A worthless security is treated as a capital asset that’s been sold on the last day of the year. As such, it generates a long-term capital loss if you’ve held the stock for more than a year or a short-term capital loss if you’ve held the stock for one year or less. To be treated as a worthless security, it must have a market value of zero, whether publicly traded or privately held. It’s up to a taxpayer to prove the security is worthless, and this isn’t always easy to do since the security may no longer be marketable on any established exchange.
Debt on which a person is not personally liable. In case of nonpayment, the creditor must foreclose on property securing the debt. At-risk rules generally bar losses where there is nonrecourse financing, but an exception applies to certain nonrecourse financing for real estate.