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Level 3
February 12, 2025
Question

Employer filed for bankruptcy, never paid my client

  • February 12, 2025
  • 1 reply
  • 9 views

Employer filed for bankruptcy, never paid the 25,000 he owed my client!
how to enter this loss in a 1040 return... thank you!

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    1 reply

    PhoebeRoberts
    Intuit Community Champion
    February 12, 2025

    No deduction for income you never paid tax on in the first place. 

    GS1Author
    Level 3
    February 12, 2025

    Hi PhoebeRoberts,

    Wouldn't that be entered a Net Operating loss that started in 2024Or,
     in Schedule C under return and allowances?

    Level 5
    February 12, 2025

    If your client is a cash basis taxpayer and was owed wages that were never paid, he has no basis in that loss and receives no deduction, since the measure of the loss is the lower of fmv or basis. The only consolation for the taxpayer is that the W-2 he receives should not include those unpaid wages, so he doesn't pay tax on them, but also doesn't receive the cash.

     

    If your client was paid the wages, but made a loan to the employer of the net pay so the employer recorded a loan payable to your client and not simply accrued wages payable, then the facts are different and there would be a different answer. Can you tell whether the 2024 W-2 includes the wages?