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kellster
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We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

 
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We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?


@eindiener wrote:

thanks.

  For the sake of honesty, I want to be sure I may claim loss from a bad debt: I had a close friend (Stephanie) in crisis & living at extended-stay hotels. I was generous in helping her with rent, etc. mostly in 2018-2020. My last loan to her was $800 for her & her roommate's 1st month of rent in affordable housing in 2020. Then Stephanie died in March 2021. I understand I can take a deduction for a nonbusiness bad debt only "if the entire debt is uncollectable. I don't recall her repaying anything after moving into affordable housing. However, at least 3 times in 2019 she was able to give me cash to cover the majority of 3 weeks' rent. Those 3 cash reimbursements are not considered "repayment of debt", are they? I doubt I'm going to get repayment from the roommate she had in 2020. Since I made several payments for her/their rent, I'd like to consider this "a series of loans" rather than "1 cumulative loan"; is that ok?  (If Stephanie's 3 cash payments toward 3 weeks' rent in 2019 might be considered "repayments", should I  refrain from claiming those 3 weeks as bad debt?) Can I please get feedback  to verify if I may honestly claim this as bad debt? Also, I've already bought "TURBOTAX LIVE DELUXE TAX YEAR 2020";  can I use Deluxe to claim this? thanks



@eindiener wrote:

thanks.

  For the sake of honesty, I want to be sure I may claim loss from a bad debt: I had a close friend (Stephanie) in crisis & living at extended-stay hotels. I was generous in helping her with rent, etc. mostly in 2018-2020. My last loan to her was $800 for her & her roommate's 1st month of rent in affordable housing in 2020. Then Stephanie died in March 2021. I understand I can take a deduction for a nonbusiness bad debt only "if the entire debt is uncollectable. I don't recall her repaying anything after moving into affordable housing. However, at least 3 times in 2019 she was able to give me cash to cover the majority of 3 weeks' rent. Those 3 cash reimbursements are not considered "repayment of debt", are they? I doubt I'm going to get repayment from the roommate she had in 2020. Since I made several payments for her/their rent, I'd like to consider this "a series of loans" rather than "1 cumulative loan"; is that ok?  (If Stephanie's 3 cash payments toward 3 weeks' rent in 2019 might be considered "repayments", should I  refrain from claiming those 3 weeks as bad debt?) Can I please get feedback  to verify if I may honestly claim this as bad debt? Also, I've already bought "TURBOTAX LIVE DELUXE TAX YEAR 2020";  can I use Deluxe to claim this? thanks


Sorry, but personal bad debts were eliminated for tax years 2018-2025 by Congress    Only businesses can claim a bad debs to their business.

 

You also cannot issue a 1099-C since you are not in the business of giving credit - such as banks or credit card companies.   Personal bad debts can only be recorded by litigation - but unless you have a signed contract with the room-mate, you have no case.

 

This is a legal issue - ask an attorney.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

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7 Replies
maglib
Level 11

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

You would have had to report the write off as a 1099Misc to the person who you lent the money as it's taxable income to the recipient.  See below.  Note: the IRS will be very critical if monies were to any related parties.  https://turbotax.intuit.com/tax-tips/irs-tax-return/how-to-report-non-business-bad-debt-on-a-tax-ret... on how to report if personal loan written off.  Please read below.

Topic Number 453 - Bad Debt Deduction

If someone owes you money that you can't collect, you may have a bad debt. For a discussion of what constitutes a valid debt, refer to Publication 550Investment Income and Expenses, and Publication 535Business Expenses. Generally, to deduct a bad debt, you must have previously included the amount in your income or loaned out your cash. If you're a cash method taxpayer (most individuals are), you generally can't take a bad debt deduction for unpaid salaries, wages, rents, fees, interests, dividends, and similar items. For a bad debt, you must show that at the time of the transaction you intended to make a loan and not a gift. If you lend money to a relative or friend with the understanding the relative or friend may not repay it, you must consider it as a gift and not as a loan, and you may not deduct it as a bad debt.

There are two kinds of bad debts – business and nonbusiness.

Business Bad Debts - Generally, a business bad debt is a loss from the worthlessness of a debt that was either created or acquired in a trade or business or closely related to your trade or business when it became partly to totally worthless. A debt is closely related to your trade or business if your primary motive for incurring the debt is business related. You can deduct it on Form 1040, Schedule C.pdfProfit or Loss from Business (Sole Proprietorship), or on your applicable business income tax return.

