If my client loaned his daughter $100,000 for her business 4 years ago and she stopped making payments, can he take this loss as a tax deduction?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my client loaned his daughter $100,000 for her business 4 years ago and she stopped making payments, can he take this loss as a tax deduction?

Also, could it be considered a gift since the daughter is still in business? It is an S-corp.

Asked on December 13, 2012 under Business Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Absent a bankruptcy filing by the daughter or a lawsuit against the daughter the lack of payment and absence of a demand suggests more of a gift as opposed to writing off a bad debt. From what you have written, I do not see a loss for a bad debt. I suggest that you client consult with a tax attorney or a certified public accountant.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption