Can a bond/stock investment be written down when a company files bankruptcy?

Dec 14, 2017 5 Replies

First reply

ira smilovitz

Somewhere in the reorganization documents there should be an explanation of the tax treatment of the reorganization. Without knowing the details, it could be that you recognized a loss immediately on the reorganization and "purchased" the new securities you received, thereby…

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I bought some bonds in a Oil industry (CoX). They filed bankruptcy. After negotiations with creditors, CoX was re-organized. I received a few shares of a holding company, a few shares of the operating company, and some Contingent Payment Rights from the operating co. (expires 3/31/2023). The total FMV is about 15% of my original cost for the bonds.



In addition, I also received some 144A security listed under Fixed Income on my brokerage statement -- with no market value. Since this securities is not listed; I can't sell it to take a loss.



Can I write off my original bond purchase -- after allocating some of the basis to the securities that I received -- in a similar fashion that corporations write down their corporate acquisition for permanent reduction in value of the acquisition ???



Or any other suggestions for taking a loss?



TIA


Somewhere in the reorganization documents there should be an explanation of the tax treatment of the reorganization. Without knowing the details, it could be that you recognized a loss immediately on the reorganization and "purchased" the new securities you received, thereby creating a new cost basis in each item. Or, it could be that you have to allocate your original cost basis over the various items received, with gain/loss deferred until you dispose of the new investments.

Ira Smilovitz, EA

In addition, I also received some 144A security listed under Fixed Income on my brokerage statement -- with no market value. Since this securities is not listed; I can't sell it to take a loss.

Can I write off my original bond purchase -- after allocating some of the basis to the securities that I received -- in a similar fashion that corporations write down their corporate acquisition for permanent reduction in value of the acquisition ???

Or any other suggestions for taking a loss? ====== No. The mere filing of bankruptcy does not make the investment worthless. You have to wait until there's a DECISION in the bankruptcy case, even though most (if not all) cases result in the full cancellation of shareholders' equity.

You have 7 years to file an amended return to claim your federal loss.

When a public corporation files bankruptcy, some stock brokers will buy your shares back for a pittance, so you can take the deduction. Ask your broker what their policy is.

This thread has moved off-topic. The OP had purchased bonds in the bankrupt corporation, not stocks. The company already went through reorganization and he already received replacement securities - two different stocks and contingent payment rights - and was trying to determine how to allocate his original cost basis and when/how to recognize loss. It's not a discussion of what you can do if you hold shares of a company in the process of bankruptcy.

Ira Smilovitz, EA

How has this moved off topic, and why would a slight veer off topic be a problem anyway, as other read these threads now and in the future?

Seems the fact that some brokers will buy back shares at a pittance to allow you to take a loss could be of use with respect to the OP's "144A security listed under Fixed Income on my brokerage statement -- with no market value."

Or have a friend buy them for a pittance, if need be.

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