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posted Jan 24, 2021 7:31:30 AM

When the first buyer of my house defaulted, he agreed to forfeit $5,000 to compensate me for additional rental expenses I incurred due to his default. Is this taxable?

If yes, are any legal fees incurred to reach this settlement deductible?

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1 Replies
Level 15
Jan 24, 2021 7:38:02 AM

 A seller who retains both the earnest money deposit and the property must treat the forfeited deposit as ordinary income.

 

With regard to attorney fees, see this:  

https://turbotax.intuit.com/tax-tips/tax-deductions-and-credits/can-i-deduct-legal-fees-on-my-taxes/L98fUeOrM