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2000 Department of the Treasury

Internal Revenue Service

Instructions for Form 4684


Casualties and Thefts
Section references are to the Internal Revenue Code.

Any tangible replacement property held Realized on Homes in Disaster Areas


General Instructions for use in a trade or business is treated on page 2.
as similar or related in service or use to
Purpose of Form property held for use in a trade or When To Deduct a Loss
business or for investment if:
Use Form 4684 to report gains and losses Deduct the part of your casualty or theft
● The property you are replacing was
from casualties and thefts. Attach Form loss that is not reimbursable. Deduct it in
4684 to your tax return. damaged or destroyed in a disaster and the tax year the casualty occurred or the
● The area in which the property was
theft was discovered. However, a disaster
Losses You May Deduct damaged or destroyed was declared by loss and a loss from deposits in insolvent
the President of the United States to or bankrupt financial institutions may be
You may deduct losses from fire, storm, warrant Federal assistance because of treated differently. See Disaster Losses
shipwreck, or other casualty, or theft (for that disaster. below and Special Treatment for
example, larceny, embezzlement, and Generally, you must recognize the gain Losses on Deposits in Insolvent or
robbery). if you receive unlike property or money Bankrupt Financial Institutions on
If your property is covered by as reimbursement. But you generally can page 2.
insurance, you must file a timely choose to postpone all or part of the gain If you are not sure whether part of your
insurance claim for reimbursement of your if, within 2 years of the end of the first tax casualty or theft loss will be reimbursed,
loss. Otherwise, you cannot deduct the year in which any part of the gain is do not deduct that part until the tax year
loss as a casualty or theft loss. However, realized, you purchase: when you become reasonably certain that
the part of the loss that is not covered by 1. Property similar or related in service it will not be reimbursed.
insurance is still deductible. or use to the damaged, destroyed, or If you are reimbursed for a loss you
Related expenses. The related stolen property or deducted in an earlier year, include the
expenses you have due to a casualty or
2. A controlling interest (at least 80%) reimbursement in your income in the year
theft, such as expenses for the treatment
in a corporation owning such property. you received it, but only to the extent the
of personal injuries or for the rental of a
To postpone all of the gain, the cost of deduction reduced your tax in an earlier
car, are not deductible as casualty or theft
the replacement property must be equal year.
losses.
to or more than the reimbursement you See Pub. 547 for special rules on when
Costs for protection against future
received for your property. If the cost of to deduct losses from casualties and
casualties are not deductible but should
the replacement property is less than the thefts to leased property.
be capitalized as permanent
reimbursement received, you must
improvements. An example would be the
cost of a levee to stop flooding.
recognize the gain to the extent the Disaster Losses
reimbursement exceeds the cost of the
replacement property. A disaster loss is a loss that occurred in
Losses You May Not Deduct If the replacement property or stock is
an area determined by the President of
the United States to warrant Federal
● Money or property misplaced or lost. acquired from a related person, gain
disaster assistance.
● Breakage of china, glassware, furniture, generally cannot be postponed by:
● Corporations (other than S
You may elect to deduct a disaster loss
and similar items under normal in the tax year immediately prior to the tax
conditions. corporations).
year in which the disaster occurred as
● Progressive damage to property ● Partnerships more than 50% owned by
long as the loss would otherwise be
(buildings, clothes, trees, etc.) caused by one or more corporations (other than S allowed as a deduction in the tax year it
termites, moths, other insects, or disease. corporations). occurred.
● All other taxpayers, unless the
This election must be made by filing
Gain on Reimbursement aggregate realized gains on the your return or amended return for the prior
involuntarily converted property are year, and claiming your disaster loss on
If the amount you receive in insurance or $100,000 or less for the tax year. (This
other reimbursement is more than the it, by the later of the following two dates.
rule applies to partnerships and S
cost or other basis of the property, you 1. The due date for filing your original
corporations at both the entity and partner
have a gain. If you have a gain, you may return (without extensions) for the tax year
or shareholder level.)
have to pay tax on it, or you may be able in which the disaster actually occurred.
to postpone the gain. For more details, see section 1033(i).
