. Subtract 10% of $70,000 
wasn’t attributable to a federally declared disas-    land  and  $140,000  for  the  house).  You  also                 AGI . . . . . . . . . . . . . . . . . . . . . . . 7,000
ter, you can only use $700 of your loss to offset     spent  an  additional  $2,000  for  landscaping.              11. Casualty loss deduction. . .                      $ 9,700
the $700 casualty gain.                               This  year  a  hurricane  destroyed  your  home. 
                                                      The hurricane also damaged the shrubbery and                  Example  2.  In  June,  you  were  involved  in 
Gains  more  than  losses.       If  your  recog-     trees in your yard. The hurricane was your only               an auto accident that totally destroyed your per-
nized gains are more than your losses, subtract       casualty or theft loss this year. Competent ap-               sonal car and your antique pocket watch. You 
your  losses  from  your  gains.  The  difference  is praisers  valued  the  property  as  a  whole  at             had bought the car for $30,000. The FMV of the 
treated as a capital gain and must be reported        $175,000  before  the  hurricane,  but  only                  car  just  before  the  accident  was  $17,500.  Its 
on  Schedule  D  (Form  1040).  The  10%  rule        $50,000  after  the  hurricane.  Shortly  after  the          FMV  just  after  the  accident  was  $180  (scrap 
doesn’t apply to your gains. If you have losses       hurricane,  the  insurance  company  paid  you                value).  Your  insurance  company  reimbursed 
not attributable to a federally declared disaster,    $95,000  for  the  loss.  Your  AGI  for  this  year  is      you $16,000.
see Line 14 in the Instructions for Form 4684.        $70,000.  You  figure  your  casualty  loss  deduc-           Your  watch  wasn’t  insured.  You  had  pur-
                                                      tion as follows.
Example.      Your  theft  loss  is  $600  after  re-                                                               chased it for $250. Its FMV just before the acci-
                                                                                                                    dent was $500. In the same year, you also had 
ducing it by reimbursements and by $100. Your         1. Adjusted basis of the entire                               a $2,000 casualty gain and a separate $5,000 
casualty  gain  is  $1,600.  Because  your  gain  is       property (cost of land,                                  casualty loss attributable to a federally declared 
more than your loss, you must report the $1,000            building, and landscaping) . . .                $152,000
                                                                                                                    disaster. Your AGI for the year is $97,000. Your 
net gain ($1,600 − $600) on Schedule D (Form          2. FMV of entire property                                     casualty  loss  deduction  is  zero,  figured  as  fol-
1040).                                                     before hurricane . . . . . . . . . . .          $175,000 lows.
More information.       For information on how        3. FMV of entire property after 
to figure recognized gains, see Figuring a Gain,           hurricane  . . . . . . . . . . . . . . . . .    50,000
later.                                                4. Decrease in FMV of entire 
                                                           property (line 2 − line 3)                      $125,000
Figuring the Deduction                                5. Loss (smaller of line 1 or 
                                                           line 4) . . . . . . . . . . . . . . . . . . . . $125,000
Generally, you must figure your loss separately       6. Subtract insurance  . . . . . . . . .             95,000
for  each  item  stolen,  damaged,  or  destroyed.    7. Loss after reimbursement     . . .                $30,000
However, a special rule applies to real property      8. Subtract $100 . . . . . . . . . . . . .           100
you own for personal use.                                                         . . . . . . . .          $29,900
                                                      9. Loss after $100 rule
Real property. In figuring a loss to real estate      10. Subtract 10% of $70,000 
you  own  for  personal  use,  all  improvements           AGI . . . . . . . . . . . . . . . . . . . . . . 7,000
(such  as  buildings  and  ornamental  trees  and     11. Casualty loss deduction. . .                     $ 22,900
the land containing the improvements) are con-
sidered together.
Publication 547 (2022)                                                                                                                                                 Page 11



- 12 -
Page 12 of 22             Fileid: … tions/p547/2022/a/xml/cycle06/source                                                                           8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

                                           Car            Watch  1. Adjusted basis of real                                                                     Business Personal 
1. Adjusted basis                                                    property (cost in this                                                                    Part     Part
    (cost) . . . . . . . . . . . . . . . . $30,000        $250       example)  . . . . . . . . . . . . . . . . .     $164,000
                                                                                                                              1. Cost (total 
                                                                 2. FMV of real property before                                   $400,000) . . . . . . .      $200,000 $200,000
2. FMV before                                                        hurricane . . . . . . . . . . . . . . . . .     $170,000 2. Subtract 
    accident   . . . . . . . . . . . . .   $17,500        $500   3. FMV of real property after                                    depreciation . . . . .       24,000       -0-
3. FMV after accident . . . .              180            -0-        hurricane . . . . . . . . . . . . . . . . .     100,000  3. Adjusted basis . . .          $176,000 $200,000
4. Decrease in FMV                                               4. Decrease in FMV of real                                   4. FMV before flood 
    (line 2 − line 3) . . . . . . . .      $17,320        $500       property (line 2 − line 3) . . . .              $70,000
                                                                                                                                  (total 
5. Loss (smaller of line 1                                       5. Loss on real property                                         $380,000) . . . . . . .      $190,000 $190,000
    or line 4) . . . . . . . . . . . . .   $17,320        $250       (smaller of line 1 or                                    5. FMV after flood 
6. Subtract insurance . . . .              16,000         -0-        line 4) . . . . . . . . . . . . . . . . . . . . $70,000      (total 
7. Loss after                                                                                                                     $320,000) . . . . . . .      160,000  160,000
                                                                 6. Subtract insurance     . . . . . . . .           50,000
    reimbursement     . . . . . . .        $1,320         $250   7. Loss on real property after                               6. Decrease in FMV 
                                                                     reimbursement     . . . . . . . . . . . .       $20,000      (line 4 − line 5) . . .      $30,000  $30,000
8. Total loss  . . . . . . . . . . . . . . . . . . . .    $1,570                                                              7. Loss (smaller of 
9. Subtract $100  . . . . . . . . . . . . . . . .         100    8. Loss on furnishings    . . . . . . . .           $600         line 3 or line 6) . . .      $30,000  $30,000
                                                                 9. Subtract insurance     . . . . . . . .           -0-
10. Loss not attributable to a                                                                                                8. Subtract 
    federally declared disaster after                            10. Loss on furnishings after                                    insurance . . . . . . .      20,000   20,000
    $100 rule  . . . . . . . . . . . . . . . . . . . . .  $1,470     reimbursement     . . . . . . . . . . . .       $600     9. Loss after 
                                                                                                                                  reimbursement . . .          $10,000  $10,000
11. Casualty gain . . . . . . . . . . . . . . . . .       $2,000 11. Total loss (line 7 plus                                  10. Subtract $100 on 
12. Casualty loss not attributable to a                              line 10) . . . . . . . . . . . . . . . . . . .  $20,600      personal-use 
    federally declared disaster            . . . . . .    1,470  12. Subtract $100     . . . . . . . . . . . . .     100          property . . . . . . . .     -0-      100
13. Remaining gain after offsetting                              13. Loss after $100 rule   . . . . . . .            $20,500  11. Loss after $100 
    the loss not attributable to a                               14. Subtract 10% of $65,000                                      rule . . . . . . . . . . . . $10,000  $9,900
    federally declared disaster                                      AGI . . . . . . . . . . . . . . . . . . . . . . 6,500    12. Subtract 10% of 
    (line 11 – line 12; if zero or less,                         15. Casualty loss deduction. .                      $14,000      $125,000 AGI on 
    enter -0-) . . . . . . . . . . . . . . . . . . . . .  $530                                                                    personal-use 
14. Casualty loss attributable to a                                                                                               property   . . . . . . . .   -0-      12,500
    federally declared disaster            . . . . . .    $5,000 Property  used  partly  for  business  and                   13. Deductible 
15. Subtract $100 . . . . . . . . . . . . . . . .         100    partly for personal purposes.    When property                   business loss . .            $10,000
16. Loss after $100 rule . . . . . . . . . . .            $4,900 is used partly for personal purposes and partly              14. Deductible
                                                                 for business or income-producing purposes, the                   personal loss. . . . . . . . . . .    $ -0-
17. Subtract remaining gain                                      casualty or theft loss deduction must be figured 
    (line 13) . . . . . . . . . . . . . . . . . . . . . . 530
                                                                 separately for the personal-use portion and for 
18. Loss after subtracting gain            . . . . . .    $4,370 the business or income-producing portion. You 
19. Subtract 10% of $97,000 AGI            . . .          9,700  must  figure  each  loss  separately  because  the 
20. Casualty loss deduction                                      losses attributed to these two uses are figured              Figuring a Gain
    attributable to a federally                                  in two different ways. When figuring each loss, 
    declared disaster . . . . . . . . .                    $ -0- allocate the total cost or basis, the FMV before             If you receive an insurance payment or other re-
                                                                 and after the casualty or theft loss, and the in-            imbursement  that  is  more  than  your  adjusted 
Both real and personal properties.                        When a surance  or  other  reimbursement  between  the              basis  in  the  destroyed,  damaged,  or  stolen 
casualty involves both real and personal prop-                   business and personal use of the property. The               property, you have a gain from the casualty or 
erties,  you  must  figure  the  loss  separately  for           $100  rule  and  the  10%  rule  apply  only  to  the        theft. Your gain is figured as follows.
each  type  of  property.  However,  you  apply  a               casualty or theft loss on the personal-use por-                  The amount you receive (discussed next), 
single  $100  reduction  to  the  total  loss.  Then,            tion of the property.                                        
                                                                                                                                  minus
you  apply  the  10%  rule  to  figure  the  casualty            Example.     You own a building that you con-                  Your adjusted basis in the property at the 
loss deduction.                                                  structed  on  leased  land.  You  use  half  of  the             time of the casualty or theft. See Adjusted 
Example.       In July, a hurricane, which was a                 building  for  your  business  and  you  live  in  the           Basis, earlier, for more information.
federally  declared  disaster,  damaged  your                    other  half.  The  cost  of  the  building  was               Even  if  the  decrease  in  FMV  of  your  prop-
home, which cost you $164,000 including land.                    $400,000.  You  made  no  further  improvements              erty  is  smaller  than  the  adjusted  basis  of  your 
The  FMV  of  the  property  (both  building  and                or additions to it.                                          property, use your adjusted basis to figure the 
land)  immediately  before  the  storm  was                      In March, a flood that was determined to be                  gain.
$170,000  and  its  FMV  immediately  after  the                 a federally declared disaster damaged the en-
storm  was  $100,000.  Your  household  furnish-                 tire  building.  The  FMV  of  the  building  was            Amount you receive.              The amount you receive 
ings  were  also  damaged.  You  separately  fig-                $380,000  immediately  before  the  flood  and               includes any money plus the value of any prop-
ured the loss on each damaged household item                     $320,000 afterwards. Your insurance company                  erty you receive minus any expenses you incur 
and arrived at a total loss of $600.                             reimbursed you $40,000 for the flood damage.                 in obtaining reimbursement. It also includes any 
You  collected  $50,000  from  the  insurance                    Depreciation on the business part of the build-              reimbursement  used  to  pay  off  a  mortgage  or 
company  for  the  damage  to  your  home,  but                  ing  before  the  flood  totaled  $24,000.  Your  ad-        other lien on the damaged, destroyed, or stolen 
your  household  furnishings  weren’t  insured.                  justed  gross  income  for  the  year  the  flood  oc-       property.
Your AGI for the year the hurricane occurred is                  curred is $125,000.
$65,000.  You  figure  your  casualty  loss  deduc-              You  have  a  deductible  business  casualty                  Example.        A  hurricane  destroyed  your  per-
tion from the hurricane in the following manner.                 loss  of  $10,000.  You  don’t  have  a  deductible          sonal  residence  and  the  insurance  company 
                                                                 personal casualty loss because of the 10% rule.              awarded you $145,000. You received $140,000 
                                                                 You figure your loss as follows.                             in cash. The remaining $5,000 was paid directly 
                                                                                                                              to the holder of a mortgage on the property. The 
                                                                                                                              amount you received includes the $5,000 reim-
                                                                                                                              bursement paid on the mortgage.

