Debt Forgiveness Wonderful, Except At Tax Time

By Cornelius Nunev


Debt forgiveness is a great thing for most people, as it means less than the complete of a debt has been paid though the debt has been happy. However, it's regarded as taxable income and the lapse of a debt forgiveness tax break for foreclosures or short sales of houses is set to bite some taxpayers.

Government just sees way to get more taxes

Millions of people breathe sighs of relief every year when granted debt forgiveness. Also called debt relief, debt cancellation, it's where a loans lender of some sort, like a charge card business, mortgage lender or whomever, agrees to forgive a debt if the borrower agrees to pay off a portion, typically on a condensed payment schedule.

Debt forgiveness is actually taxable income though because it is considered a rise in someone's income, according to the Wall Street Journal. People getting debt forgiveness this year will be upset when they find out they have to pay additional taxes.

Ergo, it's taxable and forgiving lenders have to give a tax form, a 1099 C, that borrowers have to report on tax forms.

Involves large mortgages

Debt forgiveness taxes can be a real kick in the nether regions when linked to mortgages. When a home loan lender forecloses on a house and either forgives the debt, reduces the principle or agrees to a short sale, the fair industry value and forgiven debt for the home have to be reported on a 1099 C. However, the tax on it, for some, is excused for the time being.

In 2007, the government passed a law exempting certain foreclosed-on homeowners from a portion of this debt. The law, the Home loan Forgiveness Debt Relief Act, also extends, according to CBS, to people who participated or are participating in the Home Affordable Refinancing Program or HAMP, who received a principle deduction or other refinancing that would otherwise be subject to the tax.

The Wall Street Journal explained that second home loans are not integrated. You can use any primary residence in the program though.

Looking at expiration expectations

That law was set to expire last year, but was saved in the "fiscal cliff" negotiations. However, it will lapse before 2014, unless extended. That said, as CBS points out, debt forgiveness for mortgage loans could be claimed over a period of three years or all it once - pardoned homeowners who haven't claimed it yet should claim it all this year and reap the benefit of the exemption, if applicable.

Creditcards.com explained that people are getting more debt forgiveness now more than ever. In fact, it is anticipated that the Internal Revenue Service will get 6.5 million 1099 C forms in 2013. In 2003, there were only about 1 million forms filed for debt forgiveness.



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