Posted on: 08th Feb, 2007 10:49 pm
my husband and i filed chapter 7 bankruptcy 1 year ago. we then filled out a deed in lieu and our mortgage company took possession of our home. i just received a 1099-a from the mortgage company. i am not sure if i need to claim this on my taxes. on the 1099-a on line 2 the balance of the property was $77,109.56 box 3 is empty and box 4 fair market value of property is blank. number 5 states was the borrower personally liable for repayment of debt and that says no. can you help?
The bankruptcy clears any cancellation of debt. However, even if there was no bankruptcy, the FMV is higher than the principle outstanding balance, and there is no tax event as the bank will be able to recover all of the outstanding balance by selling the property for $242,221. Part 2 of this event is that the taxpayer does have a sale of a capital asset that is reported on Schedule D that will be either a gain or loss depending on the difference between the adjusted basis of the property and the FMV. If there is a loss on the disposition it is personal and not deductible and if there is a gain the taxpayer may be able to exclude the gain through the use of the $500,000 exclusion (MFJ) or $250000 (S).
Hi...got a discharge, had one rental foreclosed on last year. I don't believe I am responsible for tax on capital gains for this. Is this, or is this not correct?
Hi dave!
Welcome to forums!
Unless you receive any profit from the sale of the property, you won't be liable for paying capital gains taxes.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Unless you receive any profit from the sale of the property, you won't be liable for paying capital gains taxes.
Feel free to ask if you've further queries.
Sussane
I HAVE THREE RENTAL PROPERTIES THAT HAVE BEEN ABANDONED THE BALANCE OF PRINCIPAL OUTSTANDING IS $252,590.00 AND THE FAIR MARKET VALUE IS $209,035.00. DO I HAVE TO FILE THIS ON MY 2010 TAXES?
Hi Guest,
As far as I know, you'll have to mention this on your taxes. You can contact a CPA and he/she will better guide you in this matter.
Thanks
As far as I know, you'll have to mention this on your taxes. You can contact a CPA and he/she will better guide you in this matter.
Thanks
I received 1099 A on both the primary loan and hELOC on a house that had been foreclosed in California, in box no.5, it was checked "no", (not liable to pay), will BOA send me a 1099C and will BOA able to come after me for the difference? All were purchase money... , will I have to pay taxes? Thanks.
Welcome Heloise,
As your debt has been forgiven by the lender, the lender won't come after you for the deficient balance but you'll receive the 1099c form from him. The forgiven balance will be considered as your income and the IRS can charge you taxes. However, depending upon the Mortgage Debt Relief Act, you won't have to pay the taxes.
As your debt has been forgiven by the lender, the lender won't come after you for the deficient balance but you'll receive the 1099c form from him. The forgiven balance will be considered as your income and the IRS can charge you taxes. However, depending upon the Mortgage Debt Relief Act, you won't have to pay the taxes.
Our bk 7 discharged 2010. We never reaffirmed sine vale was lower then balance. We continued to pay our mtg. Payment. We claimed the mortgage interest on our taxes. If we walk away from the house can the IRS penalize us for this.
Hi Tall Liz,
IRS can penalize you if you don't pay for the property taxes. Moreover, as you've reaffirmed the debt, you will be liable for paying off the deficient balance resulting from the foreclosure after you walk away from the property.
Thanks
IRS can penalize you if you don't pay for the property taxes. Moreover, as you've reaffirmed the debt, you will be liable for paying off the deficient balance resulting from the foreclosure after you walk away from the property.
Thanks
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