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Tampa Bay Real Estate News

Blog by Tish Osborne
Port Richey, Florida

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Debt cancellation and income tax liability...

Jan. 14, 2009

This may be of interest to you if your home has sold in a "short sale" (where you accept less than is what is owed on the property) or following foreclosure...
 
The Mortgage Forgiveness Debt Relief Act and Debt Cancellation
 
If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable.
The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.
 
This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home's value or the taxpayer's financial condition.
 
More information, including detailed examples can be found in Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Also see IRS news release IR-2008-17.
 
For more information, go to:
http://www.irs.gov/individuals/article/0,,id=179414,00.html

User Comments

1. RE: Debt cancellation and income tax liability...

Written by: Debbie DeCillis
Jan. 28, 2009

Good information.  Thanks.

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