Loss on Business Loan

[thetaxdoctor1]

A client loaned 21,500 to a person who setup a bar with it and the bar ended up closing and he was never paid back. He got a letter from the partener saying that the loss on the loan is acknowledged.

How is this entered in ProSeries? It would be considered a passive loss if the client was not involved in the business and just lent money to open it.

[Just-Lisa-Now-]

Are they going to take this person to court to recoup their money?

[thetaxdoctor1]

No, we are taking it is a loss on their tax return. I am able to take the whole loss and put it on a 4797 for him for now but I wanted to check if there were other alternatives

[sjrcpa]

Is your client in the business of making loans?

Assuming no, a nonbusiness bad debt is a short term capital loss.

[thetaxdoctor1]

no and I saw the nonbusiness bad loan part in proseries, but if we insert it in that section, he only gets a 3k capital loss, it is limited. Would the rest carry forward?

[thetaxdoctor1]

the loan was made in 2018 and i have a letter from the business partner indicating it won't be paid off and I can take the loss now. The letter is date Dec 2022

[BobKamman]

First sentence, he's a lender.  Second sentence, he's a partner.  Was there a written agreement setting forth the exact relationship?  And by the way, how are they related?  Sounds like a brother-in-law deal to me.   

[sjrcpa]

I missed the partner part.

[thetaxdoctor1]

My taxpayer lended the money to his business partner to open a bar

[BobKamman]

As I was saying, was there a written agreement?

[sjrcpa]

What does "his business partner" mean?

If nonbusiness bad debt is the correct answer, then yes the unused loss carried forward.

[qbteachmt]

"My taxpayer lended the money to his business partner to open a bar"

It's either:

My taxpayer lent money to his partnership, and the intent was to open and operate a bar. Now the partnership can't pay him back. In this example, he is part of the partnership (on the paperwork legally, and got a K-1 from the partnership's operations each year).

Or,

My taxpayer lent money to a person, and that person no longer has the ability to pay it back. In this example, he is only a lender and is not also a partner in the legal entity that owns/operates the bar.

You keep stating it incorrectly. Find out which way it is, in reality.

And it matters if any of this was paid previously or was no payment ever made?