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2011 1040 Ez

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2011 1040 Ez

2011 1040 ez Internal Revenue Bulletin:  2010-9  March 1, 2010  Rev. 2011 1040 ez Proc. 2011 1040 ez 2010-18 Table of Contents SECTION 1. 2011 1040 ez PURPOSE SECTION 2. 2011 1040 ez BACKGROUND SECTION 3. 2011 1040 ez SCOPE SECTION 4. 2011 1040 ez APPLICATION SECTION 5. 2011 1040 ez EFFECTIVE DATE SECTION 6. 2011 1040 ez DRAFTING INFORMATION SECTION 1. 2011 1040 ez PURPOSE This revenue procedure provides: (1) limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2010, including a separate table of limitations on depreciation deductions for trucks and vans; and (2) the amounts to be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2010, including a separate table of inclusion amounts for lessees of trucks and vans. 2011 1040 ez The tables detailing these depreciation limitations and lessee inclusion amounts reflect the automobile price inflation adjustments required by § 280F(d)(7) of the Internal Revenue Code. 2011 1040 ez SECTION 2. 2011 1040 ez BACKGROUND . 2011 1040 ez 01 For owners of passenger automobiles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year the taxpayer places the passenger automobile in service and for each succeeding year. 2011 1040 ez Section 280F(d)(7) requires the amounts allowable as depreciation deductions to be increased by a price inflation adjustment amount for passenger automobiles placed in service after 1988. 2011 1040 ez The method of calculating this price inflation amount for trucks and vans placed in service in or after calendar year 2003 uses a different CPI “automobile component” (the “new trucks” component) than that used in the price inflation amount calculation for other passenger automobiles (the “new cars” component), resulting in somewhat higher depreciation deductions for trucks and vans. 2011 1040 ez This change reflects the higher rate of price inflation for trucks and vans since 1988. 2011 1040 ez . 2011 1040 ez 02 Section 280F(c) requires a reduction in the deduction allowed to the lessee of a leased passenger automobile. 2011 1040 ez The reduction must be substantially equivalent to the limitations on the depreciation deductions imposed on owners of passenger automobiles. 2011 1040 ez Under § 1. 2011 1040 ez 280F-7(a) of the Income Tax Regulations, this reduction requires a lessee to include in gross income an inclusion amount determined by applying a formula to the amount obtained from a table. 2011 1040 ez One table applies to lessees of trucks and vans and another table applies to all other passenger automobiles. 2011 1040 ez Each table shows inclusion amounts for a range of fair market values for each taxable year after the passenger automobile is first leased. 2011 1040 ez SECTION 3. 2011 1040 ez SCOPE . 2011 1040 ez 01 The limitations on depreciation deductions in section 4. 2011 1040 ez 01(2) of this revenue procedure apply to passenger automobiles (other than leased passenger automobiles) that are placed in service by the taxpayer in calendar year 2010, and continue to apply for each taxable year that the passenger automobile remains in service. 2011 1040 ez . 2011 1040 ez 02 The tables in section 4. 2011 1040 ez 02 of this revenue procedure apply to leased passenger automobiles for which the lease term begins during calendar year 2010. 2011 1040 ez Lessees of these passenger automobiles must use these tables to determine the inclusion amount for each taxable year during which the passenger automobile is leased. 2011 1040 ez See Rev. 2011 1040 ez Proc. 2011 1040 ez 2005-13, 2005-1 C. 2011 1040 ez B. 2011 1040 ez 759, for passenger automobiles first leased before calendar year 2006; Rev. 2011 1040 ez Proc. 2011 1040 ez 2006-18, 2006-1 C. 2011 1040 ez B. 2011 1040 ez 645, for passenger automobiles first leased during calendar year 2006; Rev. 2011 1040 ez Proc. 2011 1040 ez 2007-30, 2007-1 C. 2011 1040 ez B. 2011 1040 ez 1104, for passenger automobiles first leased during calendar year 2007; Rev. 2011 1040 ez Proc. 2011 1040 ez 2008-22, 2008-12 I. 2011 1040 ez R. 2011 1040 ez B. 2011 1040 ez 658, for passenger automobiles first leased during calendar year 2008; and Rev. 2011 1040 ez Proc. 2011 1040 ez 2009-24, 2009-17 I. 2011 1040 ez R. 2011 1040 ez B. 2011 1040 ez 885, for passenger automobiles first leased during calendar year 2009. 2011 1040 ez SECTION 4. 2011 1040 ez APPLICATION . 2011 1040 ez 01 Limitations on Depreciation Deductions for Certain Automobiles. 2011 1040 ez (1) Amount of the inflation adjustment. 2011 1040 ez (a) Passenger automobiles (other than trucks or vans). 2011 1040 ez Under § 280F(d)(7)(B)(i), the automobile price inflation adjustment for any calendar year is the percentage (if any) by which the CPI automobile component for October of the preceding calendar year exceeds the CPI automobile component for October 1987. 2011 1040 ez The term “CPI automobile component” is defined in § 280F(d)(7)(B)(ii) as the “automobile component” of the Consumer Price Index for all Urban Consumers published by the Department of Labor. 2011 1040 ez The new car component of the CPI was 115. 2011 1040 ez 2 for October 1987 and 137. 2011 1040 ez 851 for October 2009. 2011 1040 ez The October 2009 index exceeded the October 1987 index by 22. 2011 1040 ez 651. 2011 1040 ez Therefore, the automobile price inflation adjustment for 2010 for passenger automobiles (other than trucks and vans) is 19. 2011 1040 ez 66 percent (22. 2011 1040 ez 651/115. 2011 1040 ez 2 x 100%). 2011 1040 ez The dollar limitations in § 280F(a) are multiplied by a factor of 0. 2011 1040 ez 1966, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to passenger automobiles (other than trucks and vans) for calendar year 2010. 2011 1040 ez This adjustment applies to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2010. 2011 1040 ez (b) Trucks and vans. 2011 1040 ez To determine the dollar limitations for trucks and vans first placed in service during calendar year 2010, the new truck component of the CPI is used instead of the new car component. 2011 1040 ez The new truck component of the CPI was 112. 2011 1040 ez 4 for October 1987 and 140. 2011 1040 ez 897 for October 2009. 2011 1040 ez The October 2009 index exceeded the October 1987 index by 28. 2011 1040 ez 497. 2011 1040 ez Therefore, the automobile price inflation adjustment for 2010 for trucks and vans is 25. 2011 1040 ez 35 percent (28. 2011 1040 ez 497/112. 2011 1040 ez 4 x 100%). 2011 1040 ez The dollar limitations in § 280F(a) are multiplied by a factor of 0. 2011 1040 ez 2535, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations for trucks and vans. 2011 1040 ez This adjustment applies to all trucks and vans that are first placed in service in calendar year 2010. 2011 1040 ez (2) Amount of the limitation. 2011 1040 ez Tables 1 and 2 contain the dollar amount of the depreciation limitation for each taxable year for passenger automobiles a taxpayer places in service in calendar year 2010. 2011 1040 ez Use Table 1 for a passenger automobile (other than a truck or van) and Table 2 for a truck or van placed in service in calendar year 2010. 2011 1040 ez REV. 2011 1040 ez PROC. 2011 1040 ez 2010-18 TABLE 1 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2010 Tax Year Amount 1st Tax Year $3,060 2nd Tax Year $4,900 3rd Tax Year $2,950 Each Succeeding Year $1,775 REV. 2011 1040 ez PROC. 2011 1040 ez 2010-18 TABLE 2 DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2010 Tax Year Amount 1st Tax Year $3,160 2nd Tax Year $5,100 3rd Tax Year $3,050 Each Succeeding Year $1,875 . 2011 1040 ez 02 Inclusions in Income of Lessees of Passenger Automobiles. 2011 1040 ez A taxpayer must follow the procedures in § 1. 2011 1040 ez 280F-7(a) for determining the inclusion amounts for passenger automobiles first leased in calendar year 2010. 2011 1040 ez In applying these procedures, lessees of passenger automobiles other than trucks and vans should use Table 3 of this revenue procedure, while lessees of trucks and vans should use Table 4 of this revenue procedure. 2011 1040 ez REV. 2011 1040 ez PROC. 2011 1040 ez 2010-18 TABLE 3 DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2010 Fair Market Value of Passenger Automobile Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th & Later $16,700 $17,000 3 7 10 11 14 17,000 17,500 4 8 13 15 16 17,500 18,000 5 10 16 19 21 18,000 18,500 6 13 18 23 26 18,500 19,000 7 15 22 26 31 19,000 19,500 8 17 25 30 35 19,500 20,000 9 19 29 34 39 20,000 20,500 10 21 32 38 44 20,500 21,000 11 23 35 42 48 21,000 21,500 12 26 38 45 53 21,500 22,000 13 28 41 50 57 22,000 23,000 14 31 46 56 63 23,000 24,000 16 36 52 63 73 24,000 25,000 18 40 59 71 81 25,000 26,000 20 44 66 78 90 26,000 27,000 22 49 71 86 100 27,000 28,000 24 53 78 94 108 28,000 29,000 26 57 85 101 118 29,000 30,000 28 61 92 109 126 30,000 31,000 30 66 97 117 135 31,000 32,000 32 70 104 125 144 32,000 33,000 34 74 111 132 153 33,000 34,000 36 79 117 140 161 34,000 35,000 38 83 123 148 171 35,000 36,000 40 87 130 156 179 36,000 37,000 42 92 136 163 188 37,000 38,000 44 96 143 170 198 38,000 39,000 46 100 149 179 206 39,000 40,000 48 105 155 186 215 40,000 41,000 50 109 162 194 224 41,000 42,000 52 113 169 201 233 42,000 43,000 54 118 174 210 241 43,000 44,000 56 122 181 217 251 44,000 45,000 58 126 188 225 259 45,000 46,000 60 131 194 232 269 46,000 47,000 61 135 201 240 277 47,000 48,000 63 140 207 248 286 48,000 49,000 65 144 213 256 295 49,000 50,000 67 148 220 263 304 50,000 51,000 69 153 226 271 313 51,000 52,000 71 157 232 279 322 52,000 53,000 73 161 239 287 331 53,000 54,000 75 166 245 294 340 54,000 55,000 77 170 252 302 348 55,000 56,000 79 174 258 310 358 56,000 57,000 81 178 265 318 366 57,000 58,000 83 183 271 325 375 58,000 59,000 85 187 278 333 384 59,000 60,000 87 191 284 341 393 60,000 62,000 90 198 294 352 406 62,000 64,000 94 207 306 