Can I claim a tax deduction if my property is damaged by fire, flooding, or natural disaster?
For the years 2018–2025, you can claim a casualty loss deduction for federally declared disasters. Man-made disasters are not eligible for the casualty loss deduction during this period.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act grants the President the power to declare a federal disaster when a major disaster occurs. A major disaster is defined as a natural catastrophe that causes damage so severe that state and local governments would be unable to respond to it effectively. You can find major disaster declarations on the FEMA website.
The loss may still be eligible if it occurs outside the boundaries of the federally declared disaster so long as the disaster is deemed to have directly caused the damage. For example, if you suffer property damage from a tornado, but the federally declared disaster applies only to the county bordering the one where you live, your loss may still qualify because it was caused by a federally declared disaster.
How do I claim a casualty loss deduction?
IRS Form 4684 is used to calculate a qualifying casualty loss deduction. You are required to itemize your deductions on Schedule A, however, to claim a casualty loss deduction.
It is important to know that any loss fully covered by insurance is not eligible for this deduction on your tax return. If you have a qualifying casualty loss deduction, you can claim that loss on the tax return for the year in which the loss occurred, or you may claim the loss in the previous year. In general, a Tax Pro is best equipped to help you determine which year would be most beneficial. Your adjusted gross income, filing status, other Schedule A deductions, and tax bracket can all impact which year is most beneficial for claiming the casualty loss deduction. If you do not typically seek professional assistance with your income tax return, you may want to consider doing so in the event of a casualty loss deduction.
The IRS often reviews and may audit casualty loss deductions. Make sure to gather and retain any documents that support your deduction. For example, be prepared to provide proof of the original costs of any items, how they were damaged, the fair market values at the time of the loss, and the costs of repairs or replacement.
What other kinds of tax relief may I be eligible for in case of fire, flooding, or natural disaster?
In addition to potentially qualifying for a casualty loss deduction, you may also be eligible for penalty abatements. Generally, if you owe on your individual income tax return and do not file it timely, the IRS imposes a late-filing penalty. Similarly, if you owe on your individual income tax return and do not make the payment timely, the IRS imposes a late-payment penalty.
The IRS often provides tax relief provisions for taxpayers who are affected by major disasters. Generally, the tax relief allows certain taxpayers in affected areas to file their returns after the original due date without incurring late-filing penalties. Additionally, the IRS usually allows taxpayers to pay the taxes due late without incurring a late-payment penalty. The IRS publishes most disaster relief information on its website.
Even if the IRS has not specifically authorized tax relief for your specific disaster, you may still be able to obtain an abatement of tax penalties. Many types of tax penalties can be abated by using the First Time Abate penalty relief. If you are not eligible for the First Time Abate penalty relief, you may qualify for a reasonable cause penalty abatement. A Rocket Legal Pro™ can assist you in determining which type of penalty abatement you might qualify for and in making that request with the IRS.
Some states offer tax relief or assistance that is distinct from, or in addition to, the tax relief or assistance provided by the federal government. You can find information about state tax relief or assistance on your state’s tax authority website.
Is Tax Relief Available for Victims of the 2025 California Wildfires?
Yes, the IRS has provided various types of tax relief for victims of the 2025 California wildfires that impacted Los Angeles and other areas in California. Those impacted by the California wildfires will have additional time to file IRS tax returns and make payments for deadlines that occur between January 7, 2025 and October 15, 2025. For example, impacted individuals will have until October 15, 2025 to file their 2024 tax return and make 2024 income tax return payments that would have otherwise been due on April 15, 2025. The IRS has also provided tax relief for other types of payments, such as quarterly estimated tax payments, IRA contributions, and payroll taxes. Generally, the IRS tax relief will automatically be applied to your account based on the address of your tax filings. If you are a victim of the California wildfires, a tax pro can assist you in determining what type of tax relief you qualify for and ensure that the proper tax relief is granted to you.
In addition to tax relief from the IRS, the California Franchise Tax Board (FTB) is also providing tax relief for tax filings and payments for those impacted by the 2025 California wildfires. Specifically, the California FTB has postponed personal 2024 tax returns and 2024 income tax payments for taxpayers in Los Angeles County. Those returns and payments are now due on October 15, 2025, instead of April 15, 2025. Similar to the IRS, California allows a casualty loss deduction for victims of the wildfires when qualifying losses have occurred. There are specific requirements for claiming the casualty loss deduction on your California personal return. Working with a tax pro can help ensure that you are properly calculating and claiming any casualty loss to which you may be entitled.
How does receiving a payment from my insurance carrier impact the tax relief I can claim?
The insurance proceeds you receive for a casualty loss directly impact the calculation of the potential casualty loss deduction.
To calculate the casualty loss deduction, start with the total loss from the casualty event. Next, subtract the insurance proceeds or other reimbursements from the total loss amount. Then, subtract $100 from that figure. Finally, subtract 10% of your adjusted gross income (AGI). The final amount of these calculations is the casualty loss deduction you may be eligible to claim on your income taxes. The more you receive in insurance proceeds, the lower the casualty loss deduction.
Below is a casualty loss deduction example for a $50,000 loss with $40,000 covered by insurance and a $50,000 AGI:
- $50,000 (total loss) − $40,000 (insurance proceeds) = $10,000
- $10,000 − $100 = $9,900
- $9,900 − $5,000 (10% of $50,000 AGI) = $4,900 (casualty loss deduction)
In this example, the $4,900 remaining is your casualty loss deduction. Remember: You are required to itemize your deductions in order to claim the casualty loss deduction.
Some disasters are classified as qualified disasters. The calculations for a qualified disaster are slightly different from those for a casualty loss.
A Tax Pro can assist you in determining if your loss is a casualty loss or a qualified disaster loss. If you have more questions about your options after disaster-related property damage, reach out to a Rocket Legal Pro™ for affordable legal advice.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
