Casualty losses of individuals shall be computed and allowed in accordance with the provisions of the Internal Revenue Code, rules, regulations and revenue procedures relating to casualty and theft losses and disaster losses not in direct conflict with the provisions of the Mississippi Income Tax Law.
The State Tax Commission shall apply a special rule with respect to any loss attributable to a disaster occurring in an area subsequently determined by the President of the United States to warrant assistance by the federal government under the Disaster Relief Act of 1974. In lieu of the net operating loss carryover provision, a "net casualty loss" deduction may result when itemized deductions, including the original casualty loss, exceed gross income. The "net casualty loss" shall be computed with the following modifications:
No other net casualty loss deduction shall be allowed.
No net operating loss deduction shall be allowed.
No deduction for personal and additional exemptions shall be allowed.
Allowable deductions which are not attributable to a taxpayer's trade or business shall be allowed only to the extent of the amount of the gross income not derived from such trade or business.
The "net casualty loss" is allowed as a deduction from gross income and may be carried back to each of the three (3) years preceding the tax year in which the original casualty loss is claimed or as otherwise provided under the Internal Revenue Code. If the net casualty loss deduction is not exhausted within the three (3) preceding years or as otherwise provided under the Internal Revenue Code, any net casualty loss remaining shall be carried over to each of the seven (7) years following the tax year in which the original casualty loss is claimed. In determining the amount of any net casualty loss carryback or carryover to any tax year, the necessary computations involving any other tax year shall be made under the law applicable to such other tax year.
Structure Mississippi Code
Title 27 - Taxation and Finance
Chapter 7 - Income Tax and Withholding
§ 27-7-9. Gain or loss on disposition of property
§ 27-7-15. Gross income defined
§ 27-7-19. Items not deductible
§ 27-7-20. Casualty losses of individuals
§ 27-7-22. Tax credits for qualified businesses
§ 27-7-22.11. Tax credit under Venture Capital Act of 1994
§ 27-7-22.15. Income tax credit for approved reforestation practices
§ 27-7-22.28. Job tax credit for certain producers of alternative energy definitions
§ 27-7-22.32. Income tax credit for certain qualified adoption expenses
§ 27-7-22.32. Income tax credit for certain qualified adoption expenses
§ 27-7-23. Net income of nonresident and foreign taxpayers
§ 27-7-41. Time and place for filing returns
§ 27-7-43. Returns for period less than twelve months
§ 27-7-47. Free online income tax preparation and filing services for certain taxpayers
§ 27-7-50. Extension of time to file return
§ 27-7-53. Delinquent taxes; failure to file return
§ 27-7-55. Collection of tax; enrolling judgment
§ 27-7-57. Warrant for collection of tax
§ 27-7-59. Jeopardy assessment and warrant
§ 27-7-61. Execution by sheriff or special agent; fees; disposition of property
§ 27-7-63. Commissioner may bid at sales
§ 27-7-67. Sheriff and special agent not personally liable
§ 27-7-69. Tax upon settlement of fiduciary's account
§ 27-7-81. Regulatory authority
§ 27-7-85. Community property not recognized
§ 27-7-89. Contribution to Mississippi Educational Trust Fund from state income tax refund
§ 27-7-91. Designation of contributions to Mississippi Wildlife Heritage Fund on income tax returns
§ 27-7-94. Contribution to Mississippi Military Family Relief Fund from state income tax refund
§ 27-7-97. Capital loss carrybacks and carryovers
§ 27-7-99. "Capital asset" defined
§ 27-7-101. Other definitions relating to capital gains and losses
§ 27-7-103. Applicability of provisions of Internal Revenue Code relating to capital losses