The Mortgage Forgiveness and Debt Relief Act and Debt Cancellation as defined by www.irs.gov:
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.
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This Act has been allowing sellers who sell their home via Short Sale in many situations to be forgiven the taxes that would’ve been owed on the amount they were forgiven by their lenders. For example: if a person sold their home for $250,000 and owed $300,000 they would under normal tax law be taxed for the $50,000 deficit as though it was income for the year. Under the Debt Relief Act, they were not taxed on the deficit in most situations.
As of 1.1.2013, this Debt Relief Act is expired and as of today does not appear it will be extended or renewed. What does this mean for current or future sellers of short sales that will not close by 12.31.12? It means that you may be taxed for a portion or all of the amount forgiven by your lender(s) when you complete a short sale of your home. Depending on how much you are forgiven, that could mean quite a difference in your taxes for the year.
I am NOT an accountant, nor an attorney – so PLEASE seek legal and tax advice from your tax accountant and attorney to see how this law may affect your situation in particular. Your Realtor should be advising you on this issue however if you are currently pending in a short sale and are set to close after the first.
If you would like more information about the real estate side of a short sale, please contact Danielle anytime. 36.483.6490