Friday, October 4, 2013

Debt Forgiveness Can Bite Come Tax Time

By Cornelius Nunev


Lenders can forgive debt in some situations, if a borrower reaches the best agreement. However, debt forgiveness can become a serious frustration come tax time.

Not so great news from the federal government

When a loans lender decides to forgive debt, it is called debt relief or debt cancellation. People love it when this occurs. It usually is pardoned as long as the person pays part of the debt.

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

The lenders will then give form 1099 C to the borrower, so they can report it on their taxes during the year.

A couple hundred thousand in a mortgage

Debt forgiveness taxes could be a real kick in the nether regions when linked to home loans. 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 market value and forgiven debt for the home have to be reported on a 1099 C. However, the tax on it, for some, is exempted for the time being.

The Mortgage Forgiveness Debt Relief Act is a law that the government passed in 2007 that allows certain homeowners who get foreclosed on to stay away from the taxes on the debt. CBS explained that people who were in the Home Affordable Refinancing Program, or HAMP, were able to avoid the tax.

However, according to the Wall Street Journal, it only applies to mortgages to "buy, build or improve" a primary residence. Second-home mortgage loans are not eligible, so in your yuppie faces.

Law to expire last year

When the fiscal cliff negotiations were taking place, it involved the program. It will still expire in 2014 unless extended though. Homeowners should take advantage of claiming the pardoned mortgage right now if they can to stay away from paying taxes on it. Forgiven homeowners do have three years to pay the taxes, so at least there is there.

Creditcards.com explained that people are getting more debt forgiveness now more than ever. In fact, it is anticipated that the IRS 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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