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December 17, 2024
Question

I "think" I can amend my 2022 Tax return because of losses not covered by ins. for Hurricane Ian in 2022 like deductible and losses to property. Is this correct?

  • December 17, 2024
  • 1 reply
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H.R. 5863 now law. Do I just AMEND 2022? Is TurboTax ready for that?

    1 reply

    Employee
    December 18, 2024

    You would amend your 2023 return, not 2022 (that was due April 15, 2024).

     

    Yes, if a loss occurs in 2024, you can either take the deduction on your 2024 return (to be filed after January 31, 2025) or by amending your 2023 return (which you should have originally filed no later than April 15, 2024, unless you had an extension.) https://www.irs.gov/taxtopics/tc515

     

    There are two reasons you might want to claim your loss by amending your 2023 return instead of claiming it on your 2024 return.  A) to get a refund faster, or B) if your income is affected by the disaster in a way that would limit the deductibility of the loss.

     

    As for reason A, it is so close to the regular filing season, that you will get any possible refund faster if you claim the loss on your 2024 return. Amended returns are taking more than 5 months to process and the IRS prioritizes current year returns.  As for reason B, only you can determine that by testing both scenarios.

     

    To amend a 2023 return, use these instructions.

    https://ttlc.intuit.com/turbotax-support/en-us/help-article/amend-tax-return/amend-2023-federal-state-tax-returns-correct/L80cbBJOI_US_en_US

    douglasx1Author
    December 20, 2024

    What about H.R. 5863 that is now law? It’s the Federal Disaster Relief Act. I have losses from Hurricane Ian that occurred in 2022.  H.R. 5863 Washington signed into law this month.

    Employee
    December 20, 2024

    @douglasx1 wrote:

    What about H.R. 5863 that is now law? It’s the Federal Disaster Relief Act. I have losses from Hurricane Ian that occurred in 2022.  H.R. 5863 Washington signed into law this month.


    That law doesn't change anything retroactive to 2022.  The law in effect in 2022 was that you could report a disaster loss on your 2022 return, or you could have amended your 2021 return if that would have been faster.   So if you did not, you can go back and amend.  

    The IRS tax notices for various disasters are here.

    https://www.irs.gov/newsroom/tax-relief-in-disaster-situations