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

Online · 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 is considered a capital loss and can be deducted on Schedule D.

To enter the loss due to a failed business purchase of a rental home, from the Federal Section of the individual tax return (Form 1040) select:

  • Income
  • Schedule D/Form 8949 - Capital gains and losses reported on Schedule D
  • Stocks, Mutual Funds, Cryptocurrency, Collectibles, etc.
    • For "Date Acquired", enter the date the money was placed in escrow.
    • For "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.
    • The cost is the amount of earnest money the taxpayer put down on the property.
    • The sales price is $0.
    • The cost basis type is "Form 1099-B Not Received".

Additional Information:

Schedule D instructions