Proving
the Loss
In order to claim a deduction for your casualty loss, you
must be prepared to prove it. Specifically, if your tax return
is audited, you should be prepared to show all of the following:
- that you owned the property
- the amount of your basis in the property
- the pre-disaster value of the asset
- the reduction in value caused by the disaster
- the lack or insufficiency of reimbursement to cover the
costs
To claim the deduction, generally, you must be the owner of
the property. Therefore you can't claim a loss for the
destruction of property owned by, say, your manager or employee.
If more than one person owns the property, the loss must be
allocated among the owners in proportion to their ownership
interests. However, if the risk of loss was shifted to you by a
contract, you can claim a deduction even if you didn't own the
property.
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If the rental agreement for your office space
says that you must pay for any damages to the
building resulting from a casualty, then you are
entitled to claim a loss deduction for the
damages.
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Proving the basis of business property is generally not a
problem, since you should have adequate records of the
property's original cost or other basis, plus any additions or
subtractions to the basis, for tax and accounting purposes.
For personal property, proving the basis may be more
difficult. For larger items such as your home, you should have
retained the sales contract or closing documents in your
safe-deposit box, but for furniture, cars, clothing, household
items etc., it's quite impractical to save every sales slip.
Perhaps luckily, since these items typically depreciate in value
over time, their loss would generally be measured by the fair
market value at the time of the casualty, not their cost basis
to you.
Appraisals and other evidence. A professional
appraisal is often the best evidence you can obtain of the value
of property before and after a casualty. Ideally, the appraiser
would be someone who was at least passingly familiar with your
property before and after the theft, who has adequate knowledge
of sales of comparable property in the area, who is familiar
with conditions in the area, and who uses conventionally
accepted appraisal methods.
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Save Money
The cost of obtaining an appraisal is not
itself part of your casualty loss, but it can be
deducted as a miscellaneous itemized deduction
on Schedule A of your individual income tax
return (Form 1040)
Among the Business Tools are Form
1040 and Schedule
A. They are in Adobe Acrobat .pdf format,
and you will need Acrobat Reader 4.0 to view the
files and print them. A free version of Acrobat
4.0 is available in the Business Tools area as
well..
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While professional appraisals are nice to have, they are not
always required, especially for inexpensive items. An insurance
adjuster's appraisal may do just as well. If you sell the
property after the casualty, the sales price will be evidence of
its fair market value (FMV).
For cars, you can often rely on "blue books" or
similar sources that provide retail values for cars by age,
make, model, condition, mileage etc.
For property that has been damaged, you can use the cost of
cleaning it up or repairing it to bring it back to its condition
before the casualty as a measure of the difference in fair
market value before and after the casualty, so long as the
repairs do not actually increase the property's value above its
pre-casualty value. Finally, if you have photographs (before
and/or after), videotapes, an insurance inventory, any receipts
or other documentation, they may all be useful in establishing
the property's value.
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Work Smart
You may find the IRS's free Publication 584, Nonbusiness
Disaster, Casualty, and Theft Loss Workbook,
helpful if your home and personal belongings
have been largely destroyed by a disaster. It
goes through the house room by room and prompts
your memory with lists of items commonly found
in a typical home, which can also be useful in
filing your insurance claim. You can get a copy
by calling 1-800-TAX-FORM.
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