Tax Consequence Of A Real Estate Short Sale...IRS Tax Rules & Definitions!

www.SellQuickForCash.com Investigates The Tax Consequences Of A Real Estate Short Sale On An Arizona Homeowner.

When completing a Short Sale, possible tax issues can arise for the homeowner. As such, an owner considering a Short Sale should be encouraged to discuss these issues with an attorney, accountant, or other appropriate professional. From my understanding, the debt forgiven by a lender is generally taxable to the borrower as "debt discharge income." When a taxpayer receives proceeds from a new loan, those proceeds are not taxable income because there is an offsetting obligation to repay. However, if the debt is cancelled, there may be debt discharge income. This basically means that if you owe $200,000 and Short Sale the home for $150,000, on your next tax return it could look like you have $50,000 worth of earned income from the sale of your residence and would be treated as taxable income. IRS Form 1099-C: Cancellation of Debt will be sent to you at the end of the year.

BREAKING NEWS! H.R. 1876: The Mortgage Forgiveness Debt Relief Act of 2007 would eliminate the tax owed on any forgiven mortgage debt. This bill has been passed and signed into law by the president! The bill permanently eliminates tax on up to $2 million of debt for a principal residence. The best part about this bill is that it is retroactive to January 1st, 2007. This means that any Short Sale conducted after that date automatically is protected from any tax implications! For more info, please visit http://www.whitehouse.gov/news/releases/2007/12/20071220-6.html

The following is taken from http://www.irs.gov/newsroom/article/0,,id=174034,00.html the IRS's website regarding short sales:

Questions and Answers on Home Foreclosure and Debt Cancellation

Update Feb. 4, 2008 — The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.

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.

The amount excluded reduces the taxpayer’s cost basis in the home. More information on claiming this exclusion will be available soon.

The questions and answers, below, are based on the law prior to the passage of the Mortgage Forgiveness Debt Relief Act of 2007.

1. What is Cancellation of Debt?

If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds is reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Here’s a very simplified example. You borrow $10,000 and default on the loan after paying back $2,000. If the lender is unable to collect the remaining debt from you, there is a cancellation of debt of $8,000, which generally is taxable income to you.

2. Is Cancellation of Debt income always taxable?

Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

• Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.

• Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets.Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception.

• Certain farm debts:If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income. The rules applicable to farmers are complex and the assistance of a tax professional is recommended if you believe you qualify for this exception.

• Non-recourse loans:A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral.That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income.However, it may result in other tax consequences, as discussed in Question 3 below.

3. I lost my home through foreclosure. Are there tax consequences?

There are two possible consequences you must consider:

• Taxable cancellation of debt income. (Note: As stated above, cancellation of debt income is not taxable in the case of non-recourse loans.)

• A reportable gain from the disposition of the home (because foreclosures are treated like sales for tax purposes).(Note: Often some or all of the gain from the sale of a personal residence qualifies for exclusion from income.)

Use the following steps to compute the income to be reported from a foreclosure:

Step 1 - Figuring Cancellation of Debt Income (Note: For non-recourse loans, skip this section. You have no income from cancellation of debt.)

1. Enter the total amount of the debt immediately prior to the foreclosure.___________

2. Enter the fair market value of the property from Form 1099-C, box 7. ___________

3. Subtract line 2 from line 1. If less than zero, enter zero.___________

The amount on line 3 will generally equal the amount shown in box 2 of Form 1099-C. This amount is taxable unless you meet one of the exceptions in question 2. Enter it on line 21, Other Income, of your Form 1040.

Step 2 – Figuring Gain from Foreclosure

4. Enter the fair market value of the property foreclosed.For non-recourse loans, enter the amount of the debt immediately prior to the foreclosure ________

5. Enter your adjusted basis in the property.(Usually your purchase price plus the cost of any major improvements.)

____________

6. Subtract line 5 from line 4. If less than zero, enter zero.

The amount on line 6 is your gain from the foreclosure of your home. If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income. If you do not qualify for this exclusion, or your gain exceeds $250,000 ($500,000 for married couples filing a joint return), report the taxable amount on Schedule D, Capital Gains and Losses.

