Can I claim a casualty loss and still take the standard deduction?

acbearlu

I had storm damage to my landscaping (three trees were lost). Can I claim this as a casualty loss without itemizing my deductions and take the standard deduction?

kiarab

Hello,

Generally, unless it is a federally declared disaster, you are not allowed to claim a casualty loss at all, even if you are itemizing your deductions. (This might change in the future)

However, if it is, then you need to see if it is a Qualified Disaster Loss. Those types of disasters you are allowed to claim losses without itemizing your deductions. You must have a casualty loss attributed to:

• A major disaster declared by the President under section 401 of the Stafford Act in 2016;
• Hurricane Harvey;
• Tropical Storm Harvey;
• Hurricane Irma;
• Hurricane Maria;
• The California wildfires in 2017 and January 2018;
• A major disaster that was declared by the President under section 401 of the Stafford Act and that occurred in 2018 and before December 21, 2019, and continued no later than January 19, 2020 (except those attributable to the California wildfires in January 2018 that received prior relief); and
• A major disaster that was declared by the President during the period between January 1, 2020, and February 25, 2021. Also, this disaster must have an incident period that began on or after December 28, 2019, and on or before December 27, 2020, and must have ended no later than January 26, 2021. A qualified disaster does not include those losses attributable to any major disaster which has been declared only by reason of COVID-19.

https://www.irs.gov/publications/p547#en_US_2022_publink100014703 (Search for Qualified Disaster Loss)