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Short Sale News - Debt Forgiveness Tax Bill

By
Services for Real Estate Pros with Property Services & Short Sale TC

TAX BREAK FOR MORTGAGE DEBT FORGIVENESS

President Bush signed into law today a new measure giving tax breaks to homeowners who have mortgage debt forgiven. Under preexisting law, the debt forgiven by a lender, such as for short sales and refinances, was generally taxable to the borrower as debt discharge income. With the passage of the Mortgage Forgiveness Debt Relief Act of 2007, a taxpayer does not have to pay federal income tax on debt forgiven for a loan secured by a qualified principal residence.

This tax break applies to debts discharged from January 1, 2007 to December 31, 2009. Qualified principal residence indebtedness is debt incurred in acquiring, constructing, or substantially improving the residence (up to $2 million for refinances).

For purposes of calculating capital gains, any debts discharged excluded from income under the new law must be subtracted from the basis of the taxpayer's principal residence (but not below zero). However, taxpayers may generally exclude from capital gains income up to $250,000 (or $500,000 for married couples filing jointly) for properties owned and used as their principal residence for at least two of the last five years.

article written by CALIFORNIA ASSOCIATION OF REALTORS

 

Pertaining to:

H.R.3648 Mortgage Forgiveness Debt Relief Act of 2007

Mortgage Forgiveness Debt Relief Act of 2007

To amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes.

•·Other Bill Titles

  • Official: To amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes. as introduced.
  • Short: Mortgage Forgiveness Debt Relief Act of 2007 as enacted.
  • Short: Mortgage Forgiveness Debt Relief Act of 2007 as passed senate.
  • Short: Mortgage Forgiveness Debt Relief Act of 2007 as passed house.
  • Short: Mortgage Forgiveness Debt Relief Act of 2007 as reported to house.

12/20/2007--Public Law. (This measure has not been amended since it was passed by the Senate on December 14, 2007. The summary of that version is repeated here.)
Mortgage Forgiveness Debt Relief Act of 2007 - Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence. Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income. Disallows an exclusion for a discharge of indebtedness on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. Sets forth rules for determining the allowable amount of the exclusion for taxpayers with nonqualifying indebtedness and taxpayers who are insolvent. Extends through 2010 the tax deduction for mortgage insurance premiums. Sets forth alternative tests for qualifying as a cooperative housing corporation for purposes of the tax deduction for payments to such corporations. Qualifies a corporation if: (1) 80% or more of the total square footage of the corporation's property is used or available for use by its tenant-stockholders for residential purposes, or (2) 90% of the corporation's expenditures are for the acquisition, construction, management, maintenance, or care of its property for the benefit of the tenant-stockholders. Allows members of a qualified volunteer emergency response organization (i.e., an organization that provides firefighting and emergency medical services) an exclusion from gross income for state and local tax benefits and for certain payments for services. Terminates such exclusion after 2010.
Allows certain full-time students who are single parents and their children to live in housing units eligible for the low-income housing tax credit provided that their children are not dependents of another individual (other than a parent of such children).
Allows a surviving spouse to exclude from gross income up to $500,000 of the gain from the sale or exchange of a principal residence owned jointly with a deceased spouse if the sale or exchange occurs within two years of the death of the spouse and other ownership and use requirements have been met. Increases the penalty for failure to file a partnership tax return and extends from five to 12 the number of months in which such penalty may be imposed. Limits disclosure of tax return information that includes individual taxpayer identify information.
Imposes an additional penalty on S corporations for failure to file required tax returns.
Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the estimated tax payment due in the third quarter of 2012 for corporations with assets of at least $1 billion.

 

Jen Hudson
Windermere Real Estate/M2, LLC - Stanwood, WA
Stanwood, Camano & Arlington, WA
Thanks for the update!
Jan 18, 2008 06:05 PM
John Kim
Property Services & Short Sale TC - Irvine, CA

REPLY to Jen:

     Glad it could help...

Jan 19, 2008 03:44 AM
David Petrovich
S.P.O.C.H. a 501c3 Charitable NP - Oakhurst, NJ

Key phrase:  "qualified" principal acquisition indebtedness

Which means TEMPORARILY there will be income tax relief on "income" resulting from forgiveness of acquisition indebteness.

This does not include forgiven debt from post purchase seconds, HELOC, or refis on amounts which exceed acquisition indebtedness.

Frankly, IMHO, this revison to the tax code is more window dressing than substantive relief.  Before the revision, financially distressed sellers could sell short, have debt forgiven, and usually found the "income" was exempt from tax, anyway.

ForeclosureFocusUSA 

 

Jan 26, 2008 08:07 AM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team
There is a catch to everything.  But if this bill will help some, it is still a good thing.  Bad part about it is that it does not excuse a large number of the seconds that usually are:  HELOC, post purchase seconds, or the second exceeds the amount allowed.
Jan 26, 2008 09:33 AM
Heather Fitzgerald
REALTY WORLD-Harbert Company, Inc. - Greenwood, IN
REALTOR Greenwood Indiana Real Estate
It is a start,  thanks for the post and thanks for the update.
Jan 28, 2008 02:58 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

People who are solvent but upside down need to consider what they will do if they MUST SELL after the tax break expires at the end of 2012, but BEFORE their property is at break even again.

Jul 11, 2010 01:18 PM
Anonymous
Mary Levandusky

I am a retired widow who is being forclosed.  I heard a bill just passed this year which gives the owner forgiveness on balance of a short sale, does not hurt their credit report nor is taxed by IRS and the bank helps the owner by giving them $2000 towards moving expenses.  If the bill has passed, what HB should be referred to.  Does this HB have a name when the owner calls the bank for the excepted HB.  This would definately help senior citizens forced out of their house because the bank draged tjoeir feet and not offered a submitted loan pre=qualification and offered a higher not lower payment because the owner was not offered a pre-qualification in a standard one month from loan application.

Jul 15, 2010 11:09 AM
#7