4. I lost money on the foreclosure of my home. Can I claim a loss on my tax return?

No. Losses from the sale or foreclosure of personal property are not deductible.

5. Can you provide examples?

A borrower bought a home in August 2005 and lived in it until it was taken through foreclosure in September 2007. The original purchase price was $170,000, the home is worth $200,000 at foreclosure, and the mortgage debt canceled at foreclosure is $220,000. At the time of the foreclosure, the borrower is insolvent, with liabilities (mortgage, credit cards, car loans and other debts) totaling $250,000 and assets totaling $230,000.

The borrower figures income from the foreclosure as follows:

Use the following steps to compute the income to be reported from a foreclosure:

Step 1 - Figuring Cancellation of Debt Income (Note: For non-recourse loans, skip this section. You have no income from cancellation of debt.)

1. Enter the total amount of the debt immediately prior to the foreclosure.___$220,000__

2. Enter the fair market value of the property from Form 1099-C, box 7. ___$200,000__

3. Subtract line 2 from line 1.If less than zero, enter zero.___$20,000__
The amount on line 3 will generally equal the amount shown in box 2 of Form 1099-C. This amount is taxable unless you meet one of the exceptions in question 2. Enter it on line 21, Other Income, of your Form 1040.

Step 2 – Figuring Gain from Foreclosure

4. Enter the fair market value of the property foreclosed.For non-recourse loans, enter the amount of the debt immediately prior to the foreclosure. __$200,000__

5. Enter your adjusted basis in the property.(Usually your purchase price plus the cost of any major improvements.) ___$170,000__

6. Subtract line 5 from line 4.If less than zero, enter zero.___$30,000__

The amount on line 6 is your gain from the foreclosure of your home. If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income. If you do not qualify for this exclusion, or your gain exceeds $250,000 ($500,000 for married couples filing a joint return), report the taxable amount on Schedule D, Capital Gains and Losses.

In this situation, the borrower has a tax-free home-sale gain of $30,000 ($200,000 minus $170,000), because they owned and lived in their home as a principal residence for at least two years. Ordinarily, the borrower would also have taxable debt-forgiveness income of $20,000 ($220,000 minus $200,000). But since the borrower’s liabilities exceed assets by $20,000 ($250,000 minus $230,000) there is no tax on the canceled debt.

Other examples can be found in IRS Publication 544, Sales and Other Dispositions of Assets, under the section “Foreclosures and Repossessions”.

6. I don’t agree with the information on the Form 1099-C. What should I do?

Contact the lender. The lender should issue a corrected form if the information is determined to be incorrect. Retain all records related to the purchase of your home and all related debt.

7. I received a notice from the IRS on this. What should I do?

The IRS urges borrowers with questions to call the phone number shown on the notice. The IRS also urges borrowers who wind up owing additional tax and are unable to pay it in full to use the installment agreement form, normally included with the notice, to request a payment agreement with the agency.

8. Where else can I go to get tax help?

If you are having difficulty resolving a tax problem (such as one involving an IRS bill, letter or notice) through normal IRS channels, the Taxpayer Advocate Service may be able to help. For more information, you can also call the TAS toll-free case intake line at 1-877-777-4778, TTY/TDD 1-800-829-4059.

In some cases, you may qualify for free or low-cost assistance from a Low Income Taxpayer Clinic (LITC). LITCs are independent organizations that represent low income taxpayers in tax disputes with the IRS. Find information on an LITCs in your area.

About The Author:

WWW.SELLQUICKFORCASH.COM has a team of highly trained Short Sale Experts who have established fantastic relationships with most banks. We will handle your short sale transaction for you giving you the peace of mind you are searching for. The short sale process is NOT a "do it yourself" project. To successfully negotiate a short sale with a bank takes an experienced and highly trained real estate agent as well as a skilled negotiator. Our advanced process is extremely organized and we conduct these short sales in the quickest time possible relieving you of the fear of Foreclosure! We are Arizona’s #1 Short Sale and Foreclosure Experts!

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Arizona Real Estate Market Report By Dr. Jay Butler Of ASU Realty Studies Delivers More Bad News To Arizona's Homeowners!

SellQuickForCash.com Brings You Another Arizona Market Report

Dr. Jay Butler of ASU Realