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3 If you wish, you can submit comments about draft or final forms, instructions, or publications at We cannot respond to all comments due to the high volume we receive. Please note that we may not be able to consider many suggestions until the subsequent revision of the product. 2018 Department of the Treasury Internal Revenue Service Instructions for Form 4684. Casualties and Thefts DRAFT AS OF. Section references are to the Internal Revenue Code 2018 Form 1040 redesigned. The 2018 Form Assistance Act (Stafford Act). A federally unless otherwise noted. declared disaster includes (a) a major disaster 1040 has been redesigned and is declaration, or (b) an emergency declaration General Instructions supplemented with new Schedules 1 through 6.
4 These additional schedules will be used as under the Stafford Act. needed to complete more complex tax returns. Federal casualty loss. A federal casualty loss Future Developments References to Form 1040 and its related schedules have been revised accordingly on is an individual's casualty or theft loss of personal-use property that is attributable to a January 24, 2019. For the latest information about developments Form 4684 and in these instructions. federally declared disaster. The casualty loss related to Form 4684 and its instructions, such Special rules for capital gains invested in must occur in a state receiving a federal as legislation enacted after they were Qualified Opportunity Funds.
5 In 2018, if you disaster declaration. If you suffered a federal published, go to have a capital gain you can invest that gain into casualty loss, you are eligible to claim a At the time these instructions went to a Qualified Opportunity Fund and elect to defer casualty loss deduction. If you suffered a ! print, Congress was considering part or all of the gain that you would otherwise casualty or theft loss of personal-use property CAUTION legislation that would provide additional include in income until December 31, 2026. You that was not attributable to a federally declared tax relief for those affected by 2018 disasters.
6 Also may be able to permanently exclude gain disaster, it is not a federal casualty loss, and See for information from the sale or exchange of an investment in a you may not claim a casualty loss deduction and updates. Qualified Opportunity Fund if the investment is unless the exception applies. See the Caution held for at least 10 years. For information about under Losses You Can Deduct, later. What's New how to elect to use these special rules, see the Instructions for Form 8949. For additional Disaster loss. A disaster loss is a loss that is attributable to a federally declared disaster and Limitation on personal casualty and theft information, see Opportunity Zones Frequently that occurs in an area eligible for assistance losses.
7 Personal casualty and theft losses of Asked Questions. pursuant to the Presidential declaration. The an individual sustained in a tax year beginning disaster loss must occur in a county eligible for Deferral of gain invested in a Qualified after 2017 are deductible only to the extent public or individual assistance (or both). Opportunity Fund. If you realize a gain from they're attributable to a federally declared Disaster losses are not limited to individual an actual, or deemed, sale or exchange with an disaster. The loss deduction is subject to the personal use property and may be claimed for unrelated person and during the 180-day period $100 limit per casualty and 10% of your individual business or income-producing beginning on the date realizing the gain, adjusted gross income (AGI) limitation.
8 Property and by corporations, S corporations, invested an amount of the gain in a Qualified An exception to the rule above limiting the and partnerships. If you suffered a disaster loss, Opportunity Fund, you may be able to elect to personal casualty and theft loss deduction to you are eligible to claim a casualty loss temporarily defer part or all of the gain that it losses attributable to a federally declared deduction and to elect to claim the loss in the would otherwise be included in income. If you disaster applies if you have personal casualty preceding tax year. See Disaster Losses, later.
9 Make the election, the gain included in taxable gains for the tax year. In this case, you will income is only to the extent, if any, the amount Qualified disaster loss. A qualified disaster reduce your personal casualty gains by any of realized gain that exceeds the aggregate loss is an individual's casualty or theft loss of casualty losses not attributable to a federally amount invested in a Qualified Opportunity personal-use property that is attributable to a declared disaster. Any excess gain is used to Fund during the 180-day period beginning on major disaster declared by the President under reduce losses from a federally declared the date realizing the gain.
10 Section 401 of the Stafford Act in 2016, as well disaster. The 10% AGI limitation is applied to as from Hurricane Harvey, Tropical Storm any remaining losses attributable to a federally How to report. Report the gain as it would Harvey, Hurricane Irma, Hurricane Maria, or the declared disaster. otherwise be reported if you were not making 2017 California Wildfires. If you suffered a the election. Report the election for the amount For more information, see Disaster Losses, qualified disaster loss, you are eligible to claim invested in a Qualified Opportunity Fund on later, the instructions for Line 14, and Pub.