Capital Gains offset by loss on assigned debt

Capital Gains offset by loss on assigned debt

Member since 2024 · 17 posts · 4 votes

Hello fellow posters. I have an unplanned capital gain over several decades due to a property interest I inherited. I also have the opportunity to be assigned a debt owed to a professional services company. It is likely the debt may not be collectable as the deadbeat clients are keeping everything on an under the table cash basis. Rather than take a complete loss on the uncollectable debt, can I take the assigned debt, make collection efforts and upon failure to collect declare the loss to offset the capital gains? I believe in practice it does not actually offset the capital gains but reduces my taxable income dollar for dollar with the loss, as long as my Modified Adjusted Gross Income (MAGI) is under $150K. Tis dollar for dollar reduction should equate to getting me down to the same amount as if I did not have the capital gains. 

Can someone who has seen this before please confirm if the above is correct and am I missing anything or need to consider anything else. 

Thank you for your help. 

1Reply
22 views

Most Popular Reply

Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
2y

@Marcus Welson

Talk to your cpa but I am 99% sure you cannot write off that debt - as even though it’s assigned to you - you did not pay for it

For example I cannot buy a $500,000 mortgage that was lost to a tax lien for $10 and then write off $499,990 otherwise I know a lot of people who wouldn’t pay any taxes

I could write off the $10 which is what I paid for it

7e investments53 Reviews
See this reply in the discussion

6 Replies

Jump to latestLatest
  • Member since 2018 · 1k+ posts · 1k+ votes
    2y

    Why are you asking us instead of your CPA?

  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    2y

    @Marcus Welson

    Talk to your cpa but I am 99% sure you cannot write off that debt - as even though it’s assigned to you - you did not pay for it

    For example I cannot buy a $500,000 mortgage that was lost to a tax lien for $10 and then write off $499,990 otherwise I know a lot of people who wouldn’t pay any taxes

    I could write off the $10 which is what I paid for it

    7e investments53 Reviews
  • Accountant · San Diego, CA · Member since 2019 · 1k+ posts · 552 votes
    2y
    Quote from @Chris Seveney:

    @Marcus Welson

    Talk to your cpa but I am 99% sure you cannot write off that debt - as even though it’s assigned to you - you did not pay for it

    For example I cannot buy a $500,000 mortgage that was lost to a tax lien for $10 and then write off $499,990 otherwise I know a lot of people who wouldn’t pay any taxes

    I could write off the $10 which is what I paid for it


     That is correct Chris. It all comes back to basis in the "asset". If he paid for that debt like a lot of unperforming note investors do, that would be the basis in the debt. He could then write off that basis if the investment went to zero 

  • Ashish AcharyaBusiness Member
    CPA, CFP®, PFS · FL · Member since 2017 · 5k+ posts · 3k+ votes
    2y

    Yes, you can potentially use a bad debt deduction to offset your taxable income, which can indirectly reduce the impact of capital gains. If you take on the assigned debt and make a genuine effort to collect it, but it remains uncollectable, you may be able to claim a loss. This loss could reduce your taxable income on a dollar-for-dollar basis, especially if your Modified Adjusted Gross Income (MAGI) is under $150K.

    However, the debt must be bona fide and a real, enforceable obligation. The loss is typically treated as a short-term capital loss, which can directly offset short-term capital gains, and up to $3,000 of any excess loss can offset other income.

    Consult a tax professional to ensure you're handling this correctly and maximizing your potential tax benefits.

    However, if you lose the money you pay to buy the debt, the deduction from the loss doesn't equate to tax savings dollar for dollar.  Saving tax money by losing money disproportionally is not a good strategy.

    INVESTOR FRIENDLY CPA®5241 Reviews
    TaxMD™ | AI-Powered Tax Planning
  • Michael PlaksPro Member
    Tax Accountant / Enrolled Agent · Houston, TX · Member since 2014 · 5k+ posts · 6k+ votes
    2y

    @Marcus Welson

    Whatever happens, you cannot claim a loss higher than what you actually paid for the assigned debt, as @Chris Seveney said. 

    Also, before you try to find some exotic ways to beat your capital gains, make sure you do have those gains. Your mention of inheritance makes me wonder whether your expected gains are as high as you think they are. 

    And if they are, and you have not sold your property interest, explore common strategies like 1031 exchanges.

  • Ned CareyPro Member
    Moderator
    Investor · Baltimore, MD · Member since 2008 · 17k+ posts · 13k+ votes
    2y

    @Marcus Welson I am not a CPA nor accountant but i think it is pretty clear as already said you can't deduct a loss of more than you Basis (cost) to acquire the asset. 

    What I don't think anyone has addresed is, that you get a stepped up basis when you inherit a property If you inherited it recently you should have an insignificant gain. If you inherited it several decades ago then perhaps look at other tax saving strategies like a 1031 exchange. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.