Page 12                                                                                                                                                        Publication 547 (2022)



- 13 -
Page 13 of 22             Fileid: … tions/p547/2022/a/xml/cycle06/source                                                     8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Main home destroyed.     If you have a gain be-        cottage  this  January,  the  cottage  was  worth        still postpone reporting the gain if you meet the 
cause your main home was destroyed, you can            $250,000. You received $146,000 from the in-             other requirements.
generally exclude the gain from your income as         surance company in March. You had a gain of 
if you had sold or exchanged your home. You            $128,000 ($146,000 − $18,000).                           Advance payment.   If you pay a contractor in 
may be able to exclude up to $250,000 of the           You spent $144,000 to rebuild the cottage.               advance  to  replace  your  destroyed  or  stolen 
gain (up to $500,000 if married filing jointly). To    Because  this  is  less  than  the  insurance  pro-      property, you aren’t considered to have bought 
exclude a gain, you must generally have owned          ceeds  received,  you  must  include  $2,000             replacement property unless it is finished before 
and lived in the property as your main home for        ($146,000 − $144,000) in your income.                    the  end  of  the  replacement  period.  See Re-
at least 2 years during the 5-year period ending                                                                placement Period, later.
on the date it was destroyed. For information on       Buying replacement property from a related 
this  exclusion,  see  Pub.  523.  If  your  gain  is  person. You  can’t  postpone  reporting  a  gain         Similar  or  related  in  service  or  use.  Re-
more than the amount you can exclude, but you          from a casualty or theft if you buy the replace-         placement property must be similar or related in 
buy replacement property, you may be able to           ment property from a related person (discussed           service or use to the property it replaces.
postpone reporting the excess gain. See       Post-    later). This rule applies to the following taxpay-
ponement of Gain, later.                               ers.                                                     Timber  loss.   Standing  timber  (not  land) 
                                                                                                                you bought with the proceeds from the sale of 
Reporting  a  gain. You  must  generally  report       1. C corporations.                                       timber  downed  by  a  casualty  (such  as  high 
your gain as income in the year you receive the        2. Partnerships in which more than 50% of                winds,  earthquakes,  or  volcanic  eruptions) 
reimbursement. However, you don’t have to re-               the capital or profits interests is owned by        qualifies as replacement property. If you bought 
port your gain if you meet certain requirements             C corporations.                                     the standing timber within the specified replace-
                                                                                                                ment  period,  you  can  postpone  reporting  the 
and choose to postpone reporting the gain ac-          3. All others (including individuals, partner-           gain.
cording to the rules explained under  Postpone-             ships (other than those in (2)), and S cor-
ment of Gain next.                                          porations) if the total realized gain for the       Owner-user.     If  you  are  an  owner-user, 
For information on how to report a gain, see                tax year on all destroyed or stolen proper-         “similar or related in service or use” means that 
How To Report Gains and Losses, later.                      ties on which there are realized gains is           replacement property must function in the same 
        If you have a casualty or theft gain on             more than $100,000.                                 way as the property it replaces.
!       personal-use property that you choose          For  casualties  and  thefts  described  in  (3)         Example. Your home was destroyed by fire 
CAUTION to  postpone  reporting  (as  explained 
next)  and  you  also  have  another  casualty  or     above, gains can’t be offset by any losses when          and  you  invested  the  insurance  proceeds  in  a 
theft loss on personal-use property, don’t con-        determining whether the total gain is more than          grocery  store.  Your  replacement  property  isn’t 
sider the gain you are postponing when figuring        $100,000. If the property is owned by a partner-         similar  or  related  in  service  or  use  to  the  de-
your casualty or theft loss deduction. See 10%         ship, the $100,000 limit applies to the partner-         stroyed  property.  To  be  similar  or  related  in 
Rule under Deduction Limits, earlier.                  ship and each partner. If the property is owned          service or use, your replacement property must 
                                                       by an S corporation, the $100,000 limit applies          also be used by you as your home.
                                                       to the S corporation and each shareholder.
                                                                                                                Main home in disaster area.         Special rules 
Postponement of Gain                                   Exception.   This rule doesn’t apply if the re-          apply  to  replacement  property  related  to  the 
                                                       lated person acquired the property from an un-           damage or destruction of your main home (or its 
Don’t  report  a  gain  if  you  receive  reimburse-   related person within the period of time allowed         contents) if located in a federally declared dis-
ment in the form of property similar or related in     for replacing the destroyed or stolen property.          aster area. For more information, see Gains Re-
service or use to the destroyed or stolen prop-                                                                 alized on Homes in Disaster Areas, later.
erty. Your basis in the new property is generally      Related  persons.    Under  this  rule,  related 
the same as your adjusted basis in the property        persons  include,  for  example,  a  parent  and         Owner-investor.    If  you  are  an  owner-in-
it replaces.                                           child, a brother and sister, a corporation and an        vestor,  “similar  or  related  in  service  or  use” 
                                                       individual who owns more than 50% of its out-            means  that  any  replacement  property  must 
You must ordinarily report the gain on your            standing  stock,  and  two  partnerships  in  which      have a similar relationship of services or uses to 
stolen  or  destroyed  property  if  you  receive      the same C corporations own more than 50% of             you as the property it replaces. You decide this 
money  or  unlike  property  as  reimbursement.        the  capital  or  profits  interests.  For  more  infor- by determining all of the following.
However,  you  can  choose  to  postpone  report-      mation  on  related  persons,  see Nondeductible         Whether the properties are of similar serv-
ing the gain if you purchase property that is sim-     Loss under Sales and Exchanges Between Re-                 ice to you.
ilar or related in service or use to the stolen or     lated Persons in chapter 2 of Pub. 544.                  The nature of the business risks connected 
destroyed  property  within  a  specified replace-                                                                with the properties.
ment  period,  discussed  later.  You  can  also       Death  of  a  taxpayer. If  a  taxpayer  dies  after     What the properties demand of you in the 
choose  to  postpone  reporting  the  gain  if  you    having  a  gain  but  before  buying  replacement          way of management, service, and relations 
purchase a controlling interest (at least 80%) in      property, the gain must be reported for the year           to your tenants.
a corporation owning property that is similar or       in which the decedent realized the gain. The ex-
related  in  service  or  use  to  the  property.  See ecutor of the estate or the person succeeding to         Example. You  owned  land  and  a  building 
Controlling interest in a corporation, later.          the funds from the casualty or theft can’t post-         you  rented  to  a  manufacturing  company.  The 
If  you  have  a  gain  on  damaged  property,         pone reporting the gain by buying replacement            building was destroyed by a tornado. During the 
you  can  postpone  reporting  the  gain  if  you      property.                                                replacement  period,  you  had  a  new  building 
spend  the  reimbursement  to  restore  the  prop-                                                              constructed. You rented out the new building for 
erty.                                                  Replacement Property                                     use  as  a  wholesale  grocery  warehouse.  Be-
                                                                                                                cause  the  replacement  property  is  also  rental 
                                                                                                                property,  the  two  properties  are  considered 
To postpone reporting all the gain, the cost           You must buy replacement property for the spe-           similar or related in service or use if there is a 
of  your  replacement  property  must  be  at  least   cific purpose of replacing your destroyed or sto-        similarity in all of the following areas.
as  much  as  the  reimbursement  you  receive.  If    len  property.  Property  you  acquire  as  a  gift  or  Your management activities.
the cost of the replacement property is less than      inheritance doesn’t qualify.                             The amount and kind of services you pro-
the reimbursement, you must include the gain in 
your income up to the amount of the unspent re-                                                                   vide to your tenants.
imbursement.                                           You don’t have to use the same funds you                 The nature of your business risks connec-
                                                       receive as reimbursement for your old property             ted with the properties.
Example.     In  1970,  you  bought  an  ocean-        to  acquire  the  replacement  property.  If  you 
front cottage for your personal use at a cost of       spend  the  money  you  receive  from  the  insur-       Business or income-producing property 
$18,000. You made no further improvements or           ance company for other purposes, and borrow              located  in  a  federally  declared  disaster 
additions  to  it.  When  a  storm  destroyed  the     money  to  buy  replacement  property,  you  can         area. If your   destroyed       business     or 

Publication 547 (2022)                                                                                                                                  Page 13



- 14 -
Page 14 of 22           Fileid: … tions/p547/2022/a/xml/cycle06/source                                                   8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