The following are examples of business bad debts (if previously included in income):

  • Loans to clients and suppliers
  • Credit sales to customers, or
  • Business loan guarantees

 

A business deducts its bad debts, in full or in part, from gross income when figuring its taxable income. For more information on methods of claiming business bad debts, refer to Publication 535Business Expenses.

Nonbusiness Bad Debts - All other bad debts are nonbusiness. Nonbusiness bad debts must be totally worthless to be deductible. You can't deduct a partially worthless nonbusiness bad debt.

A debt becomes worthless when the surrounding facts and circumstances indicate there's no reasonable expectation that the debt will be repaid. To show that a debt is worthless, you must establish that you've taken reasonable steps to collect the debt. It's not necessary to go to court if you can show that a judgment from the court would be uncollectible. You may take the deduction only in the year the debt becomes worthless. You don't have to wait until a debt is due to determine that it's worthless.

Report a nonbusiness bad debt as a short-term capital loss on Form 8949.pdfSales and Other Dispositions of Capital Assets, Part 1, line 1. Enter the name of the debtor and "bad debt statement attached" in column (a). Enter your basis in the bad debt in column (e) and enter zero in column (d). Use a separate line for each bad debt. It's subject to the capital loss limitations. A nonbusiness bad debt deduction requires a separate detailed statement attached to your return. The statement must contain: a description of the debt, including the amount and the date it became due; the name of the debtor, and any business or family relationship between you and the debtor; the efforts you made to collect the debt; and why you decided the debt was worthless.

Additional Information

For more information on nonbusiness bad debts, refer to Publication 550Investment Income and Expenses. For more information on business bad debts, refer to Publication 535Business Expenses.

**I don't work for TT. Just trying to help. All the best.
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I am NOT an expert and you should confirm with a tax expert.

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

I am a realtor and I made a business loan to another realtor and he defaulted on the loan. I found out after I took him to court that he filed for bankruptcy a year prior to me taking him to court.

What are the steps for claiming to this loss? I have spent $6,000.00 in attorney fees and no payments from the defaulted realtor. What forms do I use to claim this loss?

My companion and I own a two member LLC. We own one rental property within this two member LLC.

 

Do I need to send anything to this defaulted realtor? The publication 550 is not very clear on the process.
I would appreciate any help and/or guidance.


It would helpful if a publication number, section and/or page could be cited so I could read and understand what I am are required to do.

Thanks

 

 

 

 

 

maglib
Level 11

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

You would want to read this. just a note you claimed it was a personal loan so it must be completely worthless. You would do thos within the investment section of turboax. 
https://www.irs.gov/taxtopics/tc453


and yes in the year you have written loan off you must send a letter to the debtor as wrote off of the loan is income to the borrower which would be reportable.  You must send a 1099-C to borrower. 

 

**I don't work for TT. Just trying to help. All the best.
***Say "Thanks" by marking as BEST ANSWER and clicking the thumb icon in a post and that I solved your question
**Mark the post that answers your question by clicking on "Mark as Best Answer"
I am NOT an expert and you should confirm with a tax expert.

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

@maglib:


Note that @FMitchell70 is not the OP.  They said theirs was a business loan, not personal.

 

Are you sure the fact that the former debtor was granted bankruptcy protection doesn't alter the usual requirement that they send them a 1099? The legal obligation to repay the loan would generally have ended as part of the bankruptcy, right? So I'd think it would have been at that point that the income would have been realized (though I'd expect no tax would be due on such income as part of a bankruptcy). I'd think the "writing off" by @FMitchell70 now would be a more unilateral affair — a recognition that the debt had already been extinguished (by the bankruptcy court) and a formal abandonment of any hope that the former debtor might still honor the debt voluntarily.

 

Granted, I'm neither a lawyer nor a tax pro, but that's what my lay understanding of the law and reasoning tell me.

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

thanks.

