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Level 2
July 24, 2023
Question

Form 4684 Problem with Qualified Disaster Losses

  • July 24, 2023
  • 1 reply
  • 0 views

I am working on my real disaster loss for tax year 2022.  My FEMA disaster code is DR-4683 affecting California.  I carefully read related IRS papers such as Publication 547 and Form 4684 Instructions.  My understanding is my disaster is not a "Qualified Disaster", and I do not believe my loss should be reported as Qualified Disaster Loss, but rather just Disaster Loss.  The two are treated differently, with Qualified Disaster Loss subject to a $500 deduction but not subject to 10% AGI deduction, versus Disaster Loss subject to a $100 deduction and also subject to 10% AGI deduction.  I entered my numbers in Form 4684 TurboTax 2022 (Windows PC installed version), and asked TT to generate the tax return.  I see my loss is treated as Qualified Disaster Loss, even though I correctly entered my FEMA code (DR-4683).  This does not look like a software bug but a problem in interpreting the tax code.  I hope the brainpower in this great community can help me understand or establish the problem.

    1 reply

    Level 15
    July 24, 2023

    in the interview process did you check the box "this is a federally declared disaster (not "qualifed") and not the box for qualified federal declared major disaster. also, the property is not business or investment property. 

    asuacapAuthor
    Level 2
    July 24, 2023

    Thank you Mike9241.  The right check box certainly took care of my problem, now my case is no longer "qualified" and I am moving on.