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April 19, 2023
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What is the correct procedure to write off a Ponzi-Scheme investment lost in our personal income tax?

  • April 19, 2023
  • 2 replies
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My husband is a victim of the Ponzi-Scheme investment. He invested 500K in 2022 which created a huge tax burden on Federal and MA state income taxes. He could not get a penny out of his investment account to pay for the huge amount of tax a few weeks ago. That was the time he realized that it was a scam. The investment group/company is registered in UK but operated in Hong Kong.

 

Questions:
What is the correct procedure to write off a Ponzi-Scheme investment lost in our personal income tax?
Do we need to report the scam to any agencies before submitting Form 4684 to the IRS to claim the scam lost?

If we do, what are the correct agencies we need to report to? In Federal and MA state?

Please advise. Many Thanks!

Best answer by GeorgeM777

To provide at least some background information, a loss incurred in connection with a Ponzi scheme is an itemized deduction and thus, after being entered on Form 4684, it will appear on Schedule A, Itemized Deductions.  TurboTax does not support Form 4684, at least in the Step-by-Step section. Thus, assuming you feel confident that you can claim such a loss, you will need to go into Forms mode in TurboTax.  Forms mode is only supported if you are using TurboTax CD/download versions.  To go into Form mode, select Form in the upper right of your screen.  You will have to enter Form 4684 in the search bar and select the Casualty & Theft Worksheet.  Enter a description.  Click on Add Form.  

 

Then follow these steps:

 

  1. You will now see the Casualty & Theft Worksheet.  The description you previously entered will appear on Line 1.  
  2. On line 2, enter the date.   Then go to line 5(c) and check the box. 
  3. Go back to Open Forms (upper left of screen), enter 4684, and from the drop-down list, select Form 4684 p3: Casualty & Thefts.  
  4. You will now see Form 4684, p3, Section C.  Enter your information on lines 40 – 51.  
  5. On line 46, when you enter the appropriate percentage, TurboTax will calculate the amount of your deductible theft loss. 
  6. You will also need to complete Part II, of Section C, Form 4684. 

Lastly, we strongly encourage you to review IRS Rev. Rul. 2009-9, and Rev. Proc. 2009-20--as to the proper treatment of losses from certain investment arrangements later discovered to be fraudulent. The former addresses the tax treatment of losses from Ponzi schemes in the light of section 165 of the Internal Revenue Code. The latter provides an optional safe harbor under which qualified investors may treat a loss as a theft loss deduction when certain conditions are met.

 

@eel168 

2 replies

April 19, 2023

follow the 4684 instructions. Turbotax does not handle Ponzi scheme losses so your options are to do the form manually and paper file or find a tax pro.

 

file a police report

Reporting a Ponzi Scheme
The SEC and FBI provide resources for individuals who suspect Ponzi schemes to report the misconduct.

FEDERAL BUREAU OF INVESTIGATION (FBI)
The FBI provides an electronic tip form to individuals wishing to report federal law violations. Additionally, for internet-based crimes, the FBI offers another way to submit a tip. Because many Ponzi schemes begin and operate online, this might be the best place to report a Ponzi scheme.

SECURITIES AND EXCHANGE COMMISSION (SEC)
The SEC also provides defrauded investors an avenue to report suspected Ponzi schemes and other fraudulent activities. SEC Ponzi scheme tips can be submitted online directly through the SEC website.

Contact an Investment Loss Attorney Today
Losing your valuable and hard-earned money in a fraudulent Ponzi scheme is never easy. If this has happened to you,

April 19, 2023

To provide at least some background information, a loss incurred in connection with a Ponzi scheme is an itemized deduction and thus, after being entered on Form 4684, it will appear on Schedule A, Itemized Deductions.  TurboTax does not support Form 4684, at least in the Step-by-Step section. Thus, assuming you feel confident that you can claim such a loss, you will need to go into Forms mode in TurboTax.  Forms mode is only supported if you are using TurboTax CD/download versions.  To go into Form mode, select Form in the upper right of your screen.  You will have to enter Form 4684 in the search bar and select the Casualty & Theft Worksheet.  Enter a description.  Click on Add Form.  

 

Then follow these steps:

 

  1. You will now see the Casualty & Theft Worksheet.  The description you previously entered will appear on Line 1.  
  2. On line 2, enter the date.   Then go to line 5(c) and check the box. 
  3. Go back to Open Forms (upper left of screen), enter 4684, and from the drop-down list, select Form 4684 p3: Casualty & Thefts.  
  4. You will now see Form 4684, p3, Section C.  Enter your information on lines 40 – 51.  
  5. On line 46, when you enter the appropriate percentage, TurboTax will calculate the amount of your deductible theft loss. 
  6. You will also need to complete Part II, of Section C, Form 4684. 

Lastly, we strongly encourage you to review IRS Rev. Rul. 2009-9, and Rev. Proc. 2009-20--as to the proper treatment of losses from certain investment arrangements later discovered to be fraudulent. The former addresses the tax treatment of losses from Ponzi schemes in the light of section 165 of the Internal Revenue Code. The latter provides an optional safe harbor under which qualified investors may treat a loss as a theft loss deduction when certain conditions are met.

 

@eel168 

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eel168Author
August 30, 2023

Thank you for the step-by-step detail info.
How do we claim the Ponzi Investment Schemes losses in Massachusetts income tax in Turbo Tax software? Please advice. Thank you!

March 20, 2024

I guess you have to manually open form 4684 in Turbo tax and enter your investment loss in section C (Casualty & Theft Loss). Soon you done that, it will link carrying information over to your MA state tax.

Hope, this helps