2. The due date for filing your original
Do not report the gain on damaged, For details on how to postpone the return (including extensions) for the tax
destroyed, or stolen property if you gain, see Pub. 547, Casualties, Disasters, year immediately prior to the tax year in
receive property that is similar or related and Thefts (Business and Nonbusiness). which the disaster actually occurred.
to it in service or use. Your basis in the If your main home was located in a You may revoke your election within 90
new property is the same as your basis in Presidentially declared disaster area, and days after making it by returning to the
the old property. that home or any of its contents were IRS any refund or credit you received
damaged or destroyed due to the from the election. If you revoke your
disaster, special rules apply. See Gains
Cat. No. 12998Z
election before receiving a refund, you disaster area. In 2000, you received you have more than one account in the
must repay the refund within 30 days after insurance proceeds of $200,000 for the same financial institution, you must
receiving it. home, $25,000 for unscheduled personal include all your accounts. Once you
On the return on which you claim the property in your home, $5,000 for jewelry, make the choice, you cannot change it
disaster loss, specify the date(s) of the and $10,000 for a stamp collection. The without permission from the IRS.
disaster and the city, town, county, and jewelry and stamp collection were kept in To choose to deduct the loss as a
state in which the damaged or destroyed your home and were scheduled property casualty loss, complete Form 4684 as
property was located. on your insurance policy. No gain is follows: On line 1, enter the name of the
Note: To determine the amount to deduct recognized on the $25,000 you received financial institution and write “Insolvent
for a disaster loss, you must take into for the unscheduled personal property. If Financial Institution.” Skip lines 2 through
account as reimbursements any benefits you reinvest the remaining proceeds of 9. Enter the amount of the loss on line 10,
you received from Federal or state $215,000 in a replacement home, any and complete the rest of Section A.
programs to restore your property. type of replacement contents (whether If, in a later year, you recover an
scheduled or unscheduled), or both, you amount you deducted as a loss, you may
If your home was located in a disaster can elect to postpone any gain on your
area and your state or local government have to include in your income the
home, jewelry, or stamp collection. If you amount recovered for that year. For
ordered you to tear it down or move it reinvest less than $215,000, any gain is
because it was no longer safe to use as details, see Recoveries in Pub. 525,
recognized only to the extent $215,000 Taxable and Nontaxable Income.
a home, the loss in value because it is no exceeds the amount you reinvest in a
longer safe is treated as a disaster loss. replacement home, any type of
The order for you to tear down or move replacement contents (whether scheduled
the home must have been issued within or unscheduled), or both. To postpone Specific Instructions
120 days after the area was officially gain, you must purchase the replacement
declared a disaster area.
For purposes of figuring the disaster
property before 2005. Your basis in the Which Sections To Complete
replacement property equals its cost
loss, use the value of your home before decreased by the amount of any Use Section A to figure casualty or theft
you moved it or tore it down as its fair postponed gain. gains and losses for property that is not
market value (FMV) after the casualty. used in a trade or business or for
For details on how to postpone gain,
income-producing purposes.
see Pub. 547.
Gains Realized on Homes in Nonbusiness casualty or theft losses
Disaster Areas Special Treatment for Losses are deductible only to the extent that the
amount of each separate casualty loss is
The following rules apply if your main on Deposits in Insolvent or more than $100 and the total amount of
home was located in an area declared by Bankrupt Financial all losses during the year is more than
the President of the United States to 10% of adjusted gross income (line 34 of
warrant Federal assistance as the result Institutions Form 1040).
of a disaster, and the home or any of its If you are an individual who incurred a Use Section B to figure casualty or
contents were damaged or destroyed due loss from a deposit in a bank, credit union, theft gains and losses for property that is
to the disaster. These rules also apply to or other financial institution because it used in a trade or business or for
renters who receive insurance proceeds became insolvent or bankrupt, and you income-producing purposes.
for damaged or destroyed property in a can reasonably estimate your loss, you
If property is used partly in a trade or
rented home that is their main home. can choose to deduct the loss as:
business and partly for personal
● No gain is recognized on any insurance ● A casualty loss to personal use property
purposes, such as a personal home with
proceeds received for unscheduled on Form 4684 or a rental unit, figure the personal part in
personal property that was part of the ● An ordinary loss (miscellaneous Section A and the business part in
contents of the home. itemized deduction) on Schedule A (Form Section B.
