As always - the answer is "maybe".
If your allowable loss exceeds the amount reimbursed by your insurance company, you may be eligible for a deduction. The rules are complicated and are handled differently for investment, business and personal property. In addition, there is basis and other restrictions to consider.
If you incurred a loss, it's incredibly important that you contact your tax advisor immediately.
Normally, your excess loss is deductible in year the casualty occurred. However, since any deductible loss from the fires is in an area officially designated by the President as eligible for federal disaster assistance, you can choose to deduct that loss on your return for the year immediately preceding the loss year. In other words, you may treat the loss as having occurred in either the current year (2007) or the previous year (2006), whichever provides the best tax results for you.
For the full details, check out IRS Tax Topic 515, Casualty, Disaster, and Theft Losses (Including Flood Losses), or IRS Publication 547, Casualties, Disasters and Thefts . Publication 584, Casualty, Disaster, and Theft Loss Workbook, can be used to help you catalog your property which is also very handy.
Our hearts go out to every person who suffered a loss.
I hope this information helps in some small way,
Nancy Moeller, CPA, REALTOR®
Nancy@TheOCExperts.com
Direct: (714) 276-7006
http://activerain.com/action/blogs_admin/www.TheOCExperts.com
Serving Orange County Real Estate, Anaheim Hills Based