368 424 64,000 66,000 98 215 320 382 443 66,000 68,000 102 224 332 398 460 68,000 70,000 106 232 346 413 478 70,000 72,000 110 241 358 429 496 72,000 74,000 114 250 371 444 513 74,000 76,000 118 258 384 460 531 76,000 78,000 122 267 396 476 549 78,000 80,000 126 276 409 491 566 80,000 85,000 132 291 432 518 598 85,000 90,000 142 313 464 556 643 90,000 95,000 152 334 497 594 687 95,000 100,000 162 356 528 634 731 100,000 110,000 177 388 577 691 798 110,000 120,000 196 432 641 768 887 120,000 130,000 216 475 705 846 976 130,000 140,000 236 518 770 922 1,065 140,000 150,000 256 561 834 1,000 1,154 150,000 160,000 275 605 898 1,077 1,243 160,000 170,000 295 648 963 1,153 1,333 170,000 180,000 315 691 1,027 1,231 1,421 180,000 190,000 334 735 1,091 1,308 1,510 190,000 200,000 354 778 1,155 1,386 1,599 200,000 210,000 374 821 1,220 1,462 1,688 210,000 220,000 393 865 1,284 1,539 1,777 220,000 230,000 413 908 1,348 1,617 1,866 230,000 240,000 433 951 1,413 1,693 1,956 240,000 and up 453 995 1,476 1,771 2,044 REV. 2011 1040 ez PROC. 2011 1040 ez 2010-18 TABLE 4 DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2010 Fair Market Value of Passenger Automobile Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th & Later 17,000 17,500 3 6 9 10 11 17,500 18,000 4 8 12 14 16 18,000 18,500 5 10 15 18 21 18,500 19,000 6 12 19 22 24 19,000 19,500 7 15 21 26 29 19,500 20,000 8 17 25 29 34 20,000 20,500 9 19 28 33 38 20,500 21,000 10 21 31 37 43 21,000 21,500 11 23 35 41 47 21,500 22,000 12 25 38 45 51 22,000 23,000 13 29 42 51 58 23,000 24,000 15 33 49 58 67 24,000 25,000 17 37 56 66 76 25,000 26,000 19 42 62 73 85 26,000 27,000 21 46 68 82 93 27,000 28,000 23 50 75 89 103 28,000 29,000 25 55 81 97 111 29,000 30,000 27 59 88 104 121 30,000 31,000 29 63 94 113 129 31,000 32,000 31 68 100 120 138 32,000 33,000 33 72 107 127 148 33,000 34,000 35 76 114 135 156 34,000 35,000 37 81 119 143 165 35,000 36,000 39 85 126 151 174 36,000 37,000 41 89 133 158 183 37,000 38,000 43 94 139 166 191 38,000 39,000 45 98 145 174 201 39,000 40,000 47 102 152 182 209 40,000 41,000 49 106 159 189 218 41,000 42,000 51 111 164 198 227 42,000 43,000 53 115 171 205 236 43,000 44,000 55 119 178 213 245 44,000 45,000 57 124 184 220 254 45,000 46,000 59 128 190 228 263 46,000 47,000 60 133 197 235 272 47,000 48,000 62 137 203 244 280 48,000 49,000 64 142 209 251 290 49,000 50,000 66 146 216 259 298 50,000 51,000 68 150 223 266 308 51,000 52,000 70 154 229 275 316 52,000 53,000 72 159 235 282 325 53,000 54,000 74 163 242 290 334 54,000 55,000 76 167 249 297 343 55,000 56,000 78 172 254 305 352 56,000 57,000 80 176 261 313 361 57,000 58,000 82 180 268 320 370 58,000 59,000 84 185 274 328 378 59,000 60,000 86 189 280 336 388 60,000 62,000 89 195 291 347 401 62,000 64,000 93 204 303 363 418 64,000 66,000 97 213 315 379 436 66,000 68,000 101 221 329 394 454 68,000 70,000 105 230 341 410 472 70,000 72,000 109 239 354 424 490 72,000 74,000 113 247 367 440 508 74,000 76,000 117 256 380 455 526 76,000 78,000 121 264 393 471 543 78,000 80,000 125 273 406 486 561 80,000 85,000 131 289 428 513 592 85,000 90,000 141 310 461 552 636 90,000 95,000 151 332 492 591 681 95,000 100,000 161 353 525 629 726 100,000 110,000 176 386 573 686 793 110,000 120,000 195 430 637 763 882 120,000 130,000 215 473 701 841 971 130,000 140,000 235 516 766 918 1,059 140,000 150,000 255 559 830 995 1,149 150,000 160,000 274 603 894 1,072 1,238 160,000 170,000 294 646 958 1,150 1,326 170,000 180,000 314 689 1,023 1,226 1,416 180,000 190,000 333 733 1,087 1,303 1,505 190,000 200,000 353 776 1,151 1,381 1,594 200,000 210,000 373 819 1,216 1,457 1,683 210,000 220,000 392 863 1,280 1,534 1,772 220,000 230,000 412 906 1,344 1,612 1,861 230,000 240,000 432 949 1,409 1,689 1,949 240,000 and up 452 992 1,473 1,766 2,039 SECTION 5. 2011 1040 ez EFFECTIVE DATE This revenue procedure applies to passenger automobiles that a taxpayer first places in service or first leases during calendar year 2010. 2011 1040 ez SECTION 6. 2011 1040 ez DRAFTING INFORMATION The principal author of this revenue procedure is Bernard P. 2011 1040 ez Harvey of the Office of Associate Chief Counsel (Income Tax & Accounting). 2011 1040 ez For further information regarding this revenue procedure, contact Mr. 2011 1040 ez Harvey at (202) 622-4930 (not a toll-free call). 2011 1040 ez Prev  Up  Next   Home   More Internal Revenue Bulletins
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The 2011 1040 Ez

2011 1040 ez 11. 2011 1040 ez   Casualties, Thefts, and Condemnations Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Casualties and TheftsDeductible losses. 2011 1040 ez Nondeductible losses. 2011 1040 ez Family pet. 2011 1040 ez Progressive deterioration. 2011 1040 ez Decline in market value of stock. 2011 1040 ez Mislaid or lost property. 2011 1040 ez Farming Losses How To Figure a Loss Deduction Limits on Losses of Personal-Use Property When Loss Is Deductible Proof of Loss Figuring a Gain Other Involuntary ConversionsCondemnation Irrigation Project Livestock Losses Tree Seedlings Postponing GainException. 2011 1040 ez Related persons. 2011 1040 ez Replacement Property Replacement Period How To Postpone Gain Disaster Area LossesWho is eligible. 2011 1040 ez Covered disaster area. 2011 1040 ez Reporting Gains and Losses Introduction This chapter explains the tax treatment of casualties, thefts, and condemnations. 2011 1040 ez A casualty occurs when property is damaged, destroyed, or lost due to a sudden, unexpected, or unusual event. 2011 1040 ez A theft occurs when property is stolen. 2011 1040 ez A condemnation occurs when private property is legally taken for public use without the owner's consent. 2011 1040 ez A casualty, theft, or condemnation may result in a deductible loss or taxable gain on your federal income tax return. 2011 1040 ez You may have a deductible loss or a taxable gain even if only a portion of your property was affected by a casualty, theft, or condemnation. 2011 1040 ez An involuntary conversion occurs when you receive money or other property as reimbursement for a casualty, theft, condemnation, disposition of property under threat of condemnation, or certain other events discussed in this chapter. 2011 1040 ez If an involuntary conversion results in a gain and you buy qualified replacement property within the specified replacement period, you can postpone reporting the gain on your income tax return. 2011 1040 ez For more information, see Postponing Gain , later. 2011 1040 ez Topics - This chapter discusses: Casualties and thefts How to figure a loss or gain Other involuntary conversions Postponing gain Disaster area losses Reporting gains and losses Drought involving property connected with a trade or business or a transaction entered into for profit Useful Items - You may want to see: Publication 523 Selling Your Home 525 Taxable and Nontaxable Income 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 544 Sales and Other Dispositions of Assets 547 Casualties, Disasters, and Thefts 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property) 584-B Business Casualty, Disaster, and Theft Loss Workbook Form (and Instructions) Sch A (Form 1040) Itemized Deductions Sch D (Form 1040) Capital Gains and Losses Sch F (Form 1040) Profit or Loss From Farming 4684 Casualties and Thefts 4797 Sales of Business Property See chapter 16 for information about getting publications and forms. 2011 1040 ez Casualties and Thefts If your property is destroyed, damaged, or stolen, you may have a deductible loss. 2011 1040 ez If the insurance or other reimbursement is more than the adjusted basis of the destroyed, damaged, or stolen property, you may have a taxable gain. 2011 1040 ez Casualty. 2011 1040 ez   A casualty is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual. 2011 1040 ez A sudden event is one that is swift, not gradual or progressive. 2011 1040 ez An unexpected event is one that is ordinarily unanticipated and unintended. 2011 1040 ez An unusual event is one that is not a day-to-day occurrence and that is not typical of the activity in which you were engaged. 2011 1040 ez Deductible losses. 2011 1040 ez   Deductible casualty losses can result from a number of different causes, including the following. 2011 1040 ez Airplane crashes. 2011 1040 ez Car, truck, or farm equipment accidents not resulting from your willful act or willful negligence. 2011 1040 ez Earthquakes. 2011 1040 ez Fires (but see Nondeductible losses next for exceptions). 2011 1040 ez Floods. 2011 1040 ez Freezing. 2011 1040 ez Government-ordered demolition or relocation of a home that is unsafe to use because of a disaster as discussed under Disaster Area Losses, in Publication 547. 2011 1040 ez Lightning. 2011 1040 ez Storms, including hurricanes and tornadoes. 2011 1040 ez Terrorist attacks. 2011 1040 ez Vandalism. 2011 1040 ez Volcanic eruptions. 2011 1040 ez Nondeductible losses. 2011 1040 ez   A casualty loss is not deductible if the damage or destruction is caused by the following. 2011 1040 ez Accidentally breaking articles such as glassware or china under normal conditions. 2011 1040 ez A family pet (explained below). 2011 1040 ez A fire if you willfully set it, or pay someone else to set it. 2011 1040 ez A car, truck, or farm equipment accident if your willful negligence or willful act caused it. 2011 1040 ez The same is true if the willful act or willful negligence of someone acting for you caused the accident. 2011 1040 ez Progressive deterioration (explained below). 2011 1040 ez Family pet. 2011 1040 ez   Loss of property due to damage by a family pet is not deductible as a casualty loss unless the requirements discussed above under Casualty are met. 2011 1040 ez Example. 2011 1040 ez You keep your horse in your yard. 2011 1040 ez The ornamental fruit trees in your yard were damaged when your horse stripped the bark from them. 2011 1040 ez Some of the trees were completely girdled and died. 2011 1040 ez Because the damage was not unexpected or unusual, the loss is not deductible. 