income-producing  property  was  located  in  a         company reimbursed you $67,000 for the prop-            Ordinarily,  requests  for  extensions  aren’t 
federally  declared  disaster  area,  any  tangible     erty,  which  had  an  adjusted  basis  of  $62,000.    made  or  granted  until  near  the  end  of  the  re-
replacement property you acquire for use in any         You had a gain of $5,000 from the casualty. If          placement period or the extended replacement 
business is treated as similar or related in serv-      you  have  another  rental  home  constructed  for      period.  Extensions  are  usually  limited  to  a  pe-
ice  or  use  to  the  destroyed  property.  The  re-   $110,000  within  the  replacement  period,  you        riod of not more than 1 year. The high market 
placement property doesn’t have to be located           can postpone reporting the gain. You will have          value  or  scarcity  of  replacement  property  isn’t 
in the federally declared disaster area. For more       reinvested  all  the  reimbursement  (including         sufficient  grounds  for  granting  an  extension.  If 
information, see Disaster Area Losses, later.           your entire gain) in the new rental home. Your          your replacement property is being constructed 
                                                        basis for the new rental home will be $105,000          and you clearly show that the construction can’t 
Controlling  interest  in  a  corporation. You          ($110,000 cost − $5,000 postponed gain).                be  completed  within  the  replacement  period, 
can replace property by acquiring a controlling                                                                 you may be granted an extension of the period.
interest in a corporation that owns property sim-       Replacement Period
ilar  or  related  in  service  or  use  to  your  dam-                                                         Gains Realized on Homes in 
aged,  destroyed,  or  stolen  property.  You  can                                                              Disaster Areas
postpone reporting your entire gain if the cost of      To postpone reporting your gain, you must buy 
the stock that gives you a controlling interest is      replacement  property  within  a  specified  period 
at least as much as the amount received (reim-          of time. This is the replacement period.                The following rules apply if your main home was 
                                                                                                                located in an area declared by the President of 
bursement) for your property. You have a con-                                                                   the United States to warrant federal assistance 
trolling interest if you own stock having at least      The replacement period begins on the date               as the result of a disaster, and the home or any 
80%  of  the  combined  voting  power  of  all          your property was damaged, destroyed, or sto-           of its contents were damaged or destroyed due 
classes of voting stock and at least 80% of the         len.                                                    to the disaster. These rules also apply to rent-
total  number  of  shares  of  all  other  classes  of                                                          ers  who  receive  insurance  proceeds  for  dam-
stock.                                                  The replacement period ends 2 years after               aged  or  destroyed  property  in  a  rented  home 
Basis adjustment to corporation’s prop-                 the close of the first tax year in which any part of    that is their main home.
erty. The basis of property held by the corpora-        your gain is realized.
                                                                                                                1. No gain is recognized on any insurance 
tion at the time you acquired control must be re-       Example.   You  are  a  calendar  year  tax-            proceeds received for unscheduled per-
duced by the amount of your postponed gain, if          payer. While you were on vacation, a valuable           sonal property that was part of the con-
any. You aren’t required to reduce the adjusted         piece of antique furniture that cost $2,200 was         tents of the home.
basis of the corporation’s properties below your        stolen  from  your  home.  You  discovered  the         2. Any other insurance proceeds you receive 
adjusted basis in the corporation’s stock (deter-       theft when you returned home on July 7, 2022.           for the home or its contents are treated as 
mined  after  reduction  by  the  amount  of  your      Your insurance company investigated the theft           received for a single item of property, and 
postponed gain).                                        and  didn’t  settle  your  claim  until  January  22,   any replacement property you purchase 
Allocate  this  reduction  to  the  following           2023, when they paid you $3,000. You first real-        that is similar or related in service or use to 
classes of property in the order shown below.           ized a gain from the reimbursement for the theft        the home or its contents is treated as simi-
1. Property that is similar or related in service       during  2023,  so  you  have  until  December  31,      lar or related in service or use to that sin-
or use to the destroyed or stolen property.             2025, to replace the property.                          gle item of property. Therefore, you can 
                                                                                                                choose to recognize gain only to the ex-
2. Depreciable property not reduced in (1).             Main  home  in  disaster  area. For  your  main         tent the insurance proceeds treated as re-
3. All other property.                                  home (or its contents) located in a federally de-       ceived for that single item of property ex-
                                                        clared  disaster  area,  the  replacement  period       ceed the cost of the replacement property.
If two or more properties fall in the same class,       generally ends 4 years after the close of the first 
allocate  the  reduction  to  each  property  in  pro-  tax year in which any part of your gain is real-        3. If you choose to postpone any gain from 
portion to the adjusted bases of all the proper-        ized. See Disaster Area Losses, later.                  the receipt of insurance or other reim-
ties in that class. The reduced basis of any sin-                                                               bursement for your main home or any of 
gle property can’t be less than zero.                   Example.   You  are  a  calendar  year  tax-            its contents, the period in which you must 
                                                        payer. A hurricane destroyed your home in Sep-          purchase replacement property is exten-
Main home replaced.    If your gain from the re-        tember 2022. In December 2022, the insurance            ded until 4 years after the end of the first 
imbursement  you  receive  because  of  the  de-        company paid you $3,000 more than the adjus-            tax year in which any part of the gain is re-
struction  of  your  main  home  is  more  than  the    ted basis of your home. The area in which your          alized.
amount you can exclude from your income (see            home is located isn’t a federally declared disas-       For details on how to postpone gain, see How 
Main  home  destroyed  under  Figuring  a  Gain,        ter area. You first realized a gain from the reim-      To Postpone a Gain, later.
earlier), you can postpone reporting the excess         bursement for the casualty in 2022, so you have 
gain  by  buying  replacement  property  that  is       until  December  31,  2024,  to  replace  the  prop-    Example. Your main home and its contents 
similar or related in service or use. To postpone       erty.  If  your  home  had  been  in  a  federally  de- were  completely  destroyed  in  2022  by  a  tor-
reporting  all  the  excess  gain,  the  replacement    clared disaster area, you would have until De-          nado  in  a  federally  declared  disaster  area.  In 
property  must  cost  at  least  as  much  as  the      cember 31, 2026, to replace the property.               2022,  you  received  insurance  proceeds  of 
amount  you  received  because  of  the  destruc-
tion minus the excluded gain.                           Extension. You can apply for an extension of            $200,000  for  the  home,  $25,000  for  unsched-
Also,  if  you  postpone  reporting  any  part  of      the  replacement  period.  Send  your  written  ap-     uled personal property in your home, $5,000 for 
your gain under these rules, you are treated as         plication to the Internal Revenue Service Center        jewelry, and $10,000 for a stamp collection.
having owned and used the replacement prop-             where you file your tax return. See your tax re-        No gain is recognized on the $25,000 of in-
erty  as  your  main  home  for  the  period  you       turn instructions or go to Where To File Paper          surance  proceeds  you  received  for  the  un-
owned and used the destroyed property as your           Tax  Returns  With  or  Without  a  Payment  on         scheduled personal property.
main home.                                              IRS.gov for the address. Your application must          The jewelry and stamp collection were kept 
                                                        contain all the details about the need for the ex-      in your home and were scheduled property on 
Basis of replacement property.    You must re-          tension. You should apply before the end of the         your  insurance  policy.  Your  home  and  its  re-
duce the basis of your replacement property (its        replacement period.                                     placement  contents  are  considered  a  single 
                                                                                                                item of property for the purpose of recognizing 
cost) by the amount of postponed gain. In this          However, you can file an application within a           gain  on  the  involuntary  conversion  your  home 
way, tax on the gain is postponed until you dis-        reasonable  time  after  the  replacement  period       and its contents.
pose of the replacement property.                       ends if you have a good reason for the delay.           If you reinvest the remaining insurance pro-
                                                        An extension may be granted if you can show             ceeds of $215,000 in a replacement home and 
Example.   A  fire  destroyed  your  rental             that  there  is  reasonable  cause  for  not  making 
home  that  you  never  lived  in.  The  insurance      the replacement within the replacement period.

Page 14                                                                                                                                 Publication 547 (2022)



- 15 -
Page 15 of 22           Fileid: … tions/p547/2022/a/xml/cycle06/source                                                       8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

its replacement contents, you can elect to post-        can’t  later  substitute  other  qualified  replace-  Losses.  Generally, you can deduct a casualty 
pone any gain on your home, jewelry, or stamp           ment property. This is true even if you acquire       loss that isn’t reimbursable only in the tax year 
collection.                                             the  other  property  within  the  replacement  pe-   in which the casualty occurred. This is true even 
If  you  reinvest  less  than  the  remaining           riod. However, if you discover that the original      if you don’t repair or replace the damaged prop-
$215,000  of  insurance  proceeds  in  a  replace-      replacement  property  wasn’t  qualified  replace-    erty  until  a  later  year.  (However,  see Disaster 
ment  home  and  its  replacement  contents,  you       ment property, you can (within the replacement        Area Losses, later, for an exception.)
recognize any gain to the extent the $215,000           period)  substitute  the  new  qualified  replace-    You can deduct theft losses that aren’t reim-
of insurance proceeds exceeds the amount you            ment property.                                        bursable  only  in  the  year  you  discover  your 
invest  in  a  replacement  home  and  its  replace-                                                          property was stolen.
ment contents.                                          Amended  return.   You  must  file  an  amended       If in the year of the casualty there is a claim 
To  postpone  the  gain,  you  must  purchase           return (individuals use Form 1040-X) for the tax      for  reimbursement  with  a  reasonable  prospect 
the replacement property before 2027. Your ba-          year of the gain in either of the following situa-    of  recovery,  the  loss  isn’t  sustained  until  you 
sis in the replacement property equals its cost         tions.                                                know  with  reasonable  certainty  whether  such 
decreased  by  the  amount  of  any  postponed           You don’t acquire replacement property             reimbursement  will  be  received.  If  you  aren’t 
gain.                                                      within the required replacement period             sure whether part of your casualty or theft loss 
                                                           plus extensions. On this amended return,           will  be  reimbursed,  don’t  deduct  that  part  until 
How To Postpone a Gain                                     you must report the gain and pay any addi-         the tax year when you become reasonably cer-
                                                           tional tax due.                                    tain  that  it  won’t  be  reimbursed.  The  later  tax 
You postpone reporting your gain from a casu-            You acquire replacement property within            year is when your loss is sustained.
alty or theft by reporting your choice on your tax         the required replacement period plus ex-
return for the year you have the gain. You have            tensions, but at a cost less than the              Loss on deposits.     If your loss is a loss on 
the gain in the year you receive insurance pro-            amount you receive for the casualty or             deposits at an insolvent or bankrupt financial in-
ceeds or other reimbursements that result in a             theft. On this amended return, you must re-        stitution, see Loss on Deposits, earlier.
gain.                                                      port the portion of the gain that can’t be 
                                                           postponed and pay any additional tax due.          Lessee’s  loss.     If  you  lease  property  from 
                                                                                                              someone  else,  you  can  deduct  a  loss  on  the 
If  a  partnership  or  a  corporation  owns  the                                                             property in the year your liability for the loss is 
stolen  or  destroyed  property,  only  the  partner-   Three-year limit. The period for assessing tax 
ship or corporation can choose to postpone re-          on any gain ends 3 years after the date you no-       determined. This is true even if the loss occur-
porting the gain.                                       tify the director of the IRS for your area of any of  red or the liability was paid in a different year. 
                                                        the following.                                        You aren’t entitled to a deduction until your lia-
Required  statement. You  should  attach  a              You replaced the property.                         bility  under  the  lease  can  be  determined  with 
statement to your return for the year you have           You don’t intend to replace the property.          reasonable  accuracy.  Your  liability  can  be  de-
the gain. This statement should include the fol-         You didn’t replace the property within the         termined  when  a  claim  for  recovery  is  settled, 
lowing.                                                    replacement period.                                adjudicated, or abandoned. 
The date and details of the casualty or 
  theft.                                                Changing  your  mind.   You  can  change  your 
The insurance or other reimbursement you              mind about whether to report or to postpone re-       Disaster Area Losses
  received from the casualty or theft.                  porting your gain at any time before the end of 
How you figured the gain.                             the replacement period.                               This section discusses the special rules that ap-
                                                                                                              ply to federally declared disaster area losses. It 
Replacement  property  acquired  before                    Example.    Your  property  was  destroyed  in     contains  information  on  when  you  can  deduct 
return filed. If you acquire replacement prop-          2021 due to a federally declared disaster. Your       your loss, how to claim your loss, how to treat 
erty before you file your return for the year you       insurance company reimbursed you $10,000, of          your  home  in  a  disaster  area,  and  what  tax 
have  the  gain,  your  statement  should  also  in-    which  $5,000  was  a  gain.  You  reported  the      deadlines may be postponed. It also lists Fed-
clude  detailed  information  about  all  of  the  fol- $5,000  gain  on  your  return  for  2021  (the  year eral  Emergency  Management  Agency  (FEMA) 
lowing.                                                 you realized the gain) and paid the tax due. In       phone  numbers.  (See Contacting  the  Federal 
The replacement property.                             2022,  you  bought  replacement  property.  Your      Emergency  Management  Agency  (FEMA), 
The postponed gain.                                   replacement  property  cost  $9,000.  Because         later.)
The basis adjustment that reflects the                you reinvested all but $1,000 of your reimburse-
  postponed gain.                                       ment, you can now postpone reporting $4,000           A disaster loss is a loss that occurred in an 
Any gain you are reporting as income.                 ($5,000 − $1,000) of your gain.                       area determined by the President of the United 
                                                           To  postpone  reporting  your  gain,  file  an     States to warrant assistance by the federal gov-
Replacement property acquired after re-                 amended  return  for  2021  using  Form  1040-X.      ernment  under  the  Stafford  Act  and  that  is  at-
turn filed. If you intend to acquire replacement        You should attach an explanation showing that         tributable to a federally declared disaster. Dis-
property after you file your return for the year in     you previously reported the entire gain from the      aster  areas  include  areas  warranting  public  or 
which you have the gain, your statement should          casualty  but  you  now  want  to  report  only  the  individual  assistance  (or  both).  A  federally  de-
also state that you are choosing to replace the         part of the gain ($1,000) equal to the part of the    clared  disaster  includes  a  major  disaster  or 
property  within  the  required  replacement  pe-       reimbursement not spent for replacement prop-         emergency declaration.
riod.                                                   erty.                                                        A list of the areas warranting public or 
You should then attach another statement to                                                                   TIP    individual  assistance  (or  both)  under 
your return for the year in which you acquire the                                                                    the  Stafford  Act  is  available  at 
replacement  property.  This  statement  should                                                               FEMA.gov/Disasters.
contain detailed information on the replacement         When To Report Gains 
property.                                               and Losses
If you acquire part of your replacement prop-                                                                 FEMA  disaster  declaration  numbers.        If  you 
erty  in  one  year  and  part  in  another  year,  you Gains.   If you receive an insurance or other re-     are reporting a casualty or theft loss attributable 
must  make  a  statement  for  each  year.  The         imbursement  that  is  more  than  your  adjusted     to a federally declared disaster, check the box 
statement  should  contain  detailed  information       basis  in  the  destroyed  or  stolen  property,  you and enter the DR or EM declaration number as-
on  the  replacement  property  acquired  in  that      have a gain from the casualty or theft. You must      signed  by  FEMA  in  the  space  provided  above 
year.                                                   include this gain in your income in the year you      line 1 on your 2022 Form 4684. A list of feder-
                                                        receive the reimbursement, unless you choose          ally declared disasters and FEMA disaster dec-
Substituting  replacement  property.   Once             to postpone  reporting  the  gain,  as  explained     laration  numbers  is  available  at FEMA.gov/
you have acquired qualified replacement prop-           earlier.                                              Disasters.
erty that you designate as replacement property                                                               The FEMA disaster declaration number con-
in a statement attached to your tax return, you                                                               sists  of  the  letters  “DR”  and  four  numbers,  or 
Publication 547 (2022)                                                                                                                           Page 15



