casualty

5 Tax Tips for Hurricane Victims

Recent hurricanes have left many homeowners and businesses with major, unprecedented damage. In addition to the widespread property losses, disasters can have tax and other financial implications. Fortunately, a new law passed on September 29 provides special tax breaks for victims of Hurricanes Harvey, Irma and Maria. If you’ve been affected, consider these five tips as you work to rebuild your home or business.

1. Take advantage of more valuable personal casualty loss write-offs

For federal income tax purposes, you suffer a casualty loss when your property’s fair market value is reduced or obliterated by a sudden event such as a hurricane, flood, storm, fire or earthquake — to the extent losses aren’t covered by insurance. Property losses due to theft or vandalism also count as casualty losses.

Normally, personal casualty loss deductions are significantly less than whattaxpayers expect — or may be nothing at all — due to limitations in tax law. But the new law loosens the restrictions to allow recent hurricane victims larger deductions. Here’s what changed:

  • You must normally reduce the loss amount (after offsetting it by applicable insurance proceeds) by $100. Under the new law, this $100 limitation per casualty is increased to $500. However, even though this amount went up, eligible victims can claim a larger deduction as described below.
  • Generally, you must further reduce your loss by 10% of your adjusted gross income (AGI) for the year you would claim the loss on your tax return. Under the new law, this requirement is eliminated for Hurricane Harvey losses.
  • You normally don’t get a deduction if you don’t itemize. But under the new law, this requirement is eliminated for eligible hurricane victims so even non-itemizers get a deduction.

Example: You incurred a $30,000 personal casualty loss last year, had AGI of $150,000 and itemized your deductions. Your allowable deduction would have been only $14,900 ($30,000 minus $100 minus $15,000). (If instead your loss was $15,100 or less, you would have gotten no write-off at all.) Under the new law, if you sustain a $30,000 qualified disaster-related loss due to Hurricane Harvey, Irma or Maria, your allowable deduction will be $29,500 ($30,000 minus $500).

2. Understand business casualty loss write-offs

If you have disaster losses to business property, you can deduct the full amount of the uninsured loss as a business expense on your entity’s tax return or on the appropriate Form 1040 schedule if you operate as a sole proprietor. As with personal casualties, you can opt to claim 2016 deductions for 2017 losses in a federally declared disaster area.

3. Beware of taxable involuntary conversion gains

If you have insurance coverage for disaster-related property damage under a homeowners, renters, or business policy, you might actually have a taxable gain instead of a deductible loss.

If the insurance proceeds exceed the tax basis of the damaged or destroyed property, you have a taxable profit under tax law. This is true even if the insurer doesn’t fully compensate you for the pre-casualty value of the property. These are called “involuntary conversion gains” because the casualty causes your property to suddenly be converted into cash from insurance proceeds.

When you have an involuntary conversion gain, you generally must report it as taxable income unless you make a special election to defer the gain and make sufficient expenditures to repair/replace the affected property..

If you make the gain-deferral election, you’ll have a taxable gain only to the extent the insurance proceeds exceed what you spend to repair/replace the property. The expenses generally must occur within the period beginning on the damage or destruction date and ending two years after the close of the tax year in which you have the involuntary conversion gain. The deferred gain amount is subtracted from your basis in the affected property.

4. Take note of special principal residence rules

For federal income tax purposes, special rules apply to involuntary conversion gains on principal residences. For this purpose, principal residence means the place has been your main home for at least the last two years. Some benefits depend on whether you own your principal residence:

For a principal residence you own. You can probably use the federal gain exclusion tax break to reduce or eliminate any involuntary conversion gain. The maximum gain exclusion is $250,000 for unmarried homeowners and $500,000 for married joint-filing couples. To qualify for the maximum exclusion, you must have owned and used the property as your main home for at least two of the last five years. If you still have a gain after taking advantage of the gain exclusion tax break, you have four years (instead of the normal two years) to make sufficient expenditures to repair or replace the property and thereby avoid a taxable involuntary conversion gain if your residence was damaged or destroyed by an event in a federally declared disaster area.

For a home you own or rent. If contents in your principal residence were damaged or destroyed by an event in a federally declared disaster area, there is no taxable gain from insurance proceeds that cover losses to unscheduled personal property. In other words, you don’t need to repair or replace contents to avoid a taxable involuntary conversion gain. You can do whatever you want with insurance money from unscheduled personal property coverage without tax concerns. This beneficial rule applies whether you own your principal residence or not.

5. You may be able to tap into your retirement account

The IRS previously announced that 401(k) plans and similar employer-sponsored retirement plans can make loans and hardship distributions to Hurricane Harvey victims and members of their families with streamlined procedures and liberalized hardship distribution rules. The new law provides additional relief to eligible taxpayers.

Under current law, if a participant takes distributions from a qualified retirement plan before age 59½, a 10% early withdrawal penalty is due on the amount withdrawn, unless the taxpayer meets the rules for one of several exceptions. Regular income tax is also due on the amount. Under the new law, eligible victims under age 59½ can take tax-favored distributions from retirement plans without paying the 10% early withdrawal penalty. They’re also allowed the option of spreading the income resulting from the distributions over a three-year period.

In addition, the new law provides more flexibility to eligible hurricane victims by allowing them to borrow more from their accounts. It also removes some loan limitations and delays certain repayment dates.

Make sure to consult with a tax professional

As you work to rebuild, be sure to consult with a tax advisor for a full explanation of the implications of a major property loss as there could be additional considerations in your situation. This area of the tax law can be complicated, but the tax dollars involved may be significant.

Source: CPA Practice Advisor

New Updates on Hurricane Tax Relief (10-05-2017)

Hurricane tax relief (10-05-17)

On October 2, 2017, the President signed H.R. 3823, the Disaster Relief and Airport and Airway Extension Act of 2017, which provides temporary tax relief for victims of hurricanes Harvey, Irma, and Maria. The following is a brief overview of some of the provisions of this Act.

  • Casualty losses: Affected taxpayers can calculate their deduction without regard to the 10% floor. Also, taxpayers aren't required to itemize to take a casualty loss. 
  • Withdrawals from IRAs and retirement plans: Taxpayers located in the disaster areas may withdraw up to $100,000 from IRAs and qualified retirement plans as qualified hurricane distributions. The 10% penalty doesn't apply, the distribution is included in income ratable over three years (by election), and withdrawals can be recontributed within three years.
  • Loans from retirement plans: For qualified taxpayers, the limit on loans from qualified retirement plans is increased to $100,000 and the first loan repayment is delayed for one year.
  • Charitable contributions: Contributions made between August 23, 2017, andDecember 31, 2017, for Harvey, Irma, or Maria relief efforts are not subject to the 50%, 30%, and 20% of AGI limitations under IRC §170(b). Note that hurricane contributions must be in cash. For taxpayers that do not itemize their deductions, the contributions can still be deducted in full in addition to their standard deduction.
  • Credits:
    • Employers in hurricane Harvey, Irma, or Maria disaster areas will be eligible for a new employee retention credit that equals 40% of the qualified wages for each eligible employee, up to the first $6,000 of wages.
    • For taxpayers in the hurricane areas, if their earned income for 2017 is less than their earned income for 2016, they may elect to use their earned income for the 2016 tax year for purposes of calculating the Earned Income Credit and the Child Tax Credit.

California does not conform to any of the provisions of the Disaster Relief Act. However, any distributions or loans made from a qualified plan under the Act will not disqualify that plan for California purposes.

Source: Spidell

Tax Relief for Victims of Hurricane Irma in Florida

Updated 9/15/17 -The IRS is now offering expanded relief to any area designated by FEMA as qualifying for either individual assistance or public assistance in the State of Florida. This represents all 67 counties of Florida.

Updated 9/15/17 - Added counties of Alachua, Baker, Bradford, Columbia, Gilchrist, Levy, Nassau, Suwannee and Union.

Updated 9/14/17 – Added counties of: Citrus, DeSoto, Glades, Hardee, Henry, Hernando, Highlands, Indian River, Lake, Marion, Martin, Okeechobee, Osceola, Seminole, Sumter and Volusia.

Updated 9/13/17 – Added counties of Brevard, Orange, Pasco, Polk and St. Lucie counties.

See also the IRS Hurricane Irma Information Center.

FL-2017-04, Sept. 12, 2017

Florida — Victims of Hurricane Irma that took place beginning on Sept. 4, 2017 in parts of Florida may qualify for tax relief from the Internal Revenue Service.

The President has declared that a major disaster exists in the State of Florida. Following the recent disaster declaration for individual assistance issued by the Federal Emergency Management Agency, the IRS announced today that affected taxpayers in Florida will receive tax relief.

The IRS is now offering expanded relief to any area designated by FEMA as qualifying for either individual assistance or public assistance in the State of Florida. Individuals who reside or have a business in Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington counties may qualify for tax relief. This represents all 67 counties of Florida.