2011 1040 ez Progressive deterioration. 2011 1040 ez   Loss of property due to progressive deterioration is not deductible as a casualty loss. 2011 1040 ez This is because the damage results from a steadily operating cause or a normal process, rather than from a sudden event. 2011 1040 ez Examples of damage due to progressive deterioration include damage from rust, corrosion, or termites. 2011 1040 ez However, weather-related conditions or disease may cause another type of involuntary conversion. 2011 1040 ez See Other Involuntary Conversions , later. 2011 1040 ez Theft. 2011 1040 ez   A theft is the taking and removing of money or property with the intent to deprive the owner of it. 2011 1040 ez The taking of property must be illegal under the law of the state where it occurred and it must have been done with criminal intent. 2011 1040 ez You do not need to show a conviction for theft. 2011 1040 ez   Theft includes the taking of money or property by the following means: Blackmail, Burglary, Embezzlement, Extortion, Kidnapping for ransom, Larceny, Robbery, or Threats. 2011 1040 ez The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law. 2011 1040 ez Decline in market value of stock. 2011 1040 ez   You cannot deduct as a theft loss the decline in market value of stock acquired on the open market for investment if the decline is caused by disclosure of accounting fraud or other illegal misconduct by the officers or directors of the corporation that issued the stock. 2011 1040 ez However, you can deduct as a capital loss the loss you sustain when you sell or exchange the stock or the stock becomes completely worthless. 2011 1040 ez You report a capital loss on Schedule D (Form 1040). 2011 1040 ez For more information about stock sales, worthless stock, and capital losses, see chapter 4 of Publication 550. 2011 1040 ez Mislaid or lost property. 2011 1040 ez   The simple disappearance of money or property is not a theft. 2011 1040 ez However, an accidental loss or disappearance of property can qualify as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual. 2011 1040 ez Example. 2011 1040 ez A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. 2011 1040 ez The diamond falls from the ring and is never found. 2011 1040 ez The loss of the diamond is a casualty. 2011 1040 ez Farming Losses You can deduct certain casualty or theft losses that occur in the business of farming. 2011 1040 ez The following is a discussion of some losses you can deduct and some you cannot deduct. 2011 1040 ez Livestock or produce bought for resale. 2011 1040 ez   Casualty or theft losses of livestock or produce bought for resale are deductible if you report your income on the cash method. 2011 1040 ez If you report your income on an accrual method, take casualty and theft losses on property bought for resale by omitting the item from the closing inventory for the year of the loss. 2011 1040 ez You cannot take a separate deduction. 2011 1040 ez Livestock, plants, produce, and crops raised for sale. 2011 1040 ez   Losses of livestock, plants, produce, and crops raised for sale are generally not deductible if you report your income on the cash method. 2011 1040 ez You have already deducted the cost of raising these items as farm expenses, so their basis is equal to zero. 2011 1040 ez   For plants with a preproductive period of more than 2 years, you may have a deductible loss if you have a tax basis in the plants. 2011 1040 ez You usually have a tax basis if you capitalized the expenses associated with these plants under the uniform capitalization rules. 2011 1040 ez The uniform capitalization rules are discussed in chapter 6. 2011 1040 ez   If you report your income on an accrual method, casualty or theft losses are deductible only if you included the items in your inventory at the beginning of your tax year. 2011 1040 ez You get the deduction by omitting the item from your inventory at the close of your tax year. 2011 1040 ez You cannot take a separate casualty or theft deduction. 2011 1040 ez Income loss. 2011 1040 ez   A loss of future income is not deductible. 2011 1040 ez Example. 2011 1040 ez A severe flood destroyed your crops. 2011 1040 ez Because you are a cash method taxpayer and already deducted the cost of raising the crops as farm expenses, this loss is not deductible, as explained above under Livestock, plants, produce, and crops raised for sale . 2011 1040 ez You estimate that the crop loss will reduce your farm income by $25,000. 2011 1040 ez This loss of future income is also not deductible. 2011 1040 ez Loss of timber. 2011 1040 ez   If you sell timber downed as a result of a casualty, treat the proceeds from the sale as a reimbursement. 2011 1040 ez If you use the proceeds to buy qualified replacement property, you can postpone reporting the gain. 2011 1040 ez See Postponing Gain , later. 2011 1040 ez Property used in farming. 2011 1040 ez   Casualty and theft losses of property used in your farm business usually result in deductible losses. 2011 1040 ez If a fire or storm destroyed your barn, or you lose by casualty or theft an animal you bought for draft, breeding, dairy, or sport, you may have a deductible loss. 2011 1040 ez See How To Figure a Loss , later. 2011 1040 ez Raised draft, breeding, dairy, or sporting animals. 2011 1040 ez   Generally, losses of raised draft, breeding, dairy, or sporting animals do not result in deductible casualty or theft losses because you have no basis in the animals. 2011 1040 ez However, you may have a basis in the animal and therefore may be able to claim a deduction if either of the following situations applies to you. 2011 1040 ez You use inventories to determine your income and you included the animals in your inventory. 2011 1040 ez You capitalized the expenses associated with the animals under the uniform capitalization rules and therefore have a tax basis in the animals subject to a casualty or theft. 2011 1040 ez When you include livestock in inventory, its last inventory value is its basis. 2011 1040 ez When you lose an inventoried animal held for draft, breeding, dairy, or sport by casualty or theft during the year, decrease ending inventory by the amount you included in inventory for the animal. 2011 1040 ez You cannot take a separate deduction. 2011 1040 ez How To Figure a Loss How you figure a deductible casualty or theft loss depends on whether the loss was to farm or personal-use property and whether the property was stolen or partly or completely destroyed. 2011 1040 ez Farm property. 2011 1040 ez   Farm property is the property you use in your farming business. 2011 1040 ez If your farm property was completely destroyed or stolen, your loss is figured as follows:      Your adjusted basis in the property     MINUS     Any salvage value     MINUS     Any insurance or other reimbursement you  receive or expect to receive      You can use the schedules in Publication 584-B to list your stolen, damaged, or destroyed business property and to figure your loss. 2011 1040 ez   If your farm property was partially damaged, use the steps shown under Personal-use property next to figure your casualty loss. 2011 1040 ez However, the deduction limits, discussed later, do not apply to farm property. 2011 1040 ez Personal-use property. 2011 1040 ez   Personal-use property is property used by you or your family members for personal purposes and not used in your farm business or for income-producing purposes. 2011 1040 ez The following items are examples of personal-use property: Your main home. 2011 1040 ez Furniture and electronics used in your main home and not used in a home office or for business purposes. 2011 1040 ez Clothing and jewelry. 2011 1040 ez An automobile used for nonbusiness purposes. 2011 1040 ez You figure the casualty or theft loss on this property by taking the following steps. 2011 1040 ez Determine your adjusted basis in the property before the casualty or theft. 2011 1040 ez Determine the decrease in fair market value of the property as a result of the casualty or theft. 2011 1040 ez From the smaller of the amounts you determined in (1) and (2), subtract any insurance or other reimbursement you receive or expect to receive. 2011 1040 ez You must apply the deduction limits, discussed later, to determine your deductible loss. 2011 1040 ez    You can use Publication 584 to list your stolen or damaged personal-use property and figure your loss. 2011 1040 ez It includes schedules to help you figure the loss on your home, its contents, and your motor vehicles. 2011 1040 ez Adjusted basis. 2011 1040 ez   Adjusted basis is your basis (usually cost) increased or decreased by various events, such as improvements and casualty losses. 2011 1040 ez For more information about adjusted basis, see chapter 6. 2011 1040 ez Decrease in fair market value (FMV). 2011 1040 ez   The decrease in FMV is the difference between the property's value immediately before the casualty or theft and its value immediately afterward. 2011 1040 ez FMV is defined in chapter 10 under Payments Received or Considered Received . 2011 1040 ez Appraisal. 2011 1040 ez   To figure the decrease in FMV because of a casualty or theft, you generally need a competent appraisal. 2011 1040 ez But other measures, such as the cost of cleaning up or making repairs (discussed next) can be used to establish decreases in FMV. 2011 1040 ez   An appraisal to determine the difference between the FMV of the property immediately before a casualty or theft and immediately afterward should be made by a competent appraiser. 2011 1040 ez The appraiser must recognize the effects of any general market decline that may occur along with the casualty. 2011 1040 ez This information is needed to limit any deduction to the actual loss resulting from damage to the property. 