- 16 -
Page 16 of 22         Fileid: … tions/p547/2022/a/xml/cycle06/source                                                             8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

the  letters  “EM”  and  four  numbers.  For  exam-          Claiming  a  qualifying  disaster  loss  on          1. Enter the amount from Form 4684, line 15, 
ple, enter “DR-4645” for the Tennessee Severe            TIP the previous year’s return may result in               on the dotted line next to line 16 on 
Winter Storm.                                                a lower tax for that year, often produc-               Schedule A and the description, “Net 
                                                         ing or increasing a cash refund.                           Qualified Disaster Loss.”
Disaster  year. The  disaster  year  is  the  tax 
                                                                                                                  2. Also, enter on the dotted line next to 
year in which you sustained the loss attributable        Revoking the election to deduct the loss                   line 16 your standard deduction amount 
to  a  federally  declared  disaster.  Generally,  a     in  the  preceding  year. Complete  Part  II  of           and the description, “Standard Deduction 
disaster loss is sustained in the year the disas-        Section D on the 2021 Form 4684 if you want to             Claimed With Qualified Disaster Loss.”
ter occurred. However, a disaster loss may also          revoke a 2022 disaster year election to deduct 
be sustained in a year after the disaster occur-         a federally declared disaster loss in the preced-        3. Combine these two amounts and enter on 
red. For example, if a claim for reimbursement           ing tax year. Attach the completed Section D to            line 16 of Schedule A and Form 1040 or 
exists for which there is a reasonable prospect          an amended return for the preceding year (that             1040-SR, line 12.
of recovery, no part of the loss for which reim-         is,  to  an  amended  2021  return  for  the  revoca-
bursement may be received is sustained until it          tion of a 2022 disaster year election).                          The  alternative  minimum  tax  adjust-
can  be  ascertained  with  reasonable  certainty        Your  amended  return  revoking  the  election           !       ment  for  the  standard  deduction  is 
whether you will be reimbursed.                          must  be  filed  on  or  before  the  date  that  is  90 CAUTION made  retroactively  inapplicable  to  net 
                                                         days after the due date for making the election          qualified  disaster  losses.  See Taxpayers  who 
When to deduct the loss. You must generally              and on or before the date you file any return or         also file the 2022 Form 6251, Alternative Mini-
deduct  a  casualty  loss  in  the  disaster  year.      amended  return  for  the  year  that  includes  the     mum Tax for Individuals, in the Instructions for 
However, if you have a casualty loss from a fed-         disaster loss.                                           Form 4684 for more information.
erally declared disaster that occurred in an area        Your amended return (revoking the previous 
warranting  public  or  individual  assistance  (or      disaster  loss  election)  should  refigure  your  tax   Main home in disaster area.       If your home is 
both), you can elect to deduct that loss on your         liability as a result of revoking the election. You      located  in  a  federally  declared  disaster  area, 
return or amended return for the tax year imme-          must pay or make arrangements to pay any tax             you  can  postpone  reporting  the  gain  if  you 
diately preceding the disaster year. If you make         and interest due as a result of the revocation.          spend  the  reimbursement  to  repair  or  replace 
this election, the loss is treated as having occur-                                                               your home. Special rules apply to replacement 
red  in  the  preceding  year.  A  list  of  areas  war- Qualified  disaster  losses. A  qualified  disas-        property related to the damage or destruction of 
ranting public or individual assistance (or both)        ter loss is an individual’s casualty or theft loss of    your  main  home  (or  its  contents)  if  located  in 
is available at the FEMA website at FEMA.gov/            personal-use  property  that  is  attributable  to  a    these  areas.  For  more  information,  see Gains 
Disasters.                                               major disaster that was declared by the Presi-           Realized on Homes in Disaster Areas, earlier.
You  must  make  the  election  to  take  your           dent  during  the  period  between  January  1, 
casualty  loss  for  the  disaster  in  the  preceding   2020, and February 25, 2021. Also, this disas-           Home  made  unsafe  by  disaster.    If  your 
year on or before the date that is 6 months after        ter must have an incident period that began on           home is located in a federally declared disaster 
the regular due date for filing your original return     or after December 28, 2019, and on or before             area, your state or local government may order 
(without extensions) for the disaster year. If you       December 27, 2020, and must have ended no                you to tear it down or move it because it is no 
are a calendar year taxpayer, you have until Oc-         later than January 26, 2021. The definition of a         longer safe to live in because of the disaster. If 
tober 16, 2023, to amend your 2021 tax return            qualified  disaster  loss  does  not  extend  to  any    this happens, treat the loss in value as a casu-
to  claim  a  casualty  loss  that  occurred  during     major disaster which has been declared only by           alty loss from a disaster. Your state or local gov-
2022.                                                    reason of COVID-19.                                      ernment  must  issue  the  order  for  you  to  tear 
                                                         A qualified disaster loss also includes an in-           down or move the home within 120 days after 
How  to  deduct  your  loss  in  the  preceding          dividual’s casualty or theft loss of personal-use        the area is declared a disaster area.
year. If  you  have  already  filed  your  return  for   property that is attributable to:                        Figure  your  loss  in  the  same  way  as  for 
the preceding year, you can elect to claim a dis-         A major disaster declared by the President            casualty losses of personal-use property. (See 
aster loss against that year’s income by filing an          under section 401 of the Stafford Act in              Figuring a Loss, earlier.) In determining the de-
amended return. Individuals file an amended re-             2016;                                                 crease in FMV, use the value of your home be-
turn  on  Form  1040-X.  (See How  to  report  the        Hurricane Harvey;                                     fore you move it or tear it down as its FMV after 
loss on Form 1040-X, later.)                              Tropical Storm Harvey;                                the casualty.
To  make  this  election,  complete  Part  I  of          Hurricane Irma;
Section D on the 2021 Form 4684 and attach it             Hurricane Maria;                                      Unsafe  home.        Your  home  will  be  consid-
to  your  2021  return  or  amended  return  that         The California wildfires in 2017 and Janu-            ered unsafe only if both of the following apply.
claims the disaster loss deduction.                         ary 2018; and                                         Your home is substantially more danger-
You  must  make  an  election  to  deduct  the            A major disaster that was declared by the               ous after the disaster than it was before the 
loss in the preceding year on or before the date            President under section 401 of the Stafford             disaster.
that is 6 months after the regular due date for fil-        Act and that occurred in 2018 and before              The danger is from a substantially in-
ing your original return (without extensions) for           December 21, 2019, and continued no                     creased risk of future destruction from the 
the  disaster  year.  For  individual  calendar  year       later than January 19, 2020 (except those               disaster.
taxpayers,  the  deadline  for  electing  to  take  a       attributable to the California wildfires in 
2022  disaster  loss  on  your  2021  tax  return  is       January 2018 that received prior relief).             Example.     Due to a severe storm, the Presi-
                                                                                                                  dent  declared  the  county  you  live  in  a  federal 
October 16, 2023. See the 2021 Instructions for          See IRS.gov/DisasterTaxRelief for date-                  disaster area. Although your home has only mi-
Form  4684  for  more  detailed  information  on         specific declarations associated with  these  dis-       nor  damage  from  the  storm,  a  month  later  the 
how  to  claim  these  losses  on  your  original  or    asters and for more information.                         county issues a demolition order. This order is 
amended 2021 return.                                                                                              based on a finding that your home is unsafe due 
If you claimed a deduction for a disaster loss           Note. If  you  suffered  a  qualified  disaster          to nearby mud slides caused by the storm. The 
on the tax return for the disaster year and you          loss,  you  are  eligible  to  claim  a  casualty  loss  loss  in  your  home’s  value  because  the  mud 
wish  to  deduct  the  loss  in  the  preceding  year,   deduction and to elect to claim the loss in the          slides  made  it  unsafe  is  treated  as  a  casualty 
you must file an amended return to remove the            preceding tax year.                                      loss from a disaster. The loss in value is the dif-
previously deducted loss on or before the date                                                                    ference between your home’s FMV immediately 
you  file  the  return  or  amended  return  for  the    Increased  standard  deduction  reporting.      If       before  the  disaster  and  immediately  after  the 
preceding  year  that  includes  the  disaster  loss     you have a net qualified disaster loss on Form           disaster.
deduction.                                               4684, line 15, and you aren’t itemizing your de-
                                                         ductions, you can claim an increased standard            Figuring the loss deduction.      When elect-
                                                         deduction  using  Schedule  A  (Form  1040)  by          ing  to  deduct  your  loss  in  the  preceding  year, 
                                                         doing the following.                                     unless  you  have  a qualified  disaster  loss,  dis-
                                                                                                                  cussed  earlier,  you  must  figure  the  loss  under 
Page 16                                                                                                                                Publication 547 (2022)



