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Is a forfeited condo downpayment treated as a capital loss

 

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Subject Author Date
Is a forfeited condo downpayment treated as a capital loss DVG1129 06-08-2007
Posted by DVG1129 on June 8, 2007, 1:22 pm
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I put a 10% downpayment on a condo (pre-construction) I was
purchasing for speculation purposes in Florida. When the
construction of the condo was completed, prices of the
similar units in the complex (still to be built) were down
about $90k, so i decided not to close and they kept my
downpayment. My question is related to capital losses.
Would i be able to deduct this as a capital loss for tax
purposes? I am assuming it will be a long term loss,
because the date i made the downpayment and the day the
money was foreited by not closing were a little over a year
apart. Can anyone clarify this for me?

Thanks,
Dave

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Posted by Arthur Kamlet on June 12, 2007, 1:06 am
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> I put a 10% downpayment on a condo (pre-construction) I was
> purchasing for speculation purposes in Florida. When the
> construction of the condo was completed, prices of the
> similar units in the complex (still to be built) were down
> about $90k, so i decided not to close and they kept my
> downpayment. My question is related to capital losses.
> Would i be able to deduct this as a capital loss for tax
> purposes? I am assuming it will be a long term loss,
> because the date i made the downpayment and the day the
> money was foreited by not closing were a little over a year
> apart. Can anyone clarify this for me?

True, provided this was not for your own personal use.

So if the IRS should come back and say: Prove this was only
for investment purposes and not for your personal use, how
do you prove that?

--

ArtKamlet at a o l dot c o m Columbus OH K2PZH

<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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