2011 1040 ez Cost of cleaning up or making repairs. 2011 1040 ez   The cost of cleaning up after a casualty is not part of a casualty loss. 2011 1040 ez Neither is the cost of repairing damaged property after a casualty. 2011 1040 ez But you can use the cost of cleaning up or making repairs after a casualty as a measure of the decrease in FMV if you meet all the following conditions. 2011 1040 ez The repairs are actually made. 2011 1040 ez The repairs are necessary to bring the property back to its condition before the casualty. 2011 1040 ez The amount spent for repairs is not excessive. 2011 1040 ez The repairs fix the damage only. 2011 1040 ez The value of the property after the repairs is not, due to the repairs, more than the value of the property before the casualty. 2011 1040 ez Related expenses. 2011 1040 ez   The incidental expenses due to a casualty or theft, such as expenses for the treatment of personal injuries, temporary housing, or a rental car, are not part of your casualty or theft loss. 2011 1040 ez However, they may be deductible as farm business expenses if the damaged or stolen property is farm property. 2011 1040 ez Separate computations for more than one item of property. 2011 1040 ez   Generally, if a single casualty or theft involves more than one item of property, you must figure your loss separately for each item of property. 2011 1040 ez Then combine the losses to determine your total loss. 2011 1040 ez    There is an exception to this rule for personal-use real property. 2011 1040 ez See Exception for personal-use real property, later. 2011 1040 ez Example. 2011 1040 ez A fire on your farm damaged a tractor and the barn in which it was stored. 2011 1040 ez The tractor had an adjusted basis of $3,300. 2011 1040 ez Its FMV was $28,000 just before the fire and $10,000 immediately afterward. 2011 1040 ez The barn had an adjusted basis of $28,000. 2011 1040 ez Its FMV was $55,000 just before the fire and $25,000 immediately afterward. 2011 1040 ez You received insurance reimbursements of $2,100 on the tractor and $26,000 on the barn. 2011 1040 ez Figure your deductible casualty loss separately for the two items of property. 2011 1040 ez     Tractor Barn 1) Adjusted basis $3,300 $28,000 2) FMV before fire $28,000 $55,000 3) FMV after fire 10,000 25,000 4) Decrease in FMV  (line 2 − line 3) $18,000 $30,000 5) Loss (lesser of line 1 or line 4) $3,300 $28,000 6) Minus: Insurance 2,100 26,000 7) Deductible casualty loss $1,200 $2,000 8) Total deductible casualty loss $3,200 Exception for personal-use real property. 2011 1040 ez   In figuring a casualty loss on personal-use real property, the entire property (including any improvements, such as buildings, trees, and shrubs) is treated as one item. 2011 1040 ez Figure the loss using the smaller of the following. 2011 1040 ez The decrease in FMV of the entire property. 2011 1040 ez The adjusted basis of the entire property. 2011 1040 ez Example. 2011 1040 ez You bought a farm in 1990 for $160,000. 2011 1040 ez The adjusted basis of the residential part is now $128,000. 2011 1040 ez In 2013, a windstorm blew down shade trees and three ornamental trees planted at a cost of $7,500 on the residential part. 2011 1040 ez The adjusted basis of the residential part includes the $7,500. 2011 1040 ez The fair market value (FMV) of the residential part immediately before the storm was $400,000, and $385,000 immediately after the storm. 2011 1040 ez The trees were not covered by insurance. 2011 1040 ez 1) Adjusted basis $128,000 2) FMV before the storm $400,000 3) FMV after the storm 385,000 4) Decrease in FMV (line 2 − line 3) $15,000 5) Loss before insurance (lesser of line 1 or line 4) $15,000 6) Minus: Insurance -0- 7) Amount of loss $15,000 Insurance and other reimbursements. 2011 1040 ez   If you receive an insurance or other type of reimbursement, you must subtract the reimbursement when you figure your loss. 2011 1040 ez You do not have a casualty or theft loss to the extent you are reimbursed. 2011 1040 ez   If you expect to be reimbursed for part or all of your loss, you must subtract the expected reimbursement when you figure your loss. 2011 1040 ez You must reduce your loss even if you do not receive payment until a later tax year. 2011 1040 ez    Do not subtract from your loss any insurance payments you receive for living expenses if you lose the use of your main home or are denied access to it because of a casualty. 2011 1040 ez You may have to include a portion of these payments in your income. 2011 1040 ez See Insurance payments for living expenses in Publication 547 for details. 2011 1040 ez Disaster relief. 2011 1040 ez   Food, medical supplies, and other forms of assistance you receive do not reduce your casualty loss, unless they are replacements for lost or destroyed property. 2011 1040 ez Excludable cash gifts you receive also do not reduce your casualty loss if there are no limits on how you can use the money. 2011 1040 ez   Generally, disaster relief grants received under the Robert T. 2011 1040 ez Stafford Disaster Relief and Emergency Assistance Act are not included in your income. 2011 1040 ez See Federal disaster relief grants , later, under Disaster Area Losses . 2011 1040 ez   Qualified disaster relief payments for expenses you incurred as a result of a federally declared disaster are not taxable income to you. 2011 1040 ez See Qualified disaster relief payments , later, under Disaster Area Losses . 2011 1040 ez Reimbursement received after deducting loss. 2011 1040 ez   If you figure your casualty or theft loss using your expected reimbursement, you may have to adjust your tax return for the tax year in which you get your actual reimbursement. 2011 1040 ez Actual reimbursement less than expected. 2011 1040 ez   If you later receive less reimbursement than you expected, include that difference as a loss with your other losses (if any) on your return for the year in which you can reasonably expect no more reimbursement. 2011 1040 ez Actual reimbursement more than expected. 2011 1040 ez   If you later receive more reimbursement than you expected after you have claimed a deduction for the loss, you may have to include the extra reimbursement in your income for the year you receive it. 2011 1040 ez However, if any part of your original deduction did not reduce your tax for the earlier year, do not include that part of the reimbursement in your income. 2011 1040 ez Do not refigure your tax for the year you claimed the deduction. 2011 1040 ez See Recoveries in Publication 525 to find out how much extra reimbursement to include in income. 2011 1040 ez If the total of all the reimbursements you receive is more than your adjusted basis in the destroyed or stolen property, you will have a gain on the casualty or theft. 2011 1040 ez See Figuring a Gain in Publication 547 for information on how to treat a gain from the reimbursement you receive because of a casualty or theft. 2011 1040 ez Actual reimbursement same as expected. 2011 1040 ez   If you receive exactly the reimbursement you expected to receive, you do not have to include any of the reimbursement in your income and you cannot deduct any additional loss. 2011 1040 ez Lump-sum reimbursement. 2011 1040 ez   If you have a casualty or theft loss of several assets at the same time without an allocation of reimbursement to specific assets, divide the lump-sum reimbursement among the assets according to the fair market value of each asset at the time of the loss. 2011 1040 ez Figure the gain or loss separately for each asset that has a separate basis. 2011 1040 ez Adjustments to basis. 2011 1040 ez   If you have a casualty or theft loss, you must decrease your basis in the property by any insurance or other reimbursement you receive and by any deductible loss. 2011 1040 ez The result is your adjusted basis in the property. 2011 1040 ez Amounts you spend on repairs to restore your property to its pre-casualty condition increase your adjusted basis. 2011 1040 ez See Adjusted Basis in chapter 6 for more information. 2011 1040 ez Example. 2011 1040 ez You built a new silo for $25,000. 2011 1040 ez This is the basis in your silo because that is the total cost you incurred to build it. 2011 1040 ez During the year, a tornado damaged your silo and your allowable casualty loss deduction was $1,000. 2011 1040 ez In addition, your insurance company reimbursed you $4,000 for the damage and you spent $6,000 to restore the silo to its pre-casualty condition. 2011 1040 ez Your adjusted basis in the silo after the casualty is $26,000 ($25,000 - $1,000 - $4,000 + $6,000). 2011 1040 ez Deduction Limits on Losses of Personal-Use Property Casualty and theft losses of property held for personal use may be deductible if you itemize deductions on Schedule A (Form 1040). 2011 1040 ez There are two limits on the deduction for casualty or theft loss of personal-use property. 2011 1040 ez You figure these limits on Form 4684. 2011 1040 ez $100 rule. 2011 1040 ez   You must reduce each casualty or theft loss on personal-use property by $100. 2011 1040 ez This rule applies after you have subtracted any reimbursement. 2011 1040 ez 10% rule. 2011 1040 ez   You must further reduce the total of all your casualty or theft losses on personal-use property by 10% of your adjusted gross income. 2011 1040 ez Apply this rule after you reduce each loss by $100. 2011 1040 ez Adjusted gross income is on line 38 of Form 1040. 2011 1040 ez Example. 2011 1040 ez In June, you discovered that your house had been burglarized. 2011 1040 ez Your loss after insurance reimbursement was $2,000. 2011 1040 ez Your adjusted gross income for the year you discovered the burglary is $57,000. 2011 1040 ez Figure your theft loss deduction as follows: 1. 2011 1040 ez Loss after insurance $2,000 2. 2011 1040 ez Subtract $100 100 3. 2011 1040 ez Loss after $100 rule $1,900 4. 2011 1040 ez Subtract 10% (. 2011 1040 ez 10) × $57,000 AGI $5,700 5. 2011 1040 ez Theft loss deduction -0- You do not have a theft loss deduction because your loss ($1,900) is less than 10% of your adjusted gross income ($5,700). 2011 1040 ez    If you have a casualty or theft gain in addition to a loss, you will have to make a special computation before you figure your 10% limit. 2011 1040 ez See 10% Rule in Publication 547. 2011 1040 ez When Loss Is Deductible Generally, you can deduct casualty losses that are not reimbursable only in the tax year in which they occur. 2011 1040 ez You generally can deduct theft losses that are not reimbursable only in the year you discover your property was stolen. 2011 1040 ez However, losses in federally declared disaster areas are subject to different rules. 2011 1040 ez See Disaster Area Losses , later, for an exception. 2011 1040 ez If you are not sure whether part of your casualty or theft loss will be reimbursed, do not deduct that part until the tax year when you become reasonably certain that it will not be reimbursed. 2011 1040 ez Leased property. 2011 1040 ez   If you lease property from someone else, you can deduct a loss on the property in the year your liability for the loss is fixed. 2011 1040 ez This is true even if the loss occurred or the liability was paid in a different year. 2011 1040 ez You are not entitled to a deduction until your liability under the lease can be determined with reasonable accuracy. 2011 1040 ez Your liability can be determined when a claim for recovery is settled, adjudicated, or abandoned. 2011 1040 ez Example. 2011 1040 ez Robert leased a tractor from First Implement, Inc. 2011 1040 ez , for use in his farm business. 2011 1040 ez The tractor was destroyed by a tornado in June 2012. 2011 1040 ez The loss was not insured. 2011 1040 ez First Implement billed Robert for the fair market value of the tractor on the date of the loss. 2011 1040 ez Robert disagreed with the bill and refused to pay it. 2011 1040 ez First Implement later filed suit in court against Robert. 2011 1040 ez In 2013, Robert and First Implement agreed to settle the suit for $20,000, and the court entered a judgment in favor of First Implement. 2011 1040 ez Robert paid $20,000 in June 2013. 2011 1040 ez He can claim the $20,000 as a loss on his 2013 tax return. 2011 1040 ez Net operating loss (NOL). 2011 1040 ez   If your deductions, including casualty or theft loss deductions, are more than your income for the year, you may have an NOL. 2011 1040 ez An NOL can be carried back or carried forward and deducted from income in other years. 2011 1040 ez See Publication 536 for more information on NOLs. 2011 1040 ez Proof of Loss To deduct a casualty or theft loss, you must be able to prove that there was a casualty or theft. 2011 1040 ez You must have records to support the amount you claim for the loss. 2011 1040 ez Casualty loss proof. 2011 1040 ez   For a casualty loss, your records should show all the following information. 2011 1040 ez The type of casualty (car accident, fire, storm, etc. 2011 1040 ez ) and when it occurred. 2011 1040 ez That the loss was a direct result of the casualty. 2011 1040 ez That you were the owner of the property or, if you leased the property from someone else, that you were contractually liable to the owner for the damage. 2011 1040 ez Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 2011 1040 ez Theft loss proof. 2011 1040 ez   For a theft loss, your records should show all the following information. 2011 1040 ez When you discovered your property was missing. 2011 1040 ez That your property was stolen. 2011 1040 ez That you were the owner of the property. 2011 1040 ez Whether a claim for reimbursement exists for which there is a reasonable expectation of recovery. 2011 1040 ez Figuring a Gain A casualty or theft may result in a taxable gain. 2011 1040 ez If you receive an insurance payment or other reimbursement that is more than your adjusted basis in the destroyed, damaged, or stolen property, you have a gain from the casualty or theft. 2011 1040 ez You generally report your gain as income in the year you receive the reimbursement. 2011 1040 ez However, depending on the type of property you receive, you may not have to report your gain. 2011 1040 ez See Postponing Gain , later. 2011 1040 ez Your gain is figured as follows: The amount you receive, minus Your adjusted basis in the property at the time of the casualty or theft. 2011 1040 ez Even if the decrease in FMV of your property is smaller than the adjusted basis of your property, use your adjusted basis to figure the gain. 2011 1040 ez Amount you receive. 2011 1040 ez   The amount you receive includes any money plus the value of any property you receive, minus any expenses you have in obtaining reimbursement. 2011 1040 ez It also includes any reimbursement used to pay off a mortgage or other lien on the damaged, destroyed, or stolen property. 2011 1040 ez Example. 2011 1040 ez A tornado severely damaged your barn. 2011 1040 ez The adjusted basis of the barn was $25,000. 2011 1040 ez Your insurance company reimbursed you $40,000 for the damaged barn. 2011 1040 ez However, you had legal expenses of $2,000 to collect that insurance. 2011 1040 ez Your insurance minus your expenses to collect the insurance is more than your adjusted basis in the barn, so you have a gain. 2011 1040 ez 1) Insurance reimbursement $40,000 2) Legal expenses 2,000 3) Amount received  (line 1 − line 2) $38,000 4) Adjusted basis 25,000 5) Gain on casualty (line 3 − line 4) $13,000 Other Involuntary Conversions In addition to casualties and thefts, other events cause involuntary conversions of property. 2011 1040 ez Some of these are discussed in the following paragraphs. 2011 1040 ez Gain or loss from an involuntary conversion of your property is usually recognized for tax purposes. 2011 1040 ez You report the gain or deduct the loss on your tax return for the year you realize it. 2011 1040 ez However, depending on the type of property you receive, you may not have to report your gain on the involuntary conversion. 2011 1040 ez See Postponing Gain , later. 2011 1040 ez Condemnation Condemnation is the process by which private property is legally taken for public use without the owner's consent. 2011 1040 ez The property may be taken by the federal government, a state government, a political subdivision, or a private organization that has the power to legally take property. 2011 1040 ez The owner receives a condemnation award (money or property) in exchange for the property taken. 2011 1040 ez A condemnation is a forced sale, the owner being the seller and the condemning authority being the buyer. 2011 1040 ez Threat of condemnation. 2011 1040 ez   Treat the sale of your property under threat of condemnation as a condemnation, provided you have reasonable grounds to believe that your property will be condemned. 2011 1040 ez Main home condemned. 2011 1040 ez   If you have a gain because your main home is condemned, you generally can exclude the gain from your income as if you had sold or exchanged your home. 2011 1040 ez For information on this exclusion, see Publication 523. 2011 1040 ez If your gain is more than the amount you can exclude, but you buy replacement property, you may be able to postpone reporting the excess gain. 2011 1040 ez See Postponing Gain , later. 2011 1040 ez (You cannot deduct a loss from the condemnation of your main home. 2011 1040 ez ) More information. 2011 1040 ez   For information on how to figure the gain or loss on condemned property, see chapter 1 in Publication 544. 2011 1040 ez Also see Postponing Gain , later, to find out if you can postpone reporting the gain. 2011 1040 ez Irrigation Project The sale or other disposition of property located within an irrigation project to conform to the acreage limits of federal reclamation laws is an involuntary conversion. 2011 1040 ez Livestock Losses Diseased livestock. 2011 1040 ez   If your livestock die from disease, or are destroyed, sold, or exchanged because of disease, even though the disease is not of epidemic proportions, treat these occurrences as involuntary conversions. 2011 1040 ez If the livestock were raised or purchased for resale, follow the rules for livestock discussed earlier under Farming Losses . 2011 1040 ez Otherwise, figure the gain or loss from these conversions using the rules discussed under Determining Gain or Loss in chapter 8. 2011 1040 ez If you replace the livestock, you may be able to postpone reporting the gain. 2011 1040 ez See Postponing Gain below. 2011 1040 ez Reporting dispositions of diseased livestock. 2011 1040 ez   If you choose to postpone reporting gain on the disposition of diseased livestock, you must attach a statement to your return explaining that the livestock were disposed of because of disease. 2011 1040 ez You must also include other information on this statement. 2011 1040 ez See How To Postpone Gain , later, under Postponing Gain . 2011 1040 ez Weather-related sales of livestock. 2011 1040 ez   If you sell or exchange livestock (other than poultry) held for draft, breeding, or dairy purposes solely because of drought, flood, or other weather-related conditions, treat the sale or exchange as an involuntary conversion. 2011 1040 ez Only livestock sold in excess of the number you normally would sell under usual business practice, in the absence of weather-related conditions, are considered involuntary conversions. 2011 1040 ez Figure the gain or loss using the rules discussed under Determining Gain or Loss in chapter 8. 2011 1040 ez If you replace the livestock, you may be able to postpone reporting the gain. 2011 1040 ez See Postponing Gain below. 2011 1040 ez Example. 2011 1040 ez It is your usual business practice to sell five of your dairy animals during the year. 2011 1040 ez This year you sold 20 dairy animals because of drought. 2011 1040 ez The sale of 15 animals is treated as an involuntary conversion. 