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If you go through a short-sale, deed in lieu of
foreclosure, foreclosure or obtain a loan modification, your lender
may send a 1099-C. However; just because you received a 1099-C, this
does not mean you owe taxes on the debt relief.
If you meet one of these tests you most likely do not owe taxes on the
cancellation of the debt (as income).
1 - If you are technically insolvent, you should not owe
income tax on cancellation of debt income.
See form 982.
2 - If your mortgage is non-recourse you do not owe on cancellation of debt
income. In
California, most purchase money first
mortgages are non recourse. A second mortgage, however, in most cases is a
recourse loan and you may owe taxes on the debt forgiveness or cancellation
on second mortgages.
3 -In December 2007, President Bush signed into law H.R. 3648 – Public Law
110-142, which says you do not pay tax on cancellation of debt income up to
$1 million, or $2 million for married couples filing jointly.
See the Mortgage Debt
Forgiveness Act information. Exceptions are any cash-out you
received unless used for home repairs or improvement. Also see:
Mortgage Cancellation Summary.
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