ptax255
Level 7

Hi, client paid a contractor $100K+ for primary residence capital improvements. The contractor is bankrupt and this money is deemed lost. Would this be a capital loss as non-business bad debt. Or would it add to the house basis?

 

0 Cheers

Have you read the Internal Revenue Code?

sjrcpa
Level 15

I don't see basis here if no improvements were actually built.


The more I know the more I don’t know.
IRonMaN
Level 15

"Have you read the Internal Revenue Code?"

I've never read the whole book, but I have read parts.  I was hoping to be like George Costanza and watch the movie instead of reading the whole thing 😬


Slava Ukraini!
BobKamman
Level 15

I had a client many years ago who (on a return I didn't prepare) claimed the same thing as a bad debt.  He was audited, and it wasn't challenged.  So I avoid questions on the same topic.  Same thing for adjustment to basis, that's a good question.  At least we don't have to worry about casualty loss (theft of services), do we?  

0 Cheers
ptax255
Level 7

Theft losses would  be if the intent was for profit and that wasn't the case. 

When you say "it wasn't challenged" do you mean the IRS was ok with claiming it as bad debt capital loss?

Thank you!

BobKamman
Level 15

Is a home never an investment for profit?  "I just live there to make sure no one breaks in."  But I agree, casualty loss probably doesn't work.  Yes, IRS had no problem accepting it as a nonbusiness bad debt.  

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