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ELIMINATING PHANATOM TAX ON FORECLOSURES IS GOOD FOR CONSUMERS

By
Real Estate Agent with Prudential Fox & Roach, REALTORS

NAR is encouraged by today's House Ways and Means Committee vote to adopt this measure and send it to the full House for consideration, said NAR President Pat Combs of Grand Rapids, Mich., and vice president of Coldwell Banker. Changing the IRS code for these situations will relieve a tax burden for families who are already in financial distress and are most likely unable to pay additional taxes. 

With many families affected by resetting interest rates on subprime mortgages and the ongoing rise in foreclosures, NAR has been working to help more homeowners and their families keep their homes. Clearly it is unfair to tax people on phantom income when they most likely have no cash with which to pay that tax, said NAR is committed to efforts that will help make the nightmare of losing a home less burdensome for families.

The current tax code requires a lender who forgives debt to provide a Form 1099 to the IRS stating the amount the borrower has been forgiven.  This disclosure applies whether a short sale, foreclosure, deed in lieu of foreclosure or any similar arrangement relieves the borrower of the obligation to pay some portion of his or her debt. If the property is sold at foreclosure or is sold for less than the amount borrowed, the difference is considered income and is subject to the tax.

H.R. 3648 would ensure that any mortgage debt secured by a principal residence wil not be taxed. NAR stands strongly with Chairman Rangel, and Ranking Member McCrey, R-La. Their relief proposal addresses a fundamental unfairness that affect the lives of those who find themselves in truly unfortunate circumstances.  We must all work together to prevent the dream of homeownership from becoming a nightmare.

The legislation includes a provision to safeguard against abuses.  The provision, similar to one that already exists for commercial real estate owners, would treat commercial and residential property equally. In additon, NAR supports the proposed offset, which benefits while retaining all of them.

Comments(2)

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Jason Schweiger
Modus Mortgage - Auburn, WA
Loan Originator: Modus Mortgage

Good info. FYI-You mispelled Phantom in your headline.

Sep 28, 2007 04:41 AM
Nancy Moeller
Seven Gables Real Estate - Anaheim Hills, CA

Good post. It's also importan to consider that if the person is insolvent, the income is not usually taxable. As such, only people who can't pay their debt but still have other assets are subject to the tax on the forgiveness of debt, which makes sense to me. The banks are deducting the loss, so taxpayers are paying for it indirectly anyway ... because a deduction without an offseting income tax eventually has to result in an overall increase in taxes.

Great post,

Nancy Moeller, CPA, Realtor

Sep 28, 2007 04:44 AM