● Any other insurance proceeds you 1040), line 22. The maximum amount you
receive for the home or its contents is can claim is $20,000 ($10,000 if you are Section A—Personal Use Property
treated as received for a single item of married filing separately). Your deduction Use a separate column for lines 1 through
property, and any replacement property is reduced by any expected state 9 to show each item lost or damaged from
you purchase that is similar or related in insurance proceeds and is subject to the a single casualty or theft. If more than four
service or use to the home or its contents 2% limit. items were lost or damaged, use
is treated as similar or related in service If you choose, you can wait until the additional sheets following the format of
or use to that single item of property. year of final determination of the actual lines 1 through 9.
Therefore, you can choose to recognize loss and treat that amount as a Use a separate Form 4684 through line
gain only to the extent the insurance nonbusiness bad debt. A nonbusiness 12 for each casualty or theft involving
proceeds treated as received for that bad debt is deducted on Schedule D property not used in a trade or business
single item of property exceed the cost of (Form 1040) as a short-term capital loss. or for income-producing purposes.
the replacement property.
If you are a 1% or more owner or an Do not include any loss previously
● If you choose to postpone any gain
officer of the financial institution, or are deducted on an estate tax return.
from the receipt of insurance or other related to any such owner or officer, you
reimbursement for your main home or any If you are liable for casualty or theft
cannot deduct the loss as a casualty loss losses to property you lease from
of its contents, the period in which you or as an ordinary loss. See Pub. 550,
must purchase replacement property is someone else, see Pub. 547.
Investment Income and Expenses, for the
extended until 4 years after the end of the definition of “related.” Line 2
first tax year in which any part of the gain
You cannot choose the ordinary loss Cost or other basis usually means original
is realized.
deduction if any part of the deposits cost plus improvements. Subtract any
Example. Your main home and its related to the loss is federally insured. postponed gain from the sale of a
contents were completely destroyed in
If you decide to deduct the loss as a previous main home. Special rules apply
2000 by a fire in a Presidentially declared
casualty loss or as an ordinary loss and to property received as a gift or

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inheritance. See Pub. 551, Basis of business income, it does not reduce your more than the value of the property
Assets, for details. casualty or theft loss. The reimbursement immediately before the casualty.
is income, however, and is taxed in the To figure a casualty loss to real estate
Line 3 same manner as your business income. not used in a trade, business, or for
Enter on this line the amount of insurance income-producing purposes, measure the
or other reimbursement you received or Line 4
decrease in value of the property as a
expect to receive for each property. If you are entitled to an insurance whole. All improvements, such as
Include your insurance coverage whether payment or other reimbursement for any buildings, trees, and shrubs, are
or not you are filing a claim for part of a casualty or theft loss but you considered together as one item. Figure
reimbursement. For example, your car choose not to file a claim for the loss, you the loss separately for other items. For
worth $2,000 is totally destroyed in a cannot realize a gain from that payment example, figure the loss separately for
collision. You are insured with a $500 or reimbursement. Therefore, figure the each piece of furniture.
deductible, but decide not to report it to gain on line 4 by subtracting your cost or
your insurance company because you are other basis in the property (line 2) only Line 15
afraid the insurance company will cancel from the amount of reimbursement you If there is a net gain on this line:
your policy. In this case, enter $1,500 on actually received. Enter the result on line ● Combine your short-term gains with
this line. 4, but do not enter less than zero. your short-term losses, and enter the net
If you expect to be reimbursed but have If you filed a claim for reimbursement short-term gain or loss on Schedule D
not yet received payment, you must still but did not receive it until after the year (Form 1040), line 4. Estates and trusts
enter the expected reimbursement from of the casualty or theft, include the gain enter this amount on Schedule D (Form
the loss. If, in a later tax year, you in your income in the year you received 1041), line 2.