- 17 -
Page 17 of 22                       Fileid: … tions/p547/2022/a/xml/cycle06/source                                                   8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

the usual rules for casualty losses, as if it occur-          Records. You should keep the records that                period of time. See Postponement of Gain, ear-
red in the year preceding the disaster.                       support your loss deduction. You don’t have to           lier, for the rules that apply.
                                                              attach them to the amended return.
Example.     A hurricane damaged your main                                                                             Qualified disaster relief payments. Qualified 
home and destroyed your furniture in Septem-                  If  your  records  were  destroyed  or  lost,  you       disaster  relief  payments  aren’t  included  in  the 
ber 2022. This was your only casualty loss for                may  have  to  reconstruct  them.  Information           income of individuals to the extent any expen-
the year. Your home is located in a federally de-             about  reconstructing  records  is  available  at        ses  compensated  by  these  payments  aren’t 
clared  disaster  area  designated  by  FEMA  in              IRS.gov/Newsroom/Reconstructing-Records-                 otherwise  compensated  for  by  insurance  or 
September  2022  for  public  or  individual  assis-          After-a-Natural-Disaster-or-Casualty-Loss or             other  reimbursement.  These  payments  aren’t 
tance (or both). The cost of your home and land               see Pub.  3067,  IRS  Disaster  Assistance-              subject to income tax, self-employment tax, or 
was  $134,000.  The  FMV  immediately  before                 Federally Declared Disaster Area.                        employment  taxes  (social  security,  Medicare, 
the disaster was $147,500 and the FMV imme-                                                                            and federal unemployment taxes). No withhold-
diately afterward was $100,000. You separately                Need  a  copy  of  your  tax  return  for  the           ing applies to these payments.
figured  the  loss  on  each  item  of  furniture  (see       preceding  year? It  will  be  easier  to  prepare        Qualified  disaster  relief  payments  include 
Figuring the Deduction, earlier) and arrived at a             Form 1040-X if you have a copy of your tax re-           payments  you  receive  (regardless  of  the 
total loss for furniture of $3,000. Your insurance            turn for the preceding year. If you had your tax         source) for the following expenses.
didn’t cover this type of casualty loss, and you              return  completed  by  a  tax  preparer,  he  or  she        Reasonable and necessary personal, fam-
expect no reimbursement for either your home                  should  be  able  to  provide  you  with  a  copy  of    
                                                                                                                           ily, living, or funeral expenses incurred as a 
or your furniture.                                            your return. If not, you can get a copy by filing            result of a federally declared disaster.
You  elect  to  amend  your  2021  return  to                 Form 4506 with the IRS. There is a fee for each              Reasonable and necessary expenses in-
claim  your  casualty  loss  for  the  disaster.  Your        return requested. However, if your main home,            
                                                                                                                           curred for the repair or rehabilitation of a 
AGI  on  your  2021  return  was  $71,000.  Using             principal  place  of  business,  or  tax  records  are       personal residence due to a federally de-
the rules applicable to disaster losses, you fig-             located  in  a  federally  declared  disaster  area,         clared disaster. (A personal residence can 
ure your casualty loss as follows.                            this  fee  will  be  waived.  Write  the  name  of  the      be a rented residence or one you own.)
                                                              disaster in the top margin of Form 4506 (for ex-             Reasonable and necessary expenses in-
                                                              ample, “Tennessee Severe Winter Storm”).                 
                                                     Furnish-                                                              curred for the repair or replacement of the 
                                   House             ings                                                                  contents of a personal residence due to a 
                                                              Other Disaster Issues                                        federally declared disaster.
1. Cost . . . . . . . . . . . . .  $134,000          $10,000                                                            Qualified  disaster  relief  payments  also  in-
                                                              Disaster  loss  to  inventory. If  your  inventory       clude  amounts  paid  to  individuals  affected  by 
2. FMV before                                                 loss qualifies as a casualty loss and is attributa-      the disaster by a federal, state, or local govern-
    disaster   . . . . . . . . . . $147,500          $8,000   ble  to  a  federally  declared  disaster  in  an  area  ment  in  connection  with  a  federally  declared 
3. FMV after                                                  designated by FEMA for public or individual as-          disaster. These payments must be made from a 
    disaster   . . . . . . . . . . 100,000           5,000    sistance (or both), you may elect to deduct the          governmental  fund,  be  based  on  individual  or 
4. Decrease in FMV                                            loss  on  your  return  or  amended  return  for  the    family  needs,  and  not  be  compensation  for 
    (line 2 − line 3) . . . .      $47,500           $3,000   immediately  preceding  year.  However,  de-             services.  Payments  to  businesses  generally 
5. Smaller of line 1 or                                       crease  your  opening  inventory  for  the  year  of     don’t qualify.
    line 4 . . . . . . . . . . . . $47,500           $3,000   the loss so that the loss won’t be reported again 
6. Subtract estimated                                         in inventories.                                                 Qualified disaster relief payments don’t 
     insurance     . . . . . . . . -0-               -0-                                                                !     include:
                                                              Federal loan canceled. If part of your federal           CAUTION
7. Loss after                                                 disaster  loan  was  canceled  under  the  Stafford        Payments for expenses otherwise paid for 
    reimbursement     . . . .      $47,500           $3,000
                                                              Act, it is considered to be reimbursement for the            by insurance or other reimbursements; or
8. Total loss  . . . . . . . . . . . . . . . . . .   $50,500  loss.  The  cancellation  reduces  your  casualty          Income replacement payments, such as 
9. Subtract $100   . . . . . . . . . . . . . .       100      loss deduction.                                              payments of lost wages, lost business in-
                                                                                                                           come, or unemployment compensation.
10. Loss after $100 rule           . . . . . . . . . $50,400  Federal  disaster  relief  grants. Don’t  include 
11. Subtract 10% of $71,000                                   post-disaster  relief  grants  received  under  the 
    AGI . . . . . . . . . . . . . . . . . . . . . .  7,100
                                                              Stafford  Act  in  your  income  if  the  grant  pay-    Qualified  disaster  mitigation  payments. 
12. Amount of casualty loss                                   ments  are  made  to  help  you  meet  necessary         Qualified  disaster  mitigation  payments  made 
    deduction . . . . . . . . . . . .                $43,300  expenses or serious needs for medical, dental,           under the Stafford Act or the National Flood In-
                                                              housing,  personal  property,  transportation,  or       surance  Act  (as  in  effect  on  April  15,  2005) 
How to report the loss on Form 1040-X.               You      funeral expenses. Don’t deduct casualty losses           aren’t included in income. These are payments 
should adjust your deductions on Form 1040-X.                 or medical expenses to the extent they are spe-          you, as a property owner, receive to reduce the 
The Instructions for Form 1040-X show how to                  cifically  reimbursed  by  these  disaster  relief       risk  of  future  damage  to  your  property.  You 
do this. Explain the reasons for your adjustment              grants. If the casualty loss was specifically reim-      can’t increase your basis in the property, or take 
and attach Form 4684 to show how you figured                  bursed by the grant and you received the grant           a  deduction  or  credit,  for  expenditures  made 
your loss. See Figuring a Loss, earlier.                      after the year in which you deducted the casu-           with respect to those payments.
If  the  damaged  or  destroyed  property  was                alty  loss,  see Reimbursement  Received  After 
nonbusiness  property and  you  didn’t  itemize               Deducting  Loss,  earlier.  Unemployment  assis-         Sale  of  property  under  hazard  mitigation 
your  deductions  on  your  original  return,  you            tance payments under the Stafford Act are taxa-          program. Generally,  if  you  sell  or  otherwise 
must  first  determine  whether  the  casualty  loss          ble unemployment compensation.                           transfer property, you must recognize any gain 
deduction now makes it advantageous for you                                                                            or loss for tax purposes unless the property is 
to  itemize.  It  is  advantageous  to  itemize  if  the      State disaster relief grants for businesses.             your main home. You report the gain or deduct 
total  of  the  casualty  loss  deduction  and  any           A grant that a business receives under a state           the loss on your tax return for the year you real-
other  itemized  deductions  is  more  than  your             program to reimburse businesses for losses in-           ize it. (You can’t deduct a loss on personal-use 
standard  deduction.  If  you  itemize,  attach               curred  for  damage  or  destruction  of  property       property  unless  the  loss  resulted  from  a casu-
Schedule A (Form 1040) or Schedule A (Form                    because of a disaster isn’t excludable from in-          alty, as discussed earlier.) However, if you sell 
1040-NR), and Form 4684 to your amended re-                   come under the general welfare exclusion, as a           or  otherwise  transfer  property  to  the  federal 
turn. Fill out Form 1040-X to refigure your tax to            gift,  as  a  qualified  disaster  relief  payment  (ex- government, a state or local government, or an 
find your refund.                                             plained  next),  or  as  a  contribution  to  capital.   Indian tribal government under a hazard mitiga-
                                                              However, the business can choose to postpone             tion  program,  you  can  choose  to  postpone  re-
                                                              reporting gain realized from the grant if it buys        porting  the  gain  if  you  buy  qualifying  replace-
                                                              qualifying replacement property within a certain         ment  property  within  a  certain  period  of  time. 

