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studster
Returning Member

Tax implications of a house fire

I lost my house to a fire on 12/30/21 (total loss; Marshall Fire in Colorado). I want to understand the tax implications of (1) rebuilding vs (2) selling my lot and buying elsewhere. In 2000 I bought for $240k. I put in maybe $50k in improvements. It was estimated at about $775k before it burned.

 

1. I'll get about $500k from insurance. I'll use it all to rebuild, plus maybe $50k more from other incentives and my own pocket. The house will be completed late 2023 or early 2024. What will I need to do differently when I file each of my 2021 through 2024 taxes? How will my basis in the house change?

 

2. If I sell the lot for $300k, and get $500k from insurance to buy elsewhere (in 2023), how do I calculate my gain on the sale? What's my basis in the new house? How do I file my 2021 through 2023 taxes?

 

The insurance payout for my lost contents isn't taxable, since it (theoretically) covered exactly what I lost, and I didn't lose anything that appreciated significantly in value. Is that right?

 

For tax purposes, the insurance payouts for other structures (fences) and landscaping that was lost just gets  lumped in with the house payouts, right? Though the insurance company treats them all as separate buckets, they're all just losses on the whole property, and the IRS is looking at the property as a whole, right? So if I use landscaping money to build a bigger house, or use house money to get better landscaping, it's all going into the same overall property.

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1 Reply
NancyM5
Employee Tax Expert

Tax implications of a house fire

The amount of your loss is the decrease in the fair market value of your property ($775,000) or your adjusted basis in the property ($290,000) whichever is less.  In your case your loss would be $290,000.  This loss would be reduced by your insurance reimbursement.  And if the insurance reimbursement is greater than your adjusted basis, which it is, then that difference is taxable income.  The exception to this would be if you used the insurance proceeds to buy replacement property.  This article explains this in more detail:  Uncle Sam to the Rescue.

Also if your loss involves separate items, which is the case when a home is destroyed by fire, the IRS expects you to calculate the loss for each item.  This is a link to the IRS booklet: Publication 584: Nonbusiness Casualty, Disaster and Theft Loss Workbook.  And one final link:  Casualties, Disasters, and Thefts while for a 2021 return should be similar to the 2022 publication when issued by the IRS.
As for filing your tax returns, you can amend your return for 2021 and take your loss in that year.

Your second question indicates that you would receive $800,000 for your home which had an adjusted basis of $290,000.  Without any additional information from you, it sounds like that difference would be taxable income.

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