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February 17, 2023
Question

Had a construction guy not finish a job due to his untimely death. But he had 37,000$ of mine and job not finished. can I deduct this?

  • February 17, 2023
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1 reply

February 17, 2023

Maybe.  But you must have taken all reasonable steps to collect the debt, and it must have become uncollectible in 2022, among other requirements.

According to Nonbusiness Bad Debts in the IRS' Topic No. 453 Bad Debt Deduction:

 

Nonbusiness bad debts must be totally worthless to be deductible. You can't deduct a partially worthless nonbusiness bad debt.

 

A debt becomes worthless when the surrounding facts and circumstances indicate there's no reasonable expectation that the debt will be repaid. To show that a debt is worthless, you must establish that you've taken reasonable steps to collect the debt. It's not necessary to go to court if you can show that a judgment from the court would be uncollectible. You may take the deduction only in the year the debt becomes worthless. You don't have to wait until a debt is due to determine that it's worthless.

 

To enter nonbusiness bad debt you may have had in TurboTax Online:

  1. If you don’t see 2022 TAXES in the left pane, scroll down and select the dropdown to the right of Deductions & Credits and select Let’s get startedPick up where you left off, or Review/Edit
    • Otherwise, in the left pane, select the dropdown to the right of Federal, then select Deductions & Credits 
  2. On the  Your tax breaks page, scroll down and select the Show more dropdown to the right of Other Deductions and Credits
  3. Select  Start to the right of Nonbusiness Bad Debt
  4. Answer appropriately on the Did a personal debt somebody owed you become uncollectible in 2022? page 
  5. Enter all relevant information on the subsequent screens