A taxpayer forfeited a deposit by not completing the purchase of an investment property. Can the forfeited deposit be deducted on a 1040 tax return on Sch A or Sch D? This taxpayer is not a homeowner in situation.
Information I found on this area:
1] Sec. 1234A requires taxpayers to treat gain or loss related to the cancellation, lapse, expiration, or other termination of a right or obligation (other than a securities futures contract as defined in Sec. 1234B) with respect to property as gain or loss from a sale of a capital asset if that property is (or would be) a capital asset in the hands of the taxpayer. Would the capital loss be treated as a short or long term loss on Sch D depending on the time the contract was signed and when it was forfeited?
2] Pub 530 (Tax Information for Homeowners) states the following about forfeited deposits:
Nondeductible payments. You can’t deduct any of the following items.
Information I found on this area:
1] Sec. 1234A requires taxpayers to treat gain or loss related to the cancellation, lapse, expiration, or other termination of a right or obligation (other than a securities futures contract as defined in Sec. 1234B) with respect to property as gain or loss from a sale of a capital asset if that property is (or would be) a capital asset in the hands of the taxpayer. Would the capital loss be treated as a short or long term loss on Sch D depending on the time the contract was signed and when it was forfeited?
2] Pub 530 (Tax Information for Homeowners) states the following about forfeited deposits:
Nondeductible payments. You can’t deduct any of the following items.
- Insurance, including fire and comprehensive coverage, and title insurance.
- Wages you pay for domestic help.
- Depreciation.
- The cost of utilities, such as gas, electricity, or water.
- Most settlement costs. See Settlement or closing costs under Cost as Basis, later, for more information.
- Forfeited deposits, down payments, or earnest money.
- Internet or wifi system or service.
- Homeowners association fees, condominium association fees, or common charges.
- Repairs to home.