A basement remodel gone awry - deducting a theft or property loss

May 21, 2014 by Dave Du Val, EA
Handcuffs laying on a 1040 form

Hey Dave,

We took out a home equity loan to redo our basement. The contractor did not perform the work as agreed and what was performed had to be torn out. We were actually left with a less functional basement than we had before the project was started. Does the money paid to this contractor qualify as something that would be deductible?

Aaron

 

Hi Aaron,

Uninsured losses of property due to a theft are generally tax deductible. In the case of personal use property, such as your home, a theft loss deduction is a personal itemized deduction claimed on Schedule A. Theft losses are deductible only to the extent that they exceed 10% of your adjusted gross income (AGI), and the first $100 of a loss is not deductible.

For tax purposes, theft includes far more than a robbery or burglary. It includes any criminal appropriation of someone else’s property by theft, swindling, false pretenses, and any other form of guile. You can be entitled to a deductible theft loss if you can prove that a building contractor deliberately lied and/or deceived you to take your money.

On the other hand, you would not have a theft loss when a contractor does perform the promised work, but you don't happen to like the quality of the work. Poor workmanship is not considered to be fraud and therefore it does not result in a theft loss. At most, it would be considered negligence and/or breach of contract.

There may be other avenues open to you in your attempt to collect monies you paid to the contractor or the damages. You may want to contact the company the contractor works for (if possible), or the state board that handles contractor disputes and the bonds that have to be posted; or you could sue in small claims court, or hire an attorney or a collection agency.

Deductibly yours,

Dave

Recent Articles

irs agent examining a tax return
Besides official IRS examinations, the IRS also conducts other types of tax reviews that are not classified as official audits, and these are far more common.
Tax Credits
Non-refundable credits can reduce your tax liability to zero. Refundable credits can give you money back if the amount of the credit is more than you owe.
four people making a business deal
When it comes to the deductibility of business expenses the answer is likely to be “Yes, No, Maybe So, or Not Now.” Here are a few examples to consider.
401k nest egg
401k loans aren't reported on your federal tax return unless you default on them. Then it becomes a distribution and subject to the rules of early withdrawal.

SEARCH

 

David E. Du Val, EA
Chief Compliance Officer for TRI Holdco

 

Dave Du Val, EA, is Chief Compliance Officer for TRI Holdco. Inc., the parent company of TaxAudit, and Centenal Tax Group. A nationally recognized speaker and educator, Dave is well known for his high energy and dynamic presentation style. He is a frequent and popular guest speaker for the California Society of Tax Consultants, the California Society of Enrolled Agents and the National Association of Tax Professionals. Dave frequently contributes tax tips and information to news publications, including US News and World Report, USA Today, and CPA Practice Advisor. Dave is an Enrolled Agent who has prepared thousands of returns during his career and has trained and mentored hundreds of tax professionals. He is a member of the National Association of Tax Professionals, the National Association of Enrolled Agents and the California Society of Enrolled Agents. Dave also holds a Master of Arts in Education and has been educating people since 1972. 


 

Recent Articles

irs agent examining a tax return
Besides official IRS examinations, the IRS also conducts other types of tax reviews that are not classified as official audits, and these are far more common.
Tax Credits
Non-refundable credits can reduce your tax liability to zero. Refundable credits can give you money back if the amount of the credit is more than you owe.
four people making a business deal
When it comes to the deductibility of business expenses the answer is likely to be “Yes, No, Maybe So, or Not Now.” Here are a few examples to consider.
401k nest egg
401k loans aren't reported on your federal tax return unless you default on them. Then it becomes a distribution and subject to the rules of early withdrawal.
This blog does not provide legal, financial, accounting, or tax advice. The content on this blog is “as is” and carries no warranties. TaxAudit does not warrant or guarantee the accuracy, reliability, and completeness of the content of this blog. Content may become out of date as tax laws change. TaxAudit may, but has no obligation to monitor or respond to comments.