Publication 547 (2022)                                                                                                                                        Page 17



- 18 -
Page 18 of 22            Fileid: … tions/p547/2022/a/xml/cycle06/source                                                      8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Table 3. When To Deduct a Casualty or Theft Loss
IF you have a loss...*                 THEN deduct it in the...                                                   How To Report Gains 
from a casualty*                       year the loss occurred.                                                    and Losses
in a federally declared disaster area  disaster year or the year immediately
                                        before the disaster year.                                                 How  you  report  gains  and  losses  depends  on 
                                                                                                                  whether  the  property  was  business,  in-
from a theft                           year the theft was discovered.                                             come-producing, or personal-use property.
on a deposit treated as a casualty     year a reasonable estimate can be made.
                                                                                                                  Personal-use  property.   If  you  have  a  loss, 
* If you are an individual, casualty and theft losses of personal-use property are deductible only if the loss is use both of the following.
attributable to a federally declared disaster. An exception applies where you have personal casualty gains.         Form 4684.
                                                                                                                    Schedule A (Form 1040) (or Schedule A 
See Postponement of Gain, earlier, for the rules          ter area, but whose records necessary to                    (Form 1040-NR), if you are a nonresident 
that apply.                                               meet a postponed tax deadline are located                   alien).
                                                          in the covered disaster area.                            If you have a gain, report it on both of the fol-
Gains. Special  rules  apply  if  you  choose  to       Any individual visiting the covered disaster            lowing.
postpone  reporting  gain  on  property  damaged          area who was killed or injured as a result of               Form 4684.
or  destroyed  in  a  federally  declared  disaster       the disaster.                                           
area. For these special rules, see the following        Any other person determined by the IRS to                 Schedule D (Form 1040).
discussions.                                              be affected by a federally declared disas-               Don’t  report  on  these  forms  any  gain  you 
  Main home in disaster area, earlier, under            ter.                                                    postpone. If you choose to postpone gain, see 
    Replacement Property.                                                                                         How To Postpone a Gain, earlier.
  Business or income-producing property lo-             Covered disaster area.  This is an area of 
    cated in a federally declared disaster area,       a  federally  declared  disaster  in  which  the  IRS      Business  and  income-producing  property. 
    earlier, under Replacement Property.               has decided to postpone tax deadlines for up to            Use Form 4684 to report your gains and losses. 
                                                       1 year.                                                    You will also have to report the gains and los-
                                                                                                                  ses on other forms, as explained next.
Postponed Tax Deadlines                                Mandatory  60-day  postponement.   Certain 
                                                       taxpayers affected by a federally declared dis-             Property  held  1  year  or  less. Individuals 
The IRS may postpone for up to 1 year certain          aster that occurs after December 20, 2019, may             report  losses  from  income-producing  property 
tax deadlines of taxpayers who are affected by         be  eligible  for  a  mandatory  60-day  postpone-         on  Schedule  A  (Form  1040).  Gains  from  busi-
a federally declared disaster. The tax deadlines       ment for certain tax deadlines such as filing or           ness and income-producing property are com-
the IRS may postpone include those for filing in-      paying income, excise, and employment taxes;               bined  with  losses  from  business  property  and 
come,  excise,  and  employment  tax  returns;         and making contributions to a traditional IRA or           the net gain or loss is reported on Form 4797. If 
paying income, excise, and employment taxes;           Roth IRA.                                                  you aren’t otherwise required to file Form 4797, 
and making contributions to a traditional IRA or          The period beginning on the earliest incident           only enter the net gain or loss on your tax return 
Roth IRA.                                              date  specified  in  the  disaster  declaration  and       on the line identified as from Form 4797 (for in-
If any tax deadline is postponed, the IRS will         ending on the date that is 60 days after either            dividuals  filing  Form  1040  or  1040-SR,  this 
publicize  the  postponement  in  your  area  and      the earliest incident date or the date of the dec-         would be Schedule 1 (Form 1040), line 4). Next 
publish a news release and, where necessary,           laration, whichever is later, is the period during         to  that  line,  enter  “Form  4684.”  Partnerships 
in a revenue ruling, revenue procedure, notice,        which the deadlines are postponed.                         and S corporations should see the Instructions 
announcement, or other guidance in the Internal           For  information  about  disaster  relief  availa-      for Form 4684 to find out where to report these 
Revenue  Bulletin  (IRB).  Go  to      IRS.gov/        ble  in  your  area,  including  postponements,  go        gains and losses.
DisasterTaxRelief  to  find  out  if  a  tax  deadline to IRS News Around the Nation.                              Property  held  more  than  1  year. If  your 
has been postponed for your area.                                                                                 losses  from  business  and  income-producing 
                                                       Abatement  of  interest  and  penalties.   The             property are more than gains from these types 
Who  is  eligible. If  the  IRS  postpones  a  tax     IRS may abate the interest and penalties on un-            of property, combine your losses from business 
deadline, the following taxpayers are eligible for     derpaid  income  tax  for  the  length  of  any  post-     property with total gains from business and in-
the postponement.                                      ponement of tax deadlines.                                 come-producing  property.  Report  the  net  gain 
  Any individual whose main home is located                                                                     or  loss  as  an  ordinary  gain  or  loss  on  Form 
    in a covered disaster area (defined later).        Contacting the Federal                                     4797.  If  you  aren’t  otherwise  required  to  file 
  Any business entity or sole proprietor                                                                        Form  4797,  only  enter  the  net  gain  or  loss  on 
    whose principal place of business is loca-         Emergency Management                                       your  tax  return  on  the  line  identified  as  from 
    ted in a covered disaster area.                    Agency (FEMA)                                              Form  4797  (for  individuals  filing  Form  1040  or 
  Any individual who is a relief worker affili-                                                                 1040-SR,  this  would  be  Schedule  1  (Form 
    ated with a recognized government or phil-         You can get information from FEMA by visiting              1040),  line  4).  Next  to  that  line,  enter  “Form 
    anthropic organization and who is assisting        DisasterAssistance.gov, or calling the following           4684.”  Individuals  deduct  any  loss  of  in-
    in a covered disaster area.                        phone numbers. These numbers are only acti-                come-producing property on Schedule A (Form 
  Any individual, business entity, or sole pro-      vated after a federally declared disaster.                 1040). Partnerships and S corporations should 
    prietorship whose records are needed to             800-621-3362.                                           see Form 4684 to find out where to report these 
    meet a postponed tax deadline, provided             Dial 711 and provide the TRS operator the               gains and losses.
    those records are maintained in a covered             number 800-621-3362 if you are deaf, hard                If losses from business and income-produc-
    disaster area. The main home or principal             of hearing, or have a speech disability.                ing property are less than or equal to gains from 
    place of business doesn’t have to be loca-                                                                    these types of property, report the net amount 
    ted in the covered disaster area.                                                                             on Form 4797. You may also have to report the 
  Any estate or trust that has tax records                                                                      gain on Schedule D (Form 1040) depending on 
    necessary to meet a postponed tax dead-                                                                       whether  you  have  other  transactions.  Partner-
    line, provided those records are main-                                                                        ships and S corporations should see Form 4684 
    tained in a covered disaster area.                                                                            to find out where to report these gains and los-
  The spouse on a joint return with a tax-                                                                      ses.
    payer who is eligible for postponements.
  Any individual, business entity, or sole pro-                                                                  Depreciable  property.   If  the  damaged  or 
    prietorship not located in a covered disas-                                                                   stolen  property  was  depreciable  property  held 

Page 18                                                                                                                            Publication 547 (2022)



- 19 -
Page 19 of 22              Fileid: … tions/p547/2022/a/xml/cycle06/source                                                8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

more than 1 year, you may have to treat all or            free online federal tax preparation, e-filing,      You may also be able to access tax law in-
part of the gain as ordinary income to the extent         and direct deposit or payment options.                formation in your electronic filing software.
of depreciation allowed or allowable. You figure        VITA. The Volunteer Income Tax Assis-
the ordinary income part of the gain in Part III of       tance (VITA) program offers free tax help 
Form  4797.  See Depreciation  Recapture  in              to people with low-to-moderate incomes,          Need someone to prepare your tax return? 
chapter  3  of  Pub.  544  for  more  information         persons with disabilities, and limited-Eng-      There are various types of tax return preparers, 
about the recapture rule.                                 lish-speaking taxpayers who need help            including  enrolled  agents,  certified  public  ac-
                                                          preparing their own tax returns. Go to           countants (CPAs), accountants, and many oth-
                                                          IRS.gov/VITA, download the free IRS2Go           ers  who  don’t  have  professional  credentials.  If 
Adjustments to Basis                                      app, or call 800-906-9887 for information        you choose to have someone prepare your tax 
                                                          on free tax return preparation.                  return, choose that preparer wisely. A paid tax 
If  you  have  a  casualty  or  theft  loss,  you  must TCE. The Tax Counseling for the Elderly          preparer is:
decrease your basis in the property by any in-            (TCE) program offers free tax help for all          Primarily responsible for the overall sub-
surance  or  other  reimbursement  you  receive           taxpayers, particularly those who are 60              stantive accuracy of your return,
and  by  any  deductible  loss.  The  result  is  your    years of age and older. TCE volunteers              Required to sign the return, and
adjusted basis in the property.                           specialize in answering questions about             Required to include their preparer tax iden-
                                                          pensions and retirement-related issues                tification number (PTIN).
   If you make either of the basis adjustments            unique to seniors. Go to IRS.gov/TCE, 
described  above,  amounts  you  spend  on  re-           download the free IRS2Go app, or call             Although the tax preparer always signs the 
pairs that restore the property to its pre-casualty       888-227-7669 for information on free tax         return, you're ultimately responsible for provid-
condition  increase  your  adjusted  basis.  Don’t        return preparation.                              ing all the information required for the preparer 
increase your basis in the property by any quali-       MilTax. Members of the U.S. Armed                to accurately prepare your return. Anyone paid 
fied  disaster  mitigation  payments  (discussed          Forces and qualified veterans may use Mil-       to prepare tax returns for others should have a 
earlier under Disaster Area Losses). See Adjus-           Tax, a free tax service offered by the De-       thorough  understanding  of  tax  matters.  For 
ted  Basis  in  Pub.  551  for  more  information  on     partment of Defense through Military One-        more information on how to choose a tax pre-
adjustments to basis.                                     Source. For more information, go to              parer, go to Tips for Choosing a Tax Preparer 
                                                          MilitaryOneSource MilitaryOneSource.mil/ (       on IRS.gov.
If Deductions Are More Than                               MilTax).
                                                              Also,  the  IRS  offers  Free  Fillable      Coronavirus. Go  to   IRS.gov/Coronavirus  for 
Income                                                    Forms, which can be completed online and         links to information on the impact of the corona-
                                                          then  filed  electronically  regardless  of  in- virus, as well as tax relief available for individu-
If  your  casualty  or  theft loss deduction causes       come.                                            als  and  families,  small  and  large  businesses, 
your  deductions  for  the  year  to  be  more  than                                                       and tax-exempt organizations.
your income for the year, you may have a net            Using online tools to help prepare your re-
operating  loss  (NOL).  You  don’t  have  to  be  in   turn. Go to IRS.gov/Tools for the following.       Employers  can  register  to  use  Business 
business  to  have  an  NOL  from  a  casualty  or      The Earned Income Tax Credit Assistant           Services Online. The Social Security Adminis-
theft loss. For more information, see Pub. 536,           (IRS.gov/EITCAssistant) determines if            tration (SSA) offers online service at SSA.gov/
Net  Operating  Losses  (NOLs)  for  Individuals,         you’re eligible for the earned income credit     employer for fast, free, and secure online W-2 
Estates, and Trusts.                                      (EIC).                                           filing  options  to  CPAs,  accountants,  enrolled 
                                                        The Online EIN Application IRS.gov/EIN (   )     agents, and individuals who process Form W-2, 
                                                          helps you get an employer identification         Wage  and  Tax  Statement,  and  Form  W-2c, 
How To Get Tax Help                                       number (EIN) at no cost.                         Corrected Wage and Tax Statement.
                                                        The Tax Withholding Estimator IRS.gov/ (
If  you  have  questions  about  a  tax  issue;  need     W4app) makes it easier for you to estimate       IRS social media. Go to IRS.gov/SocialMedia 
help preparing your tax return; or want to down-          the federal income tax you want your em-         to  see  the  various  social  media  tools  the  IRS 
load free publications, forms, or instructions, go        ployer to withhold from your paycheck.           uses  to  share  the  latest  information  on  tax 
to IRS.gov to find resources that can help you            This is tax withholding. See how your with-      changes, scam alerts, initiatives, products, and 
right away.                                               holding affects your refund, take-home           services.  At  the  IRS,  privacy  and  security  are 
                                                          pay, or tax due.                                 our highest priority. We use these tools to share 
                                                                                                           public information with you. Don’t post your so-
Preparing  and  filing  your  tax  return.   After      The First-Time Homebuyer Credit Account          cial security number (SSN) or other confidential 
receiving  all  your  wage  and  earnings  state-         Look-up IRS.gov/HomeBuyer (  ) tool pro-         information  on  social  media  sites.  Always  pro-
ments (Forms W-2, W-2G, 1099-R, 1099-MISC,                vides information on your repayments and         tect  your  identity  when  using  any  social  net-
1099-NEC, etc.); unemployment compensation                account balance.                                 working site.
statements  (by  mail  or  in  a  digital  format)  or  The Sales Tax Deduction Calculator                The  following  IRS  YouTube  channels  pro-
other  government  payment  statements  (Form             (IRS.gov/SalesTax) figures the amount you        vide short, informative videos on various tax-re-
1099-G); and interest, dividend, and retirement           can claim if you itemize deductions on           lated topics in English, Spanish, and ASL.
statements  from  banks  and  investment  firms           Schedule A (Form 1040).                             Youtube.com/irsvideos.
(Forms  1099),  you  have  several  options  to 
choose from to prepare and file your tax return.              Getting  answers  to  your  tax  ques-          Youtube.com/irsvideosmultilingua.
You can prepare the tax return yourself, see if               tions. On  IRS.gov,  you  can  get              Youtube.com/irsvideosASL.
you qualify for free tax preparation, or hire a tax           up-to-date  information  on  current 
professional to prepare your return.                    events and changes in tax law.                     Watching  IRS  videos. The  IRS  Video  portal 
                                                                                                           (IRSVideos.gov) contains video and audio pre-
Free  options  for  tax  preparation.    Go  to         IRS.gov/Help: A variety of tools to help you     sentations  for  individuals,  small  businesses, 
                                                          get answers to some of the most common           and tax professionals.
IRS.gov  to  see  your  options  for  preparing  and      tax questions.
filing your return online or in your local commun-        IRS.gov/ITA: The Interactive Tax Assistant,      Online  tax  information  in  other  languages. 
ity, if you qualify, which include the following.       
                                                          a tool that will ask you questions and,          You  can  find  information  on        IRS.gov/
 Free File. This program lets you prepare               based on your input, provide answers on a        MyLanguage  if  English  isn’t  your  native  lan-
   and file your federal individual income tax            number of tax law topics.                        guage.
   return for free using brand-name tax-prep-           IRS.gov/Forms: Find forms, instructions, 
   aration-and-filing software or Free File filla-        and publications. You will find details on       Free Over-the-Phone Interpreter (OPI) Serv-
   ble forms. However, state tax preparation              the most recent tax changes and interac-         ice. The IRS is committed to serving our multi-
   may not be available through Free File. Go             tive links to help you find answers to your      lingual customers by offering OPI services. The 
   to IRS.gov/FreeFile to see if you qualify for          questions.                                       OPI Service is a federally funded program and 
Publication 547 (2022)                                                                                                                           Page 19



