If the home is sold at foreclosure auction, you will still receive a 1099-A for the amount the lender lost due to the sale.

In a short sale, most lenders, except for those that are out of business and not worried about the O.T.S. – Office of Thrift Supervision, will ALWAYS give you a 1099-C for the amount they have lost due to the short sale, if they decide to not seek a deficiency judgment. And we’ve found that in almost EVERY case they will opt to send you a 1099-C for the amount of the loss versus seek a deficiency due to the costs and length of time it would take to exercise that option.

We always recommend that you consult with a CPA regarding taxes, and ask that you become familiar with and ask your CPA about IRS form 982 prior to deciding if you want to pursue the short sale as form 982, if you qualify, would absolve you of paying the taxes on the deficiency due to you being deemed insolvent.

I am not a CPA or qualified as a licensed professional in the field of taxes so I strongly suggest you seek competent professional counsel for your tax related questions.

If you’d like to discuss your personal situation to learn what options are available to you, give me a call at 702-204-3945 or you can contact me via email kenny@tfmcpartners.com or by leaving a comment below.

Kenny Wagner
Short Sale Specialist
Foreclosure Mitigation Specialist
The Foreclosure Mitigation Company

1-702-204-3945 Direct
1-206-971-5033 Fax

kenny@tfmcpartners.com

To start off my Blog I thought I would provide you with a great post from a colleague of mine on “Tax Consequences of A Short Sale: Dealing with a 1099C”

I copied this from a colleague’s website Matthew Smith @ Short Sales Des Moines.
Matthew presented this so simply & clearly that I wanted to share it for your benefit.

Matthew Smith is a top notch short sale specialist in the Des Moines, IA market.

If you are in his market & need help or have any questions please contact him as he comes highly recommended.

Kenny

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If you are a homeowner going through a foreclosure of Short Sale, it is important that you become well versed on 1099C’s.

This will prevent 2 things:

1.) A Coronary on or before February 2, 2010 when you receive your 1099C.

and

2.) Having to pay taxes on monies that were ‘forgiven’ by your bank in the short sale or foreclosure

Let us first talk about exactly what is a 1099C .  A 1099C is a Cancellation of Indebtedness form that a lender is required to fill out when the forgive a debt greater than $600.  The lender is supposed so send these out to you before February 2 in the year following the discharge of the debt.

Not all cancelled debt is considered a taxable event such as the following off the IRS website:

• Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
• 
  
• Insolvency:  If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets.Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception.
• 
  
• Certain farm debts:If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.The rules applicable to farmers are complex and the assistance of a tax professional is recommended if you believe you qualify for this exception.
• 
  
• Non-recourse loans:A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral.That is, the lender cannot pursue you personally in case of default.  Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income.  However, it may result in other tax consequences.

If your lender does not issue you a 1099C and you have had debt forgiven or discharged in the prior year, you still are required to report this. If you follow the formula under Section 3 on the IRS site you can easily figure out the amount that was forgiven (you may need to call your lender to verify the amount of the payoff prior to the sale).

Here is the good news….

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 and qualifications can be found in Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Also see IRS news release IR-2008-17.

So, if you are like me, you may be saying now, “Ok, thats fine and dandy, I understand I don’t have to pay the taxes
… but unpack this for me a bit, how do I actually go about doing this? What forms do I need, what do I fill in the blanks with?”

I’m glad we asked that question, so here it goes. You need to get yourself an IRS Form 982 and it looks something like this:

Now, if the only debt you are reporting forgiven that you are excluding is due to a foreclosure or short sale then you only need to complete lines 1e, 2 and 10b. What you do is go back to the 1099C that you received from your old lender and go to box 2 (see below), That number is what you will enter in box 2 and 10b of your form 982.

So, that is pretty much it. If you have further questions, check out the following sites:

The Mortgage Forgiveness Debt Relief Act FAQ

Publication 4681 Canceled Debts, Foreclosures, Repossessions, and Abandonments with detailed examples

IRS New Release IR-2008-17

Tax Payer Advocate Service – 1-877-777-4778,

Home Foreclosure and Debt Cancellation (good for figuring out how to calculate your own 1099C income if bank fails to send you one)

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If you’d like to discuss your personal situation to learn what options are available to you, give me a call at 702-204-3945 or you can contact me via email kenny@tfmcpartners.com or by leaving a comment below.

Kenny Wagner
Short Sale Specialist
Foreclosure Mitigation Specialist
The Foreclosure Mitigation Company

1-702-204-3945 Direct
1-206-971-5033 Fax

kenny@tfmcpartners.com