determine with reasonable certainty that the reimbursement. ● Combine your long-term gains with your
you will not be reimbursed for all or part long-term losses and enter the net
of the loss, you can deduct for that year Lines 5 and 6
long-term gain or loss on Schedule D
the amount of the loss that is not FMV is the price at which the property (Form 1040), line 11, column (f). Estates
reimbursed. would change hands between a willing and trusts enter this amount on Schedule
Types of reimbursements. Insurance is buyer and a willing seller, each having D (Form 1041), line 7, column (f).
the most common way to be reimbursed knowledge of the relevant facts. The
difference between the FMV immediately The holding period for long-term gains
for a casualty or theft loss, but if: and losses is more than 1 year. For
● Part of a Federal disaster loan under before the casualty or theft and the FMV
immediately after represents the decrease short-term gains and losses, it is 1 year
the Disaster Relief Act is forgiven, the part or less. To figure the holding period, begin
you do not have to pay back is considered in FMV because of the casualty or theft.
counting on the day after you received the
a reimbursement. The FMV of property after a theft is property and include the day the casualty
● The person who leases your property zero if the property is not recovered. or theft occurred.
must make repairs or must repay you for FMV is generally determined by
any part of a loss, the repayment and the competent appraisal. The appraiser's Line 17
cost of the repairs are considered knowledge of sales of comparable Estates and trusts figure adjusted gross
reimbursements. property about the same time as the income in the same way as individuals,
● A court awards you damages for a casualty or theft, knowledge of your except that the costs of administration are
casualty or theft loss, the amount you are property before and after the occurrence, allowed in figuring adjusted gross income.
able to collect, minus lawyers' fees and and the methods of determining FMV are
other necessary expenses, is a important elements in proving your loss. Section B—Business and
reimbursement. The appraised value of property Income-Producing Property
● You accept repairs, restoration, or immediately after the casualty must be Use a separate column of Part I, lines 19
cleanup services provided by relief adjusted (increased) for the effects of any through 27, to show each item lost or
agencies, it is considered a general market decline that may occur at damaged from a single casualty or theft.
reimbursement. the same time as the casualty or theft. For If more than four items were lost or
● A bonding company pays you for a theft
example, the value of all nearby property damaged, use additional sheets following
may become depressed because it is in the format of Part I, lines 19 through 27.
loss, the payment is also considered a
an area where such occurrences are Use a separate Section B, Part I, of
reimbursement.
commonplace. This general decline in Form 4684 for each casualty or theft
Lump-sum reimbursement. If you have market value is not part of the property's
a casualty or theft loss of several assets involving property used in a trade or
decrease in FMV as a result of the business or for income-producing
at the same time and you receive a casualty or theft.
lump-sum reimbursement, you must purposes. Use one Section B, Part II, to
Replacement cost or the cost of repairs combine all Sections B, Part I.
divide the amount you receive among the
is not necessarily FMV. However, you For details on the treatment of
assets according to the FMV of each
may be able to use the cost of repairs to casualties or thefts to business or
asset at the time of the loss.
the damaged property as evidence of loss income-producing property, including
Grants, gifts, and other payments. in value if:
Grants and other payments you receive rules on the loss of inventory through
● The repairs are necessary to restore
to help you after a casualty are casualty or theft, see Pub. 547.
considered reimbursements only if they the property to the condition it was in If you had a casualty or theft loss
must be used specifically to repair or immediately before the casualty; involving a home you used for business
● The amount spent for repairs is not
replace your property. Such payments or rented out, your deductible loss may
will reduce your casualty loss deduction. excessive; be limited. First, complete Form 4684,
If there are no conditions on how you ● The repairs only correct the damage Section B, lines 19 through 26. If the loss
have to use the money you receive, it is caused by the casualty; and involved a home used for a business for
not a reimbursement. ● The value of the property after the which you are filing Schedule C (Form
Use and occupancy insurance. If repairs is not, as a result of the repairs, 1040), figure your deductible casualty or
insurance reimburses you for your loss of theft loss on Form 8829, Expenses for
Business Use of Your Home. Enter on line
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27 of Form 4684 the deductible loss from losses on property held for more than 1 See the instructions for Form 4797, Part
line 33 of Form 8829, and write “See year, you must allocate the amount III, for more information on the types of
Form 8829” above line 27. For a home between lines 29 and 34 according to how property subject to recapture. If recapture
you rented out or used for a business for long you held each property. Enter on line applies, complete Form 4797, Part III, and
which you are not filing Schedule C (Form 29 all gains and losses on property held this line, instead of Form 4684, line 34.
