SusanY1
Expert Alumni

Deductions & credits

No, you can't claim this as a capital loss (or any other kind of loss) on your tax return.  Since the funds were placed in the FSA account pre-tax, you are merely reporting them as forfeited since they were not used for a qualifying purpose.  I realize that you lose access to them under the use-or-lose rules, but that is not deductible in anyway - it is the way that the system is designed.  

A capital loss refers to a loss on an investment, FSAs are not investments or assets. 
 

@wizardtax 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"