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Can earnest money lost when trying to purchase a home be deducted?

Desktop · Written guide Content date 1 min read

If a taxpayer lost earnest money due to a failed personal home purchase, this loss cannot be claimed on the return.

If a taxpayer lost earnest money due to a failed business purchase of a rental home, the loss would be considered a capital loss can be deducted on the Schedule D.

To enter the loss due to a failed business purchase of a rental home, from the main menu of the 1040 select: 

  • Income
  • Capital Gain/Loss (Sch D )
  • New
    • Enter description
    • Date Acquired - enter the date the money was placed in escrow.
    • Date Sold - select the Alternate Option and choose "Worthless Short Term" if the money was in escrow for less than 1 year or choose "Worthless Long Term" if the money was in escrow for 1 year or more.
    • Cost would be the amount of earnest money put down on the property.
    • The sales price would be $0.

Additional Information: 

Schedule D instructions