The declaration permits the IRS to postpone certain deadlines for taxpayers who reside or have a business in the disaster area. For instance, certain deadlines falling on or after Sept. 4, 2017 and before Jan. 31, 2018, are granted additional time to file through Jan. 31, 2018. This includes taxpayers who had a valid extension to file their 2016 return that was due to run out on Oct. 16, 2017. It also includes the quarterly estimated income tax payments originally due on Sept. 15, 2017 and Jan. 16, 2018, and the quarterly payroll and excise tax returns normally due on Oct. 31, 2017. It also includes tax-exempt organizations that operate on a calendar-year basis and had an automatic extension due to run out on Nov. 15, 2017. In addition, penalties on payroll and excise tax deposits due on or after Sept. 4, 2017, and before Sept. 19, 2017, will be abated as long as the deposits are made by Sept. 19, 2017.

If an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date that falls within the postponement period, the taxpayer should call the telephone number on the notice to have the IRS abate the penalty.

The IRS automatically identifies taxpayers located in the covered disaster area and applies automatic filing and payment relief. But affected taxpayers who reside or have a business located outside the covered disaster area must call the IRS disaster hotline at 866-562-5227 to request this tax relief.

Covered Disaster Area

The counties listed above constitute a covered disaster area for purposes of Treas. Reg. § 301.7508A-1(d)(2) and are entitled to the relief detailed below.

Affected Taxpayers

Taxpayers considered to be affected taxpayers eligible for the postponement of time to file returns, pay taxes and perform other time-sensitive acts are those taxpayers listed in Treas. Reg. § 301.7508A-1(d)(1), and include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Taxpayers not in the covered disaster area, but whose records necessary to meet a deadline listed in Treas. Reg. § 301.7508A-1(c) are in the covered disaster area, are also entitled to relief. In addition, all relief workers affiliated with a recognized government or philanthropic organization assisting in the relief activities in the covered disaster area and any individual visiting the covered disaster area who was killed or injured as a result of the disaster are entitled to relief.

Grant of Relief

Under section 7508A, the IRS gives affected taxpayers until Jan. 31, 2018, to file most tax returns (including individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, trust returns; estate, gift, and generation-skipping transfer tax returns; annual information returns of tax-exempt organizations; and employment and certain excise tax returns), that have either an original or extended due date occurring on or after Sept. 4, 2017, and before Jan. 31, 2018. Affected taxpayers that have an estimated income tax payment originally due on or after Sept. 4, 2017, and before Jan. 31, 2018, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Jan. 31, 2018. The IRS also gives affected taxpayers until Jan. 31, 2018 to perform other time-sensitive actions described in Treas. Reg. § 301.7508A-1(c)(1) and Rev. Proc. 2007-56, 2007-34 I.R.B. 388 (Aug. 20, 2007), that are due to be performed on or after Sept. 4, 2017, and before Jan. 31, 2018.

This relief also includes the filing of Form 5500 series returns, (that were required to be filed on or after Sept. 4, 2017, and before Jan. 31, 2018, in the manner described in section 8 of Rev. Proc. 2007-56. The relief described in section 17 of Rev. Proc. 2007-56, pertaining to like-kind exchanges of property, also applies to certain taxpayers who are not otherwise affected taxpayers and may include acts required to be performed before or after the period above.

Unless an act is specifically listed in Rev. Proc. 2007-56, the postponement of time to file and pay does not apply to information returns in the W-2, 1094, 1095, 1097, 1098, or 1099 series; to Forms 1042-S, 3921, 3922, 8025, or 8027; or to employment and excise tax deposits.  However, penalties on deposits due on or after Sept. 4, 2017, and before Sept. 19, 2017, will be abated as long as the tax deposits are made by Sept. 19, 2017.

Casualty Losses

Affected taxpayers in a federally declared disaster area have the option of claiming disaster-related casualty losses on their federal income tax return for either the year in which the event occurred, or the prior year. See Publication 547 for details.

Individuals may deduct personal property losses that are not covered by insurance or other reimbursements. For details, see Form 4684 and its instructions.

Affected taxpayers claiming the disaster loss on a 2016 return should put the Disaster Designation, “Florida, Hurricane Irma” at the top of the form so that the IRS can expedite the processing of the refund.

Other Relief

The IRS will waive the usual fees and expedite requests for copies of previously filed tax returns for affected taxpayers. Taxpayers should put the assigned Disaster Designation “Florida, Hurricane Irma” in red ink at the top of Form 4506, Request for Copy of Tax Return, or Form 4506-T, Request for Transcript of Tax Return, as appropriate, and submit it to the IRS.

Affected taxpayers who are contacted by the IRS on a collection or examination matter should explain how the disaster impacts them so that the IRS can provide appropriate consideration to their case. Taxpayers may download forms and publications from the official IRS website, irs.gov, or order them by calling 800-829-3676. The IRS toll-free number for general tax questions is 800-829-1040.

 

Source: https://www.irs.gov/newsroom/tax-relief-for-victims-of-hurricane-irma-in-florida