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Closing CostsTax Tip #354: Tax Treatment of Earnest Money Deposits
Earnest money applied to the purchase price at closing is part of your cost basis. If the deal falls through and you forfeit your earnest money, the loss is deductible as an investment loss. If the seller returns your earnest money, there is no tax impact. On a $10,000 forfeited deposit, you have a $10,000 deductible loss.
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