Discussion:Down payment on office space

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Revision as of 13:35, 1 August 2009
RoyDaleOne (Talk | contribs)
(I don't think it)
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Revision as of 19:04, 1 August 2009
FLAcct (Talk | contribs)
(Normally in purc)
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{{ForumReplyPost|UserID=RoyDaleOne|Date=1 August 2009|Text=I don't think it matters if the 80k was a lost down payment, or a lost deposit, along as the contract involved provided for the forfeiture of the 80k.}} {{ForumReplyPost|UserID=RoyDaleOne|Date=1 August 2009|Text=I don't think it matters if the 80k was a lost down payment, or a lost deposit, along as the contract involved provided for the forfeiture of the 80k.}}
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 +{{ForumReplyPost|UserID=FLAcct|Date=1 August 2009|Text=Normally in purchase agreements there is a clause that the purchaser will get his deposit back if he cannot obtain financing. Are you sure you have the whole story here?}}

Revision as of 19:04, 1 August 2009

Discussion Forum Index --> Advanced Tax Questions --> Down payment on office space
Discussion Forum Index --> Tax Questions --> Down payment on office space

Sashka (talk|edits) said:

28 July 2009
Hi Guys,

A client,LLC, gets into contract to purchase an office space. Puts 10% down but unable to secure financing and forced to give up the down payment. The business is in its first year of operations in marketing. Can the down payment be deducted on the tax return and if so, how? Thank you very much for any help.

Kevinh5 (talk|edits) said:

28 July 2009
could this be a lost deposit?

Kevinh5 (talk|edits) said:

28 July 2009
Earnest, we have your money!!!

Kevinh5 (talk|edits) said:

28 July 2009
here's an honest answer: yes, by putting it on the tax return under 'other deductions'.

Sashka (talk|edits) said:

28 July 2009
Would it be considered "ordinary & necessary" expense if challenged? The amount involved is 80K...

Larry0434 (talk|edits) said:

28 July 2009
Probably but that would depend on the particular tax agent

Mpdickens (talk|edits) said:

29 July 2009
Sec. 165(c)(2) loss

Earnest Goes to Jail Earnest Goes to Camp

Which ones am I leaving out? Hint.. Wink..

MonroeCPA (talk|edits) said:

1 August 2009
Greetings, Sashka. It is not clear from the facts if this Limited Liability Company intended to purchase an office building - with an $ 80,000.00 down payment - of if the $ 80,000.00 is a security deposit, paid with the intention of renting an office within an office building.

RoyDaleOne (talk|edits) said:

1 August 2009
I don't think it matters if the 80k was a lost down payment, or a lost deposit, along as the contract involved provided for the forfeiture of the 80k.

FLAcct (talk|edits) said:

1 August 2009
Normally in purchase agreements there is a clause that the purchaser will get his deposit back if he cannot obtain financing. Are you sure you have the whole story here?