2011 1040 ez    If you do not replace the livestock, you may be able to report the gain in the following year's income. 2011 1040 ez This rule also applies to other livestock (including poultry). 2011 1040 ez See Sales Caused by Weather-Related Conditions in chapter 3. 2011 1040 ez Tree Seedlings If, because of an abnormal drought, the failure of planted tree seedlings is greater than normally anticipated, you may have a deductible loss. 2011 1040 ez Treat the loss as a loss from an involuntary conversion. 2011 1040 ez The loss equals the previously capitalized reforestation costs you had to duplicate on replanting. 2011 1040 ez You deduct the loss on the return for the year the seedlings died. 2011 1040 ez Postponing Gain Do not report a gain if you receive reimbursement in the form of property similar or related in service or use to the destroyed, stolen, or other involuntarily converted property. 2011 1040 ez Your basis in the new property is generally the same as your adjusted basis in the property it replaces. 2011 1040 ez You must ordinarily report the gain on your stolen, destroyed, or other involuntarily converted property if you receive money or unlike property as reimbursement. 2011 1040 ez However, you can choose to postpone reporting the gain if you purchase replacement property similar or related in service or use to your destroyed, stolen, or other involuntarily converted property within a specific replacement period. 2011 1040 ez If you have a gain on damaged property, you can postpone reporting the gain if you spend the reimbursement to restore the property. 2011 1040 ez To postpone reporting all the gain, the cost of your replacement property must be at least as much as the reimbursement you receive. 2011 1040 ez If the cost of the replacement property is less than the reimbursement, you must include the gain in your income up to the amount of the unspent reimbursement. 2011 1040 ez Example 1. 2011 1040 ez In 1985, you constructed a barn to store farm equipment at a cost of $20,000. 2011 1040 ez In 1987, you added a silo to the barn at a cost of $15,000 to store grain. 2011 1040 ez In May of this year, the property was worth $100,000. 2011 1040 ez In June the barn and silo were destroyed by a tornado. 2011 1040 ez At the time of the tornado, you had an adjusted basis of $0 in the property. 2011 1040 ez You received $85,000 from the insurance company. 2011 1040 ez You had a gain of $85,000 ($85,000 – $0). 2011 1040 ez You spent $80,000 to rebuild the barn and silo. 2011 1040 ez Since this is less than the insurance proceeds received, you must include $5,000 ($85,000 – $80,000) in your income. 2011 1040 ez Example 2. 2011 1040 ez In 1970, you bought a cabin in the mountains for your personal use at a cost of $18,000. 2011 1040 ez You made no further improvements or additions to it. 2011 1040 ez When a storm destroyed the cabin this January, the cabin was worth $250,000. 2011 1040 ez You received $146,000 from the insurance company in March. 2011 1040 ez You had a gain of $128,000 ($146,000 − $18,000). 2011 1040 ez You spent $144,000 to rebuild the cabin. 2011 1040 ez Since this is less than the insurance proceeds received, you must include $2,000 ($146,000 − $144,000) in your income. 2011 1040 ez Buying replacement property from a related person. 2011 1040 ez   You cannot postpone reporting a gain from a casualty, theft, or other involuntary conversion if you buy the replacement property from a related person (discussed later). 2011 1040 ez This rule applies to the following taxpayers. 2011 1040 ez C corporations. 2011 1040 ez Partnerships in which more than 50% of the capital or profits interest is owned by C corporations. 2011 1040 ez Individuals, partnerships (other than those in (2) above), and S corporations if the total realized gain for the tax year on all involuntarily converted properties on which there are realized gains is more than $100,000. 2011 1040 ez For involuntary conversions described in (3) above, gains cannot be offset by any losses when determining whether the total gain is more than $100,000. 2011 1040 ez If the property is owned by a partnership, the $100,000 limit applies to the partnership and each partner. 2011 1040 ez If the property is owned by an S corporation, the $100,000 limit applies to the S corporation and each shareholder. 2011 1040 ez Exception. 2011 1040 ez   This rule does not apply if the related person acquired the property from an unrelated person within the period of time allowed for replacing the involuntarily converted property. 2011 1040 ez Related persons. 2011 1040 ez   Under this rule, related persons include, for example, a parent and child, a brother and sister, a corporation and an individual who owns more than 50% of its outstanding stock, and two partnerships in which the same C corporations own more than 50% of the capital or profits interests. 2011 1040 ez For more information on related persons, see Nondeductible Loss under Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. 2011 1040 ez Death of a taxpayer. 2011 1040 ez   If a taxpayer dies after having a gain, but before buying replacement property, the gain must be reported for the year in which the decedent realized the gain. 2011 1040 ez The executor of the estate or the person succeeding to the funds from the involuntary conversion cannot postpone reporting the gain by buying replacement property. 2011 1040 ez Replacement Property You must buy replacement property for the specific purpose of replacing your property. 2011 1040 ez Your replacement property must be similar or related in service or use to the property it replaces. 2011 1040 ez You do not have to use the same funds you receive as reimbursement for your old property to acquire the replacement property. 2011 1040 ez If you spend the money you receive for other purposes, and borrow money to buy replacement property, you can still choose to postpone reporting the gain if you meet the other requirements. 2011 1040 ez Property you acquire by gift or inheritance does not qualify as replacement property. 2011 1040 ez Owner-user. 2011 1040 ez   If you are an owner-user, similar or related in service or use means that replacement property must function in the same way as the property it replaces. 2011 1040 ez Examples of property that functions in the same way as the property it replaces are a home that replaces another home, a dairy cow that replaces another dairy cow, and farm land that replaces other farm land. 2011 1040 ez A grinding mill that replaces a tractor does not qualify. 2011 1040 ez Neither does a breeding or draft animal that replaces a dairy cow. 2011 1040 ez Soil or other environmental contamination. 2011 1040 ez   If, because of soil or other environmental contamination, it is not feasible for you to reinvest your insurance money or other proceeds from destroyed or damaged livestock in property similar or related in service or use to the livestock, you can treat other property (including real property) used for farming purposes, as property similar or related in service or use to the destroyed or damaged livestock. 2011 1040 ez Weather-related conditions. 2011 1040 ez   If, because of drought, flood, or other weather-related conditions, it is not feasible for you to reinvest the insurance money or other proceeds in property similar or related in service or use to the livestock, you can treat other property (excluding real property) used for farming purposes, as property similar or related in service or use to the livestock you disposed of. 2011 1040 ez Example. 2011 1040 ez Each year you normally sell 25 cows from your beef herd. 2011 1040 ez However, this year you had to sell 50 cows. 2011 1040 ez This is because a severe drought significantly reduced the amount of hay and pasture yield needed to feed your herd for the rest of the year. 2011 1040 ez Because, as a result of the severe drought, it is not feasible for you to use the proceeds from selling the extra cows to buy new cows, you can treat other property (excluding real property) used for farming purposes, as property similar or related in service or use to the cows you sold. 2011 1040 ez Standing crop destroyed by casualty. 2011 1040 ez   If a storm or other casualty destroyed your standing crop and you use the insurance money to acquire either another standing crop or a harvested crop, this purchase qualifies as replacement property. 2011 1040 ez The costs of planting and raising a new crop qualify as replacement costs for the destroyed crop only if you use the crop method of accounting (discussed in chapter 2). 2011 1040 ez In that case, the costs of bringing the new crop to the same level of maturity as the destroyed crop qualify as replacement costs to the extent they are incurred during the replacement period. 2011 1040 ez Timber loss. 2011 1040 ez   Standing timber you bought with the proceeds from the sale of timber downed as a result of a casualty, such as high winds, earthquakes, or volcanic eruptions, qualifies as replacement property. 2011 1040 ez If you bought the standing timber within the replacement period, you can postpone reporting the gain. 2011 1040 ez Business or income-producing property located in a federally declared disaster area. 2011 1040 ez   If your destroyed business or income-producing property was located in a federally declared disaster area, any tangible replacement property you acquire for use in any business is treated as similar or related in service or use to the destroyed property. 2011 1040 ez For more information, see Disaster Area Losses in Publication 547. 2011 1040 ez Substituting replacement property. 2011 1040 ez   Once you have acquired qualified replacement property that you designate as replacement property in a statement attached to your tax return, you cannot substitute other qualified replacement property. 