1040), see section 280A(c)(5) to figure 1 year or less. Enter on line 34 all gains
your deductible loss. Attach a statement and losses on property held more than 1 Line 38a
showing your computation of the year, except as provided in the Taxpayers, other than partnerships and
deductible loss, enter that amount on line instructions for line 33 below. S corporations, if Form 4797 is not
27, and write “See attached statement” otherwise required, enter the amount from
above line 27. Part II, Column (a) this line on page 1 of your tax return, on
Note: A gain or loss from a casualty or Use a separate line for each casualty or the line identified as from Form 4797.
theft of property used in a passive activity theft. Next to that line, write “Form 4684.”
is not taken into account in determining Part II, Column (b)(i)
the loss from a passive activity unless
losses similar in cause and severity recur Enter the part of line 28 from trade, Paperwork Reduction Act Notice. We
regularly in the activity. See Form 8582, business, rental, or royalty property (other ask for the information on this form to
Passive Activity Loss Limitations, and its than property you used in performing carry out the Internal Revenue laws of the
instructions for details. services as an employee). United States. You are required to give
us the information. We need it to ensure
Line 20 Part II, Column (b)(ii) that you are complying with these laws
Cost or adjusted basis usually means Enter the part of line 28 from and to allow us to figure and collect the
original cost plus improvements, minus income-producing property and from right amount of tax.
depreciation allowed or allowable property you used in performing services You are not required to provide the
(including any section 179 expense as an employee. Income-producing information requested on a form that is
deduction), amortization, depletion, etc. property is property held for investment, subject to the Paperwork Reduction Act
Special rules apply to property received such as stocks, notes, bonds, gold, silver, unless the form displays a valid OMB
as a gift or inheritance. See Pub. 551 for vacant lots, and works of art. control number. Books or records relating
details. to a form or its instructions must be
Line 31
retained as long as their contents may
Line 21 If Form 4797, Sales of Business Property, become material in the administration of
See the instructions for line 3. is not otherwise required, enter the any Internal Revenue law. Generally, tax
amount from this line on page 1 of your returns and return information are
Line 22 tax return, on the line identified as from confidential, as required by section 6103.
See the instructions for line 4. Form 4797. Next to that line, write “Form The time needed to complete and file
4684.” this form will vary depending on individual
Lines 23 and 24
Line 32 circumstances. The estimated average
See the instructions for lines 5 and 6 for time is:
details on determining FMV. Estates and trusts, enter on the “Other
Loss on each item figured separately. deductions” line of your tax return. Recordkeeping ................ 1 hr., 58 min.
Unlike a casualty loss to personal use real Partnerships (except electing large Learning about the law
estate, in which all improvements are partnerships), enter on Form 1065, or the form ...................... 26 min.
considered one item, a casualty loss to Schedule K, line 11. Electing large
partnerships, enter on Form 1065-B, Part Preparing the form ......... 1 hr., 5 min.
business or income-producing property
must be figured separately for each item. II, line 11. S corporations, enter on Form Copying, assembling,
For example, if casualty damage occurs 1120S, Schedule K, line 10. Next to that and sending the form to
to both a building and to trees on the line, write “Form 4684.” the IRS ............................. 35 min.
same piece of real estate, measure the Line 33
loss separately for the building and for the If you have comments concerning the
trees. If you had a casualty or theft gain from accuracy of these time estimates or
certain trade, business, or suggestions for making this form simpler,
Line 28 income-producing property held more we would be happy to hear from you. See
If the amount on line 28 includes losses than 1 year, you may have to recapture the instructions for the tax return with
on property held 1 year or less, and part or all of the gain as ordinary income. which this form is filed.

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