- 20 -
Page 20 of 22               Fileid: … tions/p547/2022/a/xml/cycle06/source                                                     8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

is  available  at  Taxpayer  Assistance  Centers     Tax Pro Account.  This tool lets your tax pro-             Making  a  tax  payment. Go  to         IRS.gov/
(TACs), other IRS offices, and every VITA/TCE        fessional submit an authorization request to ac-           Payments  for  information  on  how  to  make  a 
return  site.  The  OPI  Service  is  accessible  in cess  your  individual  taxpayer  IRS  online              payment using any of the following options.
more than 350 languages.                             account.  For  more  information,  go  to IRS.gov/           IRS Direct Pay: Pay your individual tax bill 
                                                     TaxProAccount.                                                 or estimated tax payment directly from 
Accessibility  Helpline  available  for  taxpay-                                                                    your checking or savings account at no 
ers with disabilities. Taxpayers who need in-        Using  direct  deposit. The  fastest  way  to  re-             cost to you.
formation  about  accessibility  services  can  call ceive  a  tax  refund  is  to  file  electronically  and     Debit or Credit Card: Choose an approved 
833-690-0598.  The  Accessibility  Helpline  can     choose direct deposit, which securely and elec-                payment processor to pay online or by 
answer questions related to current and future       tronically transfers your refund directly into your            phone.
accessibility products and services available in     financial account. Direct deposit also avoids the            Electronic Funds Withdrawal: Schedule a 
alternative media formats (for example, braille,     possibility that your check could be lost, stolen,             payment when filing your federal taxes us-
large print, audio, etc.). The Accessibility Help-   destroyed, or returned undeliverable to the IRS.               ing tax return preparation software or 
line does not have access to your IRS account.       Eight  in  10  taxpayers  use  direct  deposit  to  re-        through a tax professional.
For help with tax law, refunds, or account-rela-     ceive their refunds. If you don’t have a bank ac-            Electronic Federal Tax Payment System: 
ted issues, go to IRS.gov/LetUsHelp.                 count, go to IRS.gov/DirectDeposit for more in-                Best option for businesses. Enrollment is 
                                                     formation  on  where  to  find  a  bank  or  credit            required.
Note.    Form 9000, Alternative Media Prefer-        union that can open an account online.                       Check or Money Order: Mail your payment 
ence, or Form 9000(SP) allows you to elect to                                                                       to the address listed on the notice or in-
receive certain types of written correspondence      Getting  a  transcript  of  your  return.   The                structions.
in the following formats.                            quickest way to get a copy of your tax transcript            Cash: You may be able to pay your taxes 
Standard Print.                                    is to go to IRS.gov/Transcripts. Click on either               with cash at a participating retail store.
Large Print.                                       “Get  Transcript  Online”  or  “Get  Transcript  by          Same-Day Wire: You may be able to do 
                                                     Mail”  to  order  a  free  copy  of  your  transcript.  If     same-day wire from your financial institu-
Braille.                                           you prefer, you can order your transcript by call-             tion. Contact your financial institution for 
Audio (MP3).                                       ing 800-908-9946.                                              availability, cost, and time frames.
Plain Text File (TXT).                             Reporting  and  resolving  your  tax-related               Note.   The  IRS  uses  the  latest  encryption 
Braille Ready File (BRF).                          identity theft issues.                                     technology  to  ensure  that  the  electronic  pay-
                                                     Tax-related identity theft happens when                  ments  you  make  online,  by  phone,  or  from  a 
Disasters. Go  to Disaster  Assistance  and            someone steals your personal information                 mobile  device  using  the  IRS2Go  app  are  safe 
Emergency  Relief      for  Individuals  and           to commit tax fraud. Your taxes can be af-               and secure. Paying electronically is quick, easy, 
Businesses to review the available disaster tax        fected if your SSN is used to file a fraudu-             and faster than mailing in a check or money or-
relief.                                                lent return or to claim a refund or credit.              der.
                                                     The IRS doesn’t initiate contact with tax-
Getting  tax  forms  and  publications. Go  to         payers by email, text messages (including                What  if  I  can’t  pay  now?  Go  to   IRS.gov/
IRS.gov/Forms  to  view,  download,  or  print  all    shortened links), telephone calls, or social             Payments for more information about your op-
the  forms,  instructions,  and  publications  you     media channels to request or verify per-                 tions.
may  need.  Or,  you  can  go  to    IRS.gov/          sonal or financial information. This in-                   Apply for an online payment agreement 
OrderForms to place an order.                          cludes requests for personal identification                  (IRS.gov/OPA) to meet your tax obligation 
                                                       numbers (PINs), passwords, or similar in-                    in monthly installments if you can’t pay 
Getting tax publications and instructions in           formation for credit cards, banks, or other                  your taxes in full today. Once you complete 
eBook  format.    You  can  also  download  and        financial accounts.                                          the online process, you will receive imme-
view  popular  tax  publications  and  instructions  Go to IRS.gov/IdentityTheft, the IRS Iden-                   diate notification of whether your agree-
(including  the  Instructions  for  Form  1040)  on    tity Theft Central webpage, for information                  ment has been approved.
mobile devices as eBooks at IRS.gov/eBooks.            on identity theft and data security protec-                Use the Offer in Compromise Pre-Qualifier 
                                                       tion for taxpayers, tax professionals, and                   to see if you can settle your tax debt for 
Note.    IRS  eBooks  have  been  tested  using        businesses. If your SSN has been lost or                     less than the full amount you owe. For 
Apple's  iBooks  for  iPad.  Our  eBooks  haven’t      stolen or you suspect you’re a victim of                     more information on the Offer in Compro-
been tested on other dedicated eBook readers,          tax-related identity theft, you can learn                    mise program, go to IRS.gov/OIC.
and eBook functionality may not operate as in-         what steps you should take.
tended.                                                Get an Identity Protection PIN (IP PIN). IP              Filing  an  amended  return.   Go  to   IRS.gov/
                                                     
Access your online account (individual tax-            PINs are six-digit numbers assigned to tax-              Form1040X for information and updates.
payers  only). Go  to  IRS.gov/Account  to  se-        payers to help prevent the misuse of their 
curely access information about your federal tax       SSNs on fraudulent federal income tax re-                Checking  the  status  of  your  amended  re-
account.                                               turns. When you have an IP PIN, it pre-                  turn. Go to IRS.gov/WMAR to track the status 
View the amount you owe and a break-                 vents someone else from filing a tax return              of Form 1040-X amended returns.
  down by tax year.                                    with your SSN. To learn more, go to                      Note.   It  can  take  up  to  3  weeks  from  the 
See payment plan details or apply for a              IRS.gov/IPPIN.                                           date  you  filed  your  amended  return  for  it  to 
  new payment plan.                                  Ways to check on the status of your refund.                show  up  in  our  system,  and  processing  it  can 
Make a payment or view 5 years of pay-               Go to IRS.gov/Refunds.                                   take up to 16 weeks.
  ment history and any pending or sched-             
  uled payments.                                     Download the official IRS2Go app to your                 Understanding  an  IRS  notice  or  letter 
                                                       mobile device to check your refund status.               you’ve  received. Go  to IRS.gov/Notices  to 
  data from your most recent tax return, and         
Access your tax records, including key               Call the automated refund hotline at                     find additional information about responding to 
                                                       800-829-1954.
  transcripts.                                                                                                  an IRS notice or letter.
View digital copies of select notices from          Note. The  IRS  can’t  issue  refunds  before             Note.   You  can  use  Schedule  LEP  (Form 
  the IRS.                                           mid-February for returns that claimed the EIC or           1040), Request for Change in Language Prefer-
Approve or reject authorization requests           the additional child tax credit (ACTC). This ap-           ence, to state a preference to receive notices, 
  from tax professionals.                            plies to the entire refund, not just the portion as-       letters,  or  other  written  communications  from 
View your address on file or manage your           sociated with these credits.                               the IRS in an alternative language. You may not 
  communication preferences.
                                                                                                                immediately receive written communications in 