  For the sake of honesty, I want to be sure I may claim loss from a bad debt: I had a close friend (Stephanie) in crisis & living at extended-stay hotels. I was generous in helping her with rent, etc. mostly in 2018-2020. My last loan to her was $800 for her & her roommate's 1st month of rent in affordable housing in 2020. Then Stephanie died in March 2021. I understand I can take a deduction for a nonbusiness bad debt only "if the entire debt is uncollectable. I don't recall her repaying anything after moving into affordable housing. However, at least 3 times in 2019 she was able to give me cash to cover the majority of 3 weeks' rent. Those 3 cash reimbursements are not considered "repayment of debt", are they? I doubt I'm going to get repayment from the roommate she had in 2020. Since I made several payments for her/their rent, I'd like to consider this "a series of loans" rather than "1 cumulative loan"; is that ok?  (If Stephanie's 3 cash payments toward 3 weeks' rent in 2019 might be considered "repayments", should I  refrain from claiming those 3 weeks as bad debt?) Can I please get feedback  to verify if I may honestly claim this as bad debt? Also, I've already bought "TURBOTAX LIVE DELUXE TAX YEAR 2020";  can I use Deluxe to claim this? thanks

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?

I guess the 1099C does not apply to Stephanie since she died in March.  Since she had a roommate in 2020, the $800 loan in 2020 ( for their 1st month rent in affordable housing) could be considered a $400 loan to Stephanie and $400 loan to her roommate, even though I only dealt with Stephanie.  If it looks like the roommate will not pay anything, do I need to send a 1099C to the roommate?  The roommate might not have a real job and might not file taxes anyway.

 

We made a personal loan to a business associate for $50,000 and he has defaulted. Can we claim the loss?


@eindiener wrote:

thanks.

  For the sake of honesty, I want to be sure I may claim loss from a bad debt: I had a close friend (Stephanie) in crisis & living at extended-stay hotels. I was generous in helping her with rent, etc. mostly in 2018-2020. My last loan to her was $800 for her & her roommate's 1st month of rent in affordable housing in 2020. Then Stephanie died in March 2021. I understand I can take a deduction for a nonbusiness bad debt only "if the entire debt is uncollectable. I don't recall her repaying anything after moving into affordable housing. However, at least 3 times in 2019 she was able to give me cash to cover the majority of 3 weeks' rent. Those 3 cash reimbursements are not considered "repayment of debt", are they? I doubt I'm going to get repayment from the roommate she had in 2020. Since I made several payments for her/their rent, I'd like to consider this "a series of loans" rather than "1 cumulative loan"; is that ok?  (If Stephanie's 3 cash payments toward 3 weeks' rent in 2019 might be considered "repayments", should I  refrain from claiming those 3 weeks as bad debt?) Can I please get feedback  to verify if I may honestly claim this as bad debt? Also, I've already bought "TURBOTAX LIVE DELUXE TAX YEAR 2020";  can I use Deluxe to claim this? thanks



@eindiener wrote:

thanks.

  For the sake of honesty, I want to be sure I may claim loss from a bad debt: I had a close friend (Stephanie) in crisis & living at extended-stay hotels. I was generous in helping her with rent, etc. mostly in 2018-2020. My last loan to her was $800 for her & her roommate's 1st month of rent in affordable housing in 2020. Then Stephanie died in March 2021. I understand I can take a deduction for a nonbusiness bad debt only "if the entire debt is uncollectable. I don't recall her repaying anything after moving into affordable housing. However, at least 3 times in 2019 she was able to give me cash to cover the majority of 3 weeks' rent. Those 3 cash reimbursements are not considered "repayment of debt", are they? I doubt I'm going to get repayment from the roommate she had in 2020. Since I made several payments for her/their rent, I'd like to consider this "a series of loans" rather than "1 cumulative loan"; is that ok?  (If Stephanie's 3 cash payments toward 3 weeks' rent in 2019 might be considered "repayments", should I  refrain from claiming those 3 weeks as bad debt?) Can I please get feedback  to verify if I may honestly claim this as bad debt? Also, I've already bought "TURBOTAX LIVE DELUXE TAX YEAR 2020";  can I use Deluxe to claim this? thanks


Sorry, but personal bad debts were eliminated for tax years 2018-2025 by Congress    Only businesses can claim a bad debs to their business.

 

You also cannot issue a 1099-C since you are not in the business of giving credit - such as banks or credit card companies.   Personal bad debts can only be recorded by litigation - but unless you have a signed contract with the room-mate, you have no case.

 

This is a legal issue - ask an attorney.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
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