2011 1040 ez This is true even if you acquire the other property within the replacement period. 2011 1040 ez However, if you discover that the original replacement property was not qualified replacement property, you can, within the replacement period, substitute the new qualified replacement property. 2011 1040 ez Basis of replacement property. 2011 1040 ez   You must reduce the basis of your replacement property (its cost) by the amount of postponed gain. 2011 1040 ez In this way, tax on the gain is postponed until you dispose of the replacement property. 2011 1040 ez Replacement Period To postpone reporting your gain, you must buy replacement property within a specified period of time. 2011 1040 ez This is the replacement period. 2011 1040 ez The replacement period begins on the date your property was damaged, destroyed, stolen, sold, or exchanged. 2011 1040 ez The replacement period generally ends 2 years after the close of the first tax year in which you realize any part of your gain from the involuntary conversion. 2011 1040 ez Example. 2011 1040 ez You are a calendar year taxpayer. 2011 1040 ez While you were on vacation, farm equipment that cost $2,200 was stolen from your farm. 2011 1040 ez You discovered the theft when you returned to your farm on November 11, 2012. 2011 1040 ez Your insurance company investigated the theft and did not settle your claim until January 5, 2013, when they paid you $3,000. 2011 1040 ez You first realized a gain from the reimbursement for the theft during 2013, so you have until December 31, 2015, to replace the property. 2011 1040 ez Main home in disaster area. 2011 1040 ez   For your main home (or its contents) located in a federally declared disaster area, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the involuntary conversion. 2011 1040 ez See Disaster Area Losses , later. 2011 1040 ez Property in the Midwestern disaster areas. 2011 1040 ez   For property located in the Midwestern disaster areas (defined in Table 4 in the 2008 Publication 547) that was destroyed, damaged, stolen, or condemned, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. 2011 1040 ez This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Midwestern disaster areas. 2011 1040 ez Property in the Kansas disaster area. 2011 1040 ez   For property located in the Kansas disaster area that was destroyed, damaged, stolen, or condemned after May 3, 2007, as a result of the Kansas storms and tornadoes, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. 2011 1040 ez This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Kansas disaster area. 2011 1040 ez Property in the Hurricane Katrina disaster area. 2011 1040 ez   For property located in the Hurricane Katrina disaster area that was destroyed, damaged, stolen, or condemned after August 24, 2005, as a result of Hurricane Katrina, the replacement period ends 5 years after the close of the first tax year in which any part of your gain is realized. 2011 1040 ez This 5-year replacement period applies only if substantially all of the use of the replacement property is in the Hurricane Katrina disaster area. 2011 1040 ez Weather-related sales of livestock in an area eligible for federal assistance. 2011 1040 ez   For the sale or exchange of livestock due to drought, flood, or other weather-related conditions in an area eligible for federal assistance, the replacement period ends 4 years after the close of the first tax year in which you realize any part of your gain from the sale or exchange. 2011 1040 ez The IRS may extend the replacement period on a regional basis if the weather-related conditions continue for longer than 3 years. 2011 1040 ez   For information on extensions of the replacement period because of persistent drought, see Notice 2006-82, 2006-39 I. 2011 1040 ez R. 2011 1040 ez B. 2011 1040 ez 529, available at  www. 2011 1040 ez irs. 2011 1040 ez gov/irb/2006-39_IRB/ar11. 2011 1040 ez html. 2011 1040 ez For a list of counties for which exceptional, extreme, or severe drought was reported during the 12 months ending August 31, 2013, see Notice 2013-62, available at IRS. 2011 1040 ez gov. 2011 1040 ez Condemnation. 2011 1040 ez   The replacement period for a condemnation begins on the earlier of the following dates. 2011 1040 ez The date on which you disposed of the condemned property. 2011 1040 ez The date on which the threat of condemnation began. 2011 1040 ez The replacement period generally ends 2 years after the close of the first tax year in which any part of the gain on the condemnation is realized. 2011 1040 ez But see Main home in disaster area , Property in the Midwestern disaster areas , Property in the Kansas disaster area , and Property in the Hurricane Katrina disaster area , earlier, for exceptions. 2011 1040 ez Business or investment real property. 2011 1040 ez   If real property held for use in a trade or business or for investment (not including property held primarily for sale) is condemned, the replacement period ends 3 years after the close of the first tax year in which any part of the gain on the condemnation is realized. 2011 1040 ez Extension. 2011 1040 ez   You can apply for an extension of the replacement period. 2011 1040 ez Send your written application to the Internal Revenue Service Center where you file your tax return. 2011 1040 ez See your tax return instructions for the address. 2011 1040 ez Include all the details about your need for an extension. 2011 1040 ez Make your application before the end of the replacement period. 2011 1040 ez However, you can file an application within a reasonable time after the replacement period ends if you can show a good reason for the delay. 2011 1040 ez You will get an extension of the replacement period if you can show reasonable cause for not making the replacement within the regular period. 2011 1040 ez How To Postpone Gain You postpone reporting your gain by reporting your choice on your tax return for the year you have the gain. 2011 1040 ez You have the gain in the year you receive insurance proceeds or other reimbursements that result in a gain. 2011 1040 ez Required statement. 2011 1040 ez   You should attach a statement to your return for the year you have the gain. 2011 1040 ez This statement should include all the following information. 2011 1040 ez The date and details of the casualty, theft, or other involuntary conversion. 2011 1040 ez The insurance or other reimbursement you received. 2011 1040 ez How you figured the gain. 2011 1040 ez Replacement property acquired before return filed. 2011 1040 ez   If you acquire replacement property before you file your return for the year you have the gain, your statement should also include detailed information about all the following items. 2011 1040 ez The replacement property. 2011 1040 ez The postponed gain. 2011 1040 ez The basis adjustment that reflects the postponed gain. 2011 1040 ez Any gain you are reporting as income. 2011 1040 ez Replacement property acquired after return filed. 2011 1040 ez   If you intend to buy replacement property after you file your return for the year you realize gain, your statement should also say that you are choosing to replace the property within the required replacement period. 2011 1040 ez   You should then attach another statement to your return for the year in which you buy the replacement property. 2011 1040 ez This statement should contain detailed information on the replacement property. 2011 1040 ez If you acquire part of your replacement property in one year and part in another year, you must attach a statement to each year's return. 2011 1040 ez Include in the statement detailed information on the replacement property bought in that year. 2011 1040 ez Reporting weather-related sales of livestock. 2011 1040 ez   If you choose to postpone reporting the gain on weather-related sales or exchanges of livestock, show all the following information on a statement attached to your return for the tax year in which you first realize any of the gain. 2011 1040 ez Evidence of the weather-related conditions that forced the sale or exchange of the livestock. 2011 1040 ez The gain realized on the sale or exchange. 2011 1040 ez The number and kind of livestock sold or exchanged. 2011 1040 ez The number of livestock of each kind you would have sold or exchanged under your usual business practice. 2011 1040 ez   Show all the following information and the preceding information on the return for the year in which you replace the livestock. 2011 1040 ez The dates you bought the replacement property. 2011 1040 ez The cost of the replacement property. 2011 1040 ez Description of the replacement property (for example, the number and kind of the replacement livestock). 2011 1040 ez Amended return. 2011 1040 ez   You must file an amended return (Form 1040X) for the tax year of the gain in either of the following situations. 2011 1040 ez You do not acquire replacement property within the replacement period, plus extensions. 2011 1040 ez On this amended return, you must report the gain and pay any additional tax due. 2011 1040 ez You acquire replacement property within the required replacement period, plus extensions, but at a cost less than the amount you receive from the casualty, theft, or other involuntary conversion. 2011 1040 ez On this amended return, you must report the part of the gain that cannot be postponed and pay any additional tax due. 2011 1040 ez Disaster Area Losses Special rules apply to federally declared disaster area losses. 2011 1040 ez A federally declared disaster is a disaster that occurred in an area declared by the President to be eligible for federal assistance under the Robert T. 2011 1040 ez Stafford Disaster Relief and Emergency Assistance Act. 2011 1040 ez It includes a major disaster or emergency declaration under the act. 2011 1040 ez A list of the areas warranting public or individual assistance (or both) under the Act is available at the Federal Emergency Management Agency (FEMA) web site at www. 2011 1040 ez fema. 2011 1040 ez gov. 2011 1040 ez This part discusses the special rules for when to deduct a disaster area loss and what tax deadlines may be postponed. 