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posted May 7, 2024 5:55:32 PM

TORNADO IN 2020 AND NO FEDERALLY DECLARED DISASTER. HOW CAN I CLAIM THIS LOSS?

  1. I survived a tornado in April of 2020  (Covid lockdown) but my 120 year old farmhouse did not fare so well.  My insurance was useless and I took a distribution from my 401 K to repair my home under the Cares Act (Thank you Trump!).  How do I claim my loss?   I was in a state declared disaster zone but this was not acceptable to the IRS. (Only Federally Declared numbers were accepted).    I was told to contact my state representatives as they create the tax laws.  I paid huge taxes in 2020 due to the distribution I took to make repairs on my home.  Is there anything I can do as far as an amendment to recoup any of these monies before time runs out to amend.  Any helpful advice is appreciated!  It's so unfair.  I was taxed at the same rate as someone in a Federally Declared Zone, but I didn't qualify.  Any helpful advice is appreciated.  

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1 Replies
Level 15
May 7, 2024 6:52:06 PM

Unfortunately there is no way for you to claim the loss on your federal tax return. Under the tax reform law that President Trump signed in 2017, there is no deduction for personal casualty losses for years 2018 through 2025, unless the loss is due to a federally declared disaster.


Your state representatives write the state tax laws, but not the federal tax laws. The federal tax laws are written by Congress.