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New Member
posted Feb 4, 2020 4:17:05 AM

We have a judgement for 10,000 against our last renter for property damage and loss of rent where do I add this?

0 3 375
3 Replies
Expert Alumni
Feb 4, 2020 5:56:23 AM

The part of the settlement that is for loss of rent is taxable.  Report this portion of the settlement as rental income for the rental property.

 

If the portion for property damage is less than your adjusted basis in the property, it is not taxable and does not need to be reported on your tax return. The part of the settlement for property damage that exceeds the adjusted basis of the damaged property, if any, is taxable as a capital gain.  Report it in the section at Federal>>Income & Expenses>>Other Business Situations>>Sale of Business Property.

 

Refer to IRS Publication 4345 at this link for a summary of the tax implications of a lawsuit settlement.

 

Refer to IRS Publication 525 at this link for the rules on taxable and nontaxable income.

Level 15
Feb 4, 2020 6:27:16 AM

and I think the response assumes you received the cash for the judgement, which isn't clear from the question.

Level 15
Feb 4, 2020 6:56:19 AM

Having a judgment and actually collecting on that judgment are two physically different things. You can have all the judgments you want. But until you are actually paid the cash, you have nothing to report on any tax return concerning this.