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Cryptocurrency fraud victim- tax

I lost 40k last year due to a Ponzi scheme called btc-coin.uk.

How can I claim that loss- is it possible to claiam it as capital loss?

Thanks!

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1 Reply
kfenwick
Expert Alumni

Cryptocurrency fraud victim- tax

Ponzi losses are not supported by Turbotax.

 

Here is the language on IRS Revenue Ruling 2009-09. A bit hard to read but I think states the recoveries are first untaxed up to the undeducted portion (underlined). Amount beyond this is taxed following tax benefit rule.

 

A may deduct the theft loss in Year 8, the year the theft loss is discovered, provided that the loss is not covered by a claim for reimbursement or other recovery as to which A has a reasonable prospect of recovery. To the extent that A’s deduction is reduced by such a claim, recoveries on the claim in a later taxable year are not includible in A’s gross income. If A recovers a greater amount in a later year, or an amount that initially was not covered by a claim as to which there was a reasonable prospect of recovery, the recovery is includible in A’s gross income in the later year under the tax benefit rule, to the extent the earlier deduction reduced A's income tax. See § 111; § 1.165-1(d)(2)(iii). Finally, if A recovers less than the amount that was covered by a claim as to which there was a reasonable prospect of recovery that reduced the deduction for theft in Year 8, an additional deduction is allowed in the year the amount of recovery is ascertained with reasonable certainty.

The IRS provides two items of guidance to help taxpayers who are victims of losses from Ponzi-type investment schemes.

  • Revenue Ruling 2009-9 provides guidance on determining the amount and timing of losses from these schemes, which is difficult and dependent on the prospect of recovering the lost money (which may not become known for several years).

  • Revenue Procedure 2009-20 simplifies compliance for taxpayers by providing a safe-harbor means of determining the year in which the loss is deemed to occur and a simplified means of computing the amount of the loss.  
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