Default on personal loan...where to deduct?

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  • AZ-Tax
    Senior Member
    • Feb 2008
    • 2604

    #1

    Default on personal loan...where to deduct?

    Taxpayer made a personal loan and in writing stated the borrower defaulted not collecting a penny.

    Where to report this loss and if on Sch A, is it subject to 2% rule?
  • Gene V
    Senior Member
    • Jun 2005
    • 1057

    #2
    Originally posted by AZ-Tax
    Taxpayer made a personal loan and in writing stated the borrower defaulted not collecting a penny.

    Where to report this loss and if on Sch A, is it subject to 2% rule?
    Nonbusiness bad debt is deducted as a short-term capital loss on Schedule D.
    See TTB 8-5/6

    Comment

    • AZ-Tax
      Senior Member
      • Feb 2008
      • 2604

      #3
      Thank you Gene

      Here I was combing thru tab 4 itemized deductions for some reason I thought it would be reported there.

      Thanks again

      Comment

      • JenMO
        Senior Member
        • Apr 2007
        • 974

        #4
        Do you need to have records that you tried to collect? Or if they just havent' paid for years, is that proof enough?

        Comment

        • jimmcg
          Senior Member
          • Aug 2005
          • 633

          #5
          In order to prove the validity of the loan you need proper documentation such as signed loan agreement with stated payment and interest terms. In order to prove the worthlessness of the loan you need to have documentation of collection attempts such as collection letters, attorney collection attempts, small claim court attempts, etc. Without documentation you are "just winging it."

          Comment

          • sea-tax
            Senior Member
            • Apr 2006
            • 971

            #6
            From personal audit experience from a client of my firms if you don't have what Jim is talking about you will loose and get nothing.

            Comment

            • Davc
              Senior Member
              • Dec 2006
              • 1088

              #7
              Also, if this was to a related party, you need to show that it was a real loan with expectation of repayment. If there were never a payments made and it's a related party issue you're probably SOL.

              Comment

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