Page 20                                                                                                                                 Publication 547 (2022)



- 21 -
Page 21 of 22             Fileid: … tions/p547/2022/a/xml/cycle06/source                                                        8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

the requested language. The IRS’s commitment            How Can You Learn About Your                              How Else Does TAS Help 
to LEP taxpayers is part of a multi-year timeline       Taxpayer Rights?                                          Taxpayers?
that is scheduled to begin providing translations 
in 2023. You will continue to receive communi-          The Taxpayer Bill of Rights describes 10 basic            TAS works to resolve large-scale problems that 
cations, including notices and letters in English       rights that all taxpayers have when dealing with          affect  many  taxpayers.  If  you  know  of  one  of 
until  they  are  translated  to  your  preferred  lan- the  IRS.  Go  to TaxpayerAdvocate.IRS.gov  to            these broad issues, report it to them at IRS.gov/
guage.                                                  help you understand what these rights mean to             SAMS.
                                                        you and how they apply. These are your rights. 
Contacting  your  local  IRS  office. Keep  in          Know them. Use them.                                      TAS for Tax Professionals
mind,  many  questions  can  be  answered  on 
IRS.gov  without  visiting  an  IRS  TAC.  Go  to                                                                 TAS can provide a variety of information for tax 
IRS.gov/LetUsHelp  for  the  topics  people  ask        What Can TAS Do for You?
                                                                                                                  professionals,  including  tax  law  updates  and 
about  most.  If  you  still  need  help,  IRS  TACs                                                              guidance, TAS programs, and ways to let TAS 
provide tax help when a tax issue can’t be han-         TAS  can  help  you  resolve  problems  that  you         know about systemic problems you’ve seen in 
dled online or by phone. All TACs now provide           can’t resolve with the IRS. And their service is          your practice.
service  by  appointment,  so  you’ll  know  in  ad-    free. If you qualify for their assistance, you will 
vance  that  you  can  get  the  service  you  need     be assigned to one advocate who will work with 
without long wait times. Before you visit, go to        you  throughout  the  process  and  will  do  every-      Low Income Taxpayer 
IRS.gov/TACLocator  to  find  the  nearest  TAC         thing  possible  to  resolve  your  issue.  TAS  can      Clinics (LITCs)
and to check hours, available services, and ap-         help you if:
pointment options. Or, on the IRS2Go app, un-              Your problem is causing financial difficulty         LITCs  are  independent  from  the  IRS.  LITCs 
der  the  Stay  Connected  tab,  choose  the  Con-           for you, your family, or your business;              represent individuals whose income is below a 
tact Us option and click on “Local Offices.”               You face (or your business is facing) an             certain level and need to resolve tax problems 
                                                             immediate threat of adverse action; or               with the IRS, such as audits, appeals, and tax 
The Taxpayer Advocate                                      You’ve tried repeatedly to contact the IRS           collection disputes. In addition, LITCs can pro-
                                                             but no one has responded, or the IRS                 vide  information  about  taxpayer  rights  and  re-
Service (TAS) Is Here To                                     hasn’t responded by the date promised.               sponsibilities in different languages for individu-
Help You                                                                                                          als who  speak English as a second  language. 
What Is TAS?                                            How Can You Reach TAS?                                    Services are offered for free or a small fee for 
                                                                                                                  eligible taxpayers. To find an LITC near you, go 
TAS is an independent organization within the           TAS  has  offices in  every  state,  the  District  of    to  TaxpayerAdvocate.IRS.gov/about-us/Low-
IRS that helps taxpayers and protects taxpayer          Columbia,  and  Puerto  Rico.  Your  local  advo-         Income-Taxpayer-Clinics-LITC or see IRS Pub. 
rights. Their job is to ensure that every taxpayer      cate’s  number  is  in  your  local  directory  and  at   4134, Low Income Taxpayer Clinic List.
is  treated  fairly  and  that  you  know  and  under-  TaxpayerAdvocate.IRS.gov/Contact-Us.         You 
stand  your  rights  under  the Taxpayer  Bill  of      can also call them at 877-777-4778.
Rights.

                       To help us develop a more useful index, please let us know if you have ideas for index entries.
Index                  See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                      Nondeductible losses          3          Federally declared disaster            13,       Measuring decrease in   6
A                                     Progressive deterioration       3             15                                          Items not to consider      7
Abatement of interest and             Proof of          5                      Figuring loss deduction             16           Items to consider    6
  penalties  18                       When to report         15                Form 1040-X      17                         Federal casualty loss     3
Accidents  3                          Workbooks for listing property      2    Home made unsafe                 16         Federal disaster relief grants    17
Adjusted basis  7               Clean up costs               6                 How to deduct loss in preceding             Federal Emergency Management 
Adjustments to basis   14 19,   Condemnation                 2                      year   16                                   Agency (FEMA), 
Amended returns   15            Corrosive drywall              3               Inventory   17                                   contacting 18
Appraisals 6 7,                 Costs:                                         Main home rules        14 18,               Federally declared disaster:
Assistance (See Tax help)             Appraisals          7                    Qualified disaster mitigation                    Disaster loss 3
                                      Clean up            6                         payments  17                                Federal casualty loss 3
B                                     Incidental expenses           7          Qualified disaster relief                        Qualified disaster loss 3
                                                                                    payments  17                           Federally declared disasters      2, 
                                      Landscaping            6                 Records to keep        17                        13 15, 
Bad debts  5                          Photographs taken after loss        7    Tax deadlines postponed               18    Figuring gain   12
Basis:                                Protection          7                    When to deduct         16                   Figuring loss   5 11, 
  Adjusted   7                        Repair            6                           Table 3 18                                  Adjusted basis 7
  Adjustments to 14 19,               Replacement            7               Disaster loss    3                                 Disaster area losses 16
  Replacement property   14
                                                                             Disaster mitigation payments               17      Insurance and other 
Business or income-producing    D                                            Disaster relief grants             8               reimbursements      8
  property   5
Business purposes, property     Death of taxpayer:                           Drywall, corrosive       3                    Form 1040-X:
  used partly for 12                  Postponement of gain          13       Due dates:                                         Disaster area losses 17
                                Deductible losses              3               Tax deadlines postponed               18    Form 1040, Schedule A        18
C                               Deduction limits             9                                                             Form 1040, Schedule D        18
Cars:                                 $100 rule           10                 E                                             Form 4684:
  Accidents  3                        10% rule            10                 Employer’s emergency disaster                      Reporting gains and losses on 
  Fair market value of 6              Personal-use property                    fund 8                                           personal-use property      18
                                             (Table 2)      9
Cash gifts 8                    Deposit losses               4 18,           F                                             G
Casualty losses 18                    Reporting of (Table 1)        5                                                      Gains:
  Deductible losses 3                 When to report         15              Fair market value (FMV):
  Definition 2                  Disaster area losses               15          Decline in value of property in or               Figuring 12
  Deposits, loss on 5                 Federal loan canceled           17            near casualty area          7               Postponement of  13 15, 

Publication 547 (2022)                                                                                                                               Page 21



- 22 -
Page 22 of 22           Fileid: … tions/p547/2022/a/xml/cycle06/source                                    8:47 - 2-Mar-2023

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

  Reimbursements    5             Mislaid or lost property 4                                              Deductions exceeding 
  Reporting of 18                 Missing children, photographs      Q                                    income      19
  When to report  15                of 2                                                                  Deposits  5
                                                                     Qualified disaster loss   3          Table 1     5
I                                 N                                                                       Disaster area losses 17
                                                                     R
Incidental expenses  7            Nonbusiness bad debts      5                                            Personal-use property    18
Insurance  8                      Nondeductible losses     3         Records of loss   5                  Timing of  15
                                                                     Recovered stolen property     6
  Living expenses, payments for 8                                    Reimbursements:                     S
Interest abatement  18            P                                    Cash gifts 8                      Sentimental value  7
Inventory losses  5               Payments for living expenses    8    Disaster relief 8                 State disaster relief grants for 
  Disaster area losses 17         Penalty abatement  18                Employer’s emergency disaster      businesses    17
                                  Personal property:                   fund     8                        Stolen property (See Theft losses)
L                                   Loss deduction, figuring of 11     Failure to file a claim 8
Landscaping  6                    Personal-use property:               Received after deducting loss 9   T
Leased property   5                 Deduction limits (Table 2) 9       Types of 8
  When to report  15                Reporting gains and losses    18 Related expenses    7               Tables and figures:
Losses:                           Personal-use real property    5    Related person, replacement          Deduction limit rules for 
  Casualty (See Casualty losses)  Photographs:                         property bought from      13       personal-use property 
  Deposits (See Deposit losses)     Documentation of loss    7       Repair costs 6                       (Table 2)     9
  Disaster areas (See Disaster    Ponzi-type investment              Replacement cost    7                Reporting loss on deposits 
  area losses)                      schemes   4                      Replacement period    14             (Table 1)     5
  Figuring amount (See Figuring   Postponed tax deadlines    18        Extension of 14                    When to deduct losses 
                                                                                                          (Table 3)     18
  loss)                           Postponement of gain     13 15,    Replacement property      13        Tax help 19
  Proof of 5                        Amended return   15                Advance payment   13              Theft losses 4
  Records of 5                      Changing mind    15                Basis adjustment to corporation’s  FMV of stolen property    6
  Reporting of 18                   Replacement property acquired      property    14
  Theft (See Theft losses)             after return filed 15           Basis of 14                        Mislaid or lost property  4
  When to report  15                Replacement property acquired      Main home  14                      Proof of 5
  Table 3    18                        before return filed 15          In disaster area    16             When to deduct (Table 3)   18
                                    Required statement    15           Postponement of gain     15        When to report  15
M                                   Substituting replacement         Reporting gains and losses    13,    Workbooks for listing property  2
                                       property 15                     18                                Timber loss  13
Mandatory 60-day                    Three-year limit 15                Basis, adjustments to   19
  postponement     18             Proof of loss 5                      Business and income-producing     W
Married taxpayers:                Protection costs 7                   property    18                    Workbooks for property lost due 
  Deduction limits 10             Publications (See Tax help)                                             to casualties and thefts   2

Page 22                                                                                                            Publication 547 (2022)






PDF file checksum: 1437658659

(Plugin #1/9.12/13.0)