OK - I've been asked too many times on this, so I wanted to get you all the information on the debt forgiveness act according to the IRS:
Here are the basics from the IRS website and what it means for you:
Update Feb. 4, 2008 — The Mortgage Forgiveness Debt Relief Act
of 2007
allows taxpayers to exclude income [ MEANING - YOU DON'T HAVE TO PAY TAX ON THE DEBT RELIEF]
from the discharge
of debt (Debt reduced through mortgage
restructuring, as well as mortgage debt forgiven in connection with a
foreclosure, qualify for this relief) [MEANING ON DEBT THAT TIES TO ANY KIND OF RESTRUCTURING OR FORECLOSURE]
on their principal residence.
This provision applies to debt forgiven in 2007, 2008 or
2009.
Up to $2 million of forgiven debt is eligible for this exclusion
($1 million if married filing separately).
The exclusion doesn’t 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. [MEANING YOUR HOMES VALUE OR YOUR FINANCIAL LIFE NEED TO HAVE BEEN HURT]
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NOTE: FORECLOSURES ARE TREATED AS A SALE OF THE PROPERTY -
MEANING: If you have debt cancellation, and that decreases your basis in the property (ask your CPA) and then you have a gain of more than the $250/$500k limits allowed for non-taxation (title §121) you WILL pay tax on the property - BE CAREFUL!!!
also note: NO, YOU CANNOT DEDUCT A LOSS TAKEN ON YOUR HOME - don't we all wish!
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There are a lot of tough things happening in the economy right now, but you need to make sure that you aren't going to get caught in a trap.
As far as the information is provided, this new debt relief act DOES NOT apply to investments or rental properties,.. solely to your primary home.
Keeping you on top the tax world!
Always,
Your Tax Goddess.
PS - I just got a video camera - so I will try and do more youtube videos relating to these subjects and post them to our Blog!