DavidD66
Expert Alumni

Deductions & credits

Prior to 2018, losses due to theft could be deducted as an itemized deduction, but the Tax Cuts and Jobs Act limited the theft loss deduction to losses attributable to a federally declared disaster until 2025.  

 

There is a special exception for victims of Ponzi-type investment schemes.  According to IRS Revenue Ruling 2009-9,  if money put into an investment account with the expectation of profit is found to be fraudulent, any loss is considered a business theft loss and not a personal theft loss. Therefore, the personal theft loss limitation stated above does not apply.  If you determine you qualify under Ruling 2009-9, you can take your loss as an itemized deduction.  If your deductions aren't enough to itemize, you won't be able to deduct the loss.

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