How would you show a Ponzi loss of lets say $3900 on a 1040
form on any line other than line 40? I have seen info about using Proc.
2009-20, form 4684, and schedule A, however, the final step seems to lead to
transferring an amount to line 40 of 1040 form. The standard deduction of $5950
for single filers is more than the Pozni loss so naturally it would be used
instead of the Ponzi loss therefore not allowing you to show the loss. Any
ideas?
Answer :
1 : Correct;UNLESS you itemize your deductions on Sch A of
1040, you can’t deduct the loss on your return.
2 : There are many ways to recover valuable income tax
refunds from losses from financial crimes that are either not actual ponzi
schemes or that are Ponzi Schemes that do not fit the standards of the safe
harbor. However,the tax law permits tax deductions for losses from financial
fraud under the theft loss deduction category on form 4684 and Sch A of 1040.
The IRS issued two guidance items to assist taxpayers who are victims of losses
from Ponzi-type investment schemes. The first item is a revenue ruling that
clarifies the income tax law governing the treatment of losses in such schemes.
The second is a revenue procedure that provides a safe-harbor method of
computing and reporting the losses.The IRS will let you go back 5 years versus
the normal 3 year limitation to claim the losses. In addition, rather than use
the limitations used with normal theft and casualty loss claims, the IRS has
implemented a simpler method which enables individuals and companies to claim a
greater deduction. QUOTE,” The IRS issued two guidance items to assist
taxpayers who are victims of losses from Ponzi-type investment schemes. The
first item is a revenue ruling that clarifies the income tax law governing the
treatment of losses in such schemes. The second is a revenue procedure that
provides a safe-harbor method of computing and reporting the losses.The IRS
will let you go back 5 years versus the normal 3 year limitation to claim the
losses. In addition, rather than use the limitations used with normal theft and
casualty loss claims, the IRS has implemented a simpler method which enables
individuals and companies to claim a greater deduction.The percentage of the
qualified investment which can be claimed is ;95% of for investors with no
potential third-party recovery and 75% for investors with potential third-party
recovery.
The method of computing and reporting the losses follows:On
Appendix A of IRS Rev Procedure 2009-20 enter the loss information. Part II
line 5 enter loss, multiple by 95% of the qualified investment (i.e., $30,000 x
.95 = $28,500) and enter on line 6.On line 9 enter any money received or
recovered from the Ponzi scheme (i.e., $28,500 – $3,000 = $25,500), subtract
line 9 from line 6 and enter the amount on line 10.Take the amount from line 10
and enter the amount on line 34 of form 4684 Section B. You may want to enter
the Name of the Ponzi..Read more…
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