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I watched
a news story tonight that broke my heart. A woman had been
living in a FEMA trailer for almost two years while she cleaned
out her home after Hurricane Katrina. The house, located somewhere
along the Gulf Coast, was ready for occupation when it went
up in flames while the woman was at work. Although the house
didn't "burn to the ground," it was a total loss.
The rub
was that this woman had purchased more flood insurance for
her home, but since that insurance cost her so much she didn't
- rather, couldn't - purchase homeowner's insurance. Her predicament
was so ironic that it became newsworthy.
But her
situation posed a few questions. Was she left holding the
bag after this loss, or could she expect some tax relief?
If she could afford premiums for homeowner's insurance, would
those payments be tax deductible? So I searched for answers,
and I discovered that if a home or its possessions are damaged,
destroyed, or stolen, the homeowner might receive a tax deduction
even if the home wasn't insured. But, the loss is easier to
take if you do maintain insurance.
Before
you suffer a loss, read your policy carefully to determine
what is and isn't covered under Section 1 in that policy.
That section will explain the types of property coverage,
list the specific problems that you're insured against, and
describe any exclusion. This section will also detail any
conditions you must meet for effective coverage.
As we
all learned from news stories after Katrina, homeowner's insurance
may or may not reimburse you for your loss. In just as many
cases, homeowners may be partially reimbursed or refused compensation
when it cannot be determined whether that loss occurred by,
say, wind or water. But even if the insurance company refuses
payment, the insurance holder may be entitled to some tax
relief.
In cases
where partial or no reimbursement results, and if your home
is damaged or destroyed in an accident or by an act of nature,
you may be able to claim a casualty loss deduction on your
federal tax form. This income tax deduction may provide relief
for individuals who lost a home through an identifiable event
that is sudden, unexpected, or unusual (which may or may not
include predicted hurricanes), or when personal possessions
are stolen, damaged, or destroyed.
To file
this loss, you must file federal Form
1040 [PDF] and itemize your deductions on Schedule
A [PDF]. For individual taxpayers, the casualty or
loss deduction is subject to two limitations:
- You
cannot deduct the first $100 of any loss;
- If
your loss exceeds $100, you can only deduct casualty and
theft losses if the total amount lost exceeds ten percent
of your adjusted gross income.
If your
insurer reimburses you for your losses, you must subtract
the reimbursement amount when you calculate your losses for
tax purposes. If you don't file your insurance in a timely
manner, you won't be able to deduct anything, and you may
have to add the reimbursement to your taxes as income.
Say this
woman who lost her home to fire purchased her home years ago
for $30,000 (she had raised six sons in that home). And, perhaps,
the home was worth $75,000 on the local market immediately
before the fire. After the fire, the home is basically worth
$15,000; but if she had insurance, the insurance company might
pay her $45,000 for her loss. This is how she would file that
loss on her taxes if she had been reimbursed:
- She
would first note the adjusted basis before loss, which would
be $30,000.
- She
would then subtract any reimbursement (none in her case).
- She
would then note the decrease in the property's Fair Market
Value ("FMV") ($75,000 minus $15,000 = $60,000).
- Her
loss would be $30,000, because she would have a choice between
the smaller of 1 or 2 above.
But this
woman still must apply the two deduction limitations ($100
deductible and ten percent of the adjusted gross income) to
determine the final amount of the casualty loss deduction
on Form
4684 [PDF].
If you
take a quick glance at the items listed on Form 4684, you
may realize that you need to review more than your homeowner's
policy. You might want to talk to a professional insurance
and/or real estate adjuster about your adjusted
basis cost (which may increase or decrease depending
upon various events) and about your home's current FMV. These
prices may determine the amount and type of insurance and
deductible that you want to maintain on that home.
You usually
need to pay a deductible before the insurer will reimburse
you for partial or full loss, but you may be able to deduct
the deductible on your income tax as a "theft loss" on the
return.
Finally,
you cannot deduct those premiums if those insurance costs
cover personal property. But, if you have a home office and
if you qualify to take a home office deduction, you may be
able to deduct a portion of your housing expenses, including
a percentage of that homeowner's insurance premium. Once again,
look long and hard at that policy, as that insurance may not
cover business equipment in the home or a client who slips
and falls at your home.
Did the
Gulf Coast woman suffer a total loss? No, she can still deduct
the loss on her taxes after she applies the $100 deductible
and ten percent of the adjusted gross income rule. But, unlike
an insured homeowner who receives money for a loss, she may
not receive a refund from the IRS. Instead, the loss of her
home simply may reduce the amount of taxes she might have
paid for this year.
Until
Next Week,
Linda Goin
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