2011 1040 ez For other special rules, see Disaster Area Losses in Publication 547. 2011 1040 ez When to deduct the loss. 2011 1040 ez   You generally must deduct a casualty loss in the year it occurred. 2011 1040 ez However, if you have a deductible loss from a disaster that occurred in an area warranting public or individual assistance (or both), you can choose to deduct that loss on your return or amended return for the tax year immediately preceding the tax year in which the disaster happened. 2011 1040 ez If you make this choice, the loss is treated as having occurred in the preceding year. 2011 1040 ez    Claiming a qualifying disaster loss on the previous year's return may result in a lower tax for that year, often producing or increasing a cash refund. 2011 1040 ez   You must make the choice to take your casualty loss for the disaster in the preceding year by the later of the following dates. 2011 1040 ez The due date (without extensions) for filing your tax return for the tax year in which the disaster actually occurred. 2011 1040 ez The due date (with extensions) for the return for the preceding tax year. 2011 1040 ez Federal disaster relief grants. 2011 1040 ez   Do not include post-disaster relief grants received under the Robert T. 2011 1040 ez Stafford Disaster Relief and Emergency Assistance Act in your income if the grant payments are made to help you meet necessary expenses or serious needs for medical, dental, housing, personal property, transportation, or funeral expenses. 2011 1040 ez Do not deduct casualty losses or medical expenses to the extent they are specifically reimbursed by these disaster relief grants. 2011 1040 ez If the casualty loss was specifically reimbursed by the grant and you received the grant after the year in which you deducted the casualty loss, see Reimbursement received after deducting loss , earlier. 2011 1040 ez Unemployment assistance payments under the Act are taxable unemployment compensation. 2011 1040 ez Qualified disaster relief payments. 2011 1040 ez   Qualified disaster relief payments are not included in the income of individuals to the extent any expenses compensated by these payments are not otherwise compensated for by insurance or other reimbursement. 2011 1040 ez These payments are not subject to income tax, self-employment tax, or employment taxes (social security, Medicare, and federal unemployment taxes). 2011 1040 ez No withholding applies to these payments. 2011 1040 ez   Qualified disaster relief payments include payments you receive (regardless of the source) for the following expenses. 2011 1040 ez Reasonable and necessary personal, family, living, or funeral expenses incurred as a result of a federally declared disaster. 2011 1040 ez Reasonable and necessary expenses incurred for the repair or rehabilitation of a personal residence due to a federally declared disaster. 2011 1040 ez (A personal residence can be a rented residence or one you own. 2011 1040 ez ) Reasonable and necessary expenses incurred for the repair or replacement of the contents of a personal residence due to a federally declared disaster. 2011 1040 ez   Qualified disaster relief payments include amounts paid by a federal, state, or local government in connection with a federally declared disaster to individuals affected by the disaster. 2011 1040 ez    Qualified disaster relief payments do not include: Payments for expenses otherwise paid for by insurance or other reimbursements, or Income replacement payments, such as payments of lost wages, lost business income, or unemployment compensation. 2011 1040 ez Qualified disaster mitigation payments. 2011 1040 ez   Qualified disaster mitigation payments made under the Robert T. 2011 1040 ez Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act (as in effect on April 15, 2005) are not included in income. 2011 1040 ez These are payments you, as a property owner, receive to reduce the risk of future damage to your property. 2011 1040 ez You cannot increase your basis in property, or take a deduction or credit, for expenditures made with respect to those payments. 2011 1040 ez Sale of property under hazard mitigation program. 2011 1040 ez   Generally, if you sell or otherwise transfer property, you must recognize any gain or loss for tax purposes unless the property is your main home. 2011 1040 ez You report the gain or deduct the loss on your tax return for the year you realize it. 2011 1040 ez (You cannot deduct a loss on personal-use property unless the loss resulted from a casualty, as discussed earlier. 2011 1040 ez ) However, if you sell or otherwise transfer property to the Federal Government, a state or local government, or an Indian tribal government under a hazard mitigation program, you can choose to postpone reporting the gain if you buy qualifying replacement property within a certain period of time. 2011 1040 ez See Postponing Gain , earlier, for the rules that apply. 2011 1040 ez Other federal assistance programs. 2011 1040 ez    For more information about other federal assistance programs, see Crop Insurance and Crop Disaster Payments and Feed Assistance and Payments in chapter 3 earlier. 2011 1040 ez Postponed tax deadlines. 2011 1040 ez   The IRS may postpone for up to 1 year certain tax deadlines of taxpayers who are affected by a federally declared disaster. 2011 1040 ez The tax deadlines the IRS may postpone include those for filing income, excise, and employment tax returns, paying income, excise, and employment taxes, and making contributions to a traditional IRA or Roth IRA. 2011 1040 ez   If any tax deadline is postponed, the IRS will publicize the postponement in your area and publish a news release, revenue ruling, revenue procedure, notice, announcement, or other guidance in the Internal Revenue Bulletin (IRB). 2011 1040 ez Go to http://www. 2011 1040 ez irs. 2011 1040 ez gov/uac/Tax-Relief-in-Disaster-Situations to find out if a tax deadline has been postponed for your area. 2011 1040 ez Who is eligible. 2011 1040 ez   If the IRS postpones a tax deadline, the following taxpayers are eligible for the postponement. 2011 1040 ez Any individual whose main home is located in a covered disaster area (defined next). 2011 1040 ez Any business entity or sole proprietor whose principal place of business is located in a covered disaster area. 2011 1040 ez Any individual who is a relief worker affiliated with a recognized government or philanthropic organization and who is assisting in a covered disaster area. 2011 1040 ez Any individual, business entity, or sole proprietorship whose records are needed to meet a postponed tax deadline, provided those records are maintained in a covered disaster area. 2011 1040 ez The main home or principal place of business does not have to be located in the covered disaster area. 2011 1040 ez Any estate or trust that has tax records necessary to meet a postponed tax deadline, provided those records are maintained in a covered disaster area. 2011 1040 ez The spouse on a joint return with a taxpayer who is eligible for postponements. 2011 1040 ez Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose necessary records to meet a postponed tax deadline are located in the covered disaster area. 2011 1040 ez Any individual visiting the covered disaster area who was killed or injured as a result of the disaster. 2011 1040 ez Any other person determined by the IRS to be affected by a federally declared disaster. 2011 1040 ez Covered disaster area. 2011 1040 ez   This is an area of a federally declared disaster area in which the IRS has decided to postpone tax deadlines for up to 1 year. 2011 1040 ez Abatement of interest and penalties. 2011 1040 ez   The IRS may abate the interest and penalties on the underpaid income tax for the length of any postponement of tax deadlines. 2011 1040 ez Reporting Gains and Losses You will have to file one or more of the following forms to report your gains or losses from involuntary conversions. 2011 1040 ez Form 4684. 2011 1040 ez   Use this form to report your gains and losses from casualties and thefts. 2011 1040 ez Form 4797. 2011 1040 ez   Use this form to report involuntary conversions (other than from casualty or theft) of property used in your trade or business and capital assets held in connection with a trade or business or a transaction entered into for profit. 2011 1040 ez Also use this form if you have a gain from a casualty or theft on trade, business or income-producing property held for more than 1 year and you have to recapture some or all of your gain as ordinary income. 2011 1040 ez Form 8949. 2011 1040 ez   Use this form to report gain from an involuntary conversion (other than from casualty or theft) of personal-use property. 2011 1040 ez Schedule A (Form 1040). 2011 1040 ez   Use this form to deduct your losses from casualties and thefts of personal-use property and income-producing property, that you reported on Form 4684. 2011 1040 ez Schedule D (Form 1040). 2011 1040 ez   Use this form to carry over the following gains. 2011 1040 ez Net gain shown on Form 4797 from an involuntary conversion of business property held for more than 1 year. 2011 1040 ez Net gain shown on Form 4684 from the casualty or theft of personal-use property. 2011 1040 ez    Also use this form to figure the overall gain or loss from transactions reported on Form 8949. 2011 1040 ez Schedule F (Form 1040). 2011 1040 ez   Use this form to deduct your losses from casualty or theft of livestock or produce bought for sale under Other expenses in Part II, line 32, if you use the cash method of accounting and have not otherwise deducted these losses. 2011 1040 ez Prev  Up  Next   Home   More Online Publications