Blog

We keep you up to date on the latest tax changes and news in the industry.

Understanding Tax Deductions for Scam Losses

Navigating the intricate landscape of tax implications for scams and theft losses requires expertise, especially post-legislative changes that limit casualty and theft losses mainly to federally declared disasters. However, if you've been scammed, there exists a crucial tax opportunity that you might leverage for financial redress.

Image 2

Historically, tax law permitted deductions for theft losses not covered by insurance. Recent changes have curtailed this to disaster-related losses, but a vital exception remains under the Internal Revenue Code Section 165(c)(2). This provision allows for deductions of losses incurred during transactions pursued with a profit motive — offering a path for reclaiming some financial stability after fraudulent dealings.

Eligibility for Profit-Motivated Theft Losses: To qualify under this exception, several stringent standards must be satisfied:

  1. Profit Motive: Clear intent for economic gain is necessary. The IRS demands substantial documentation affirming the transaction intended to yield profit, supported by case law and IRS rulings.

  2. Types of Transactions: Traditional investment vehicles such as securities, real estate, or other income-generating means typically qualify. Social or personal engagements do not meet these criteria.

  3. Nature of Loss: Losses must directly relate to profit-seeking transactions, clearly demonstrable through financial records. Taxpayer investments in scams that meet these conditions may be deductible.

Applying IRS Guidance: Practical application of this deduction often involves consultative analysis of IRS memoranda, such as the recent IRS Chief Counsel Memorandum (CCM 202511015), which clarifies deductible loss scenarios.

  • Investment Scams: Classic cases where losses, though fraudulent, are deductible if initiated with a genuine profit expectation, substantiated by documentation like communication records, contracts, and proofs of payment.

  • Theft Losses: Must exhibit a profit-oriented structure, not personal transactions such as informal lending.

Negative Tax Implications: Being scammed out of IRA or tax-deferred pension funds has complex tax outcomes, largely depending on whether the account was of the traditional or Roth variety.

Image 3

With traditional IRAs, premature withdrawal due to scam activity is typically taxable, added to annual taxable income, potentially increasing tax brackets and liability. Withdrawals before age 59½ carry a 10% penalty, further stressing finances.

In contrast, Roth IRAs allow tax-free contribution withdrawals if account holding and qualifying criteria are met, though prematurely withdrawn earnings incur taxes and penalties absent qualified reasons.

Consider these examples of scam or theft loss deductions and tax consequences:

Example 1: Impersonator Scam - Qualifies as Theft Loss

A sophisticated impersonator misled Taxpayer 1, resulting in monetary transfers intended for secure investment but instead taken overseas by scammers. The taxpayer's intent to preserve and reinvest funds aligns with profit-motive requirements, qualifying the losses for deduction.

Tax Implications:

a. Deductible on Schedule A if itemizing.

b. Traditional IRA withdrawals are taxable, affecting annual income; non-IRA gains or losses must also be recognized.

c. Re-depositing funds within 60 days into the IRA can waive penalties.

Example 2: Romance Scam - Does Not Qualify

Taxpayer 2, victim to a romance scam, transferred funds based on fabricated tales of medical emergencies, absent a profit motive. Personal casualty losses under Section 165(c)(3) require a federal disaster declaration absent qualifying gains.

Tax Implications:

Same as Example 1, minus deducting capabilities.

Image 1

The critical assessment of transaction intent is paramount when qualifying a scam-related event for deductible casualty losses. Documentation and clear intent are essential, especially for IRS scrutiny which differentiates between eligible and ineligible losses.

Reach out to this office when encountering dubious communication, particularly before financial engagements. We offer guidance for fraud prevention and recovery while assisting in scam victim support. Educating family on these risks offers protection and reassurance.

Share this article...

Sign up for our newsletter.

Each month, we will send you a roundup of our latest blog content covering the tax and accounting tips & insights you need to know.

I confirm this is a service inquiry and not an advertising message or solicitation. By clicking “Submit”, I acknowledge and agree to the creation of an account and to the and .

We care about the protection of your data.

James T. Neilson We love to chat!
Please feel free to use our Ai chat assistant or use the contact button to contact us.
Please fill out the form and our team will get back to you shortly The form was sent successfully