IRS Material: Theft (business property)

Theft

A theft is the unlawful taking and removing of money or property with the intent to deprive the owner of it. It includes, but it is not limited to, larceny, robbery, and embezzlement.

If money or property is taken as the result of extortion, kidnapping, threats, blackmail, it can also be a theft. In these instances, you need only show that the taking of your property was illegal under the law of the state where it occurred and that it was done with criminal intent.

Mislaid or lost property. The mere disappearance of money or property is not a theft. However, an accidental loss or disappearance of property can qualify as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual.

Example. A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. The diamond falls from the ring and is never found. The loss of the diamond is a casualty.

 

Theft

A theft is the taking and removing of money or property with the intent to deprive the owner of it. The taking of your property must be illegal under the law of the state where it occurred and it must have been done with criminal intent.

Theft includes the taking of money or property by:

òBlackmail, òBurglary, òEmbezzlement, òExtortion, òKidnapping for ransom, òLarceny, òRobbery, and òThreats.

Mislaid or lost property. The simple disappearance of money or property is not a theft. However, an accidental loss or disappearance of property can qualify as a casualty if it results from an identifiable event that is sudden, unexpected, or unusual.

Example. A car door is accidentally slammed on your hand, breaking the setting of your diamond ring. The diamond falls from the ring and is never found. The loss of the diamond is a casualty.