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Tax Ramification on a Large Uninsured Loss from Harvey

Posted on 9/12/17 at 11:20 am
Posted by TxWadingFool
Middle Coast
Member since Sep 2014
4365 posts
Posted on 9/12/17 at 11:20 am
Been reading up and have a handle on the tax laws I believe, my question which may seem like a dumb one is how do you come up with a exact value of your loss that will hold up if one was to be audited? Tax office has a valuation but that's not near market value imo, could one use sales of similar properties in the neighborhood as a guide? Seem like no matter what you wouldn't have anything cut a dry to back yourself up. Thanks for any guidance.
Posted by Glock17
Member since Oct 2007
22378 posts
Posted on 9/12/17 at 11:29 am to
When I flooded last year, I had purchased my house only a few months prior so we used that price. I kept every receipt for anything I spent during the rebuilding process.
Posted by ell_13
Member since Apr 2013
84943 posts
Posted on 9/12/17 at 11:36 am to
quote:

a Large Uninsured Loss
Remember that the loss will at least be partially offset by any grants or donations received for the rebuild/restore. That includes FEMA.
Posted by TxWadingFool
Middle Coast
Member since Sep 2014
4365 posts
Posted on 9/12/17 at 12:01 pm to
Been denied by FEMA since we didn't live there a majority of the previous 12 months, the Rockport area is made up of hundreds if not thousands of weekend / vacation homes that won't qualify for any governmental assistance. Same thing happened in the Jersey area after Sandy, I have never been asked by the tax man when they collect but when they go to pay out that seems to matter
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37020 posts
Posted on 9/12/17 at 2:11 pm to
You can get an appraisal done. That's a pretty solid way to handle it.

Most people use rebuilding costs as a guide.
Posted by ell_13
Member since Apr 2013
84943 posts
Posted on 9/12/17 at 3:35 pm to
quote:

the Rockport area is made up of hundreds if not thousands of weekend / vacation homes
So it was flood damage? Or wind?
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6139 posts
Posted on 9/12/17 at 4:05 pm to
quote:

You can get an appraisal done. That's a pretty solid way to handle it.


But the casualty loss would be limited to his basis not fare market value.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37020 posts
Posted on 9/12/17 at 4:14 pm to
quote:

But the casualty loss would be limited to his basis not fare market value.


The casualty loss is the reduction in FMV value, limited to his basis.

If the FMV reduction is more than his basis, then yes, it's limited to his basis. The appraisal would still give support for that reduction.
Posted by TxWadingFool
Middle Coast
Member since Sep 2014
4365 posts
Posted on 9/12/17 at 5:21 pm to
Personally and in most cases around Rockport it was wind, some isolated areas it was flood from the surge, in laws had flood, wind, and home owners insurance and had the whole bottom floor wiped out as well as $20,000 steel building / boat barn from a 12' storm surge, they are fighting with their insurance now over all of that, wind and homeowners are taking care of the upper floor since the roof was taken off but the ground level stuff isn't so cut and dry it seems. Ours was a older place we couldn't get insurance on without dropping a bunch of money on it to bring up to code so I'll just bite the bullet and eat the loss but would be nice to get all the credit for it I can with the IRS.
Posted by Bill Parker?
Member since Jan 2013
4468 posts
Posted on 9/12/17 at 11:41 pm to
quote:

would be nice to get all the credit for it I can with the IRS.


I'm not versed in tax law, but I would do this: consult with a CPA, and suggest that you have a retrospective appraisal done that states the value before damages, and then a current market value appraisal that states the value after damages. The difference in the two values could be your loss, if your tax advisor agrees to it.

Explain the situation to the appraiser on the front end, and have him work with your tax advisor. Simple things like a statement in the appraisal that the intended use of the appraisal is to define the loss in value for tax reporting purposes can carry the day with the IRS. In times of major weather issues that we have just seen, federal agencies can actually be agreeable when they are presented with the correct information from CPAs and licensed appraisers.

Good luck.
Posted by iron banks
Destrehan
Member since Jul 2014
3738 posts
Posted on 9/13/17 at 5:51 am to
After Katrina they got rid of the income % of loss and let you deduct the first dollar. We did not rebuild the camp. We had pictures of the place and made a list with approx values for the deductions. It helped some but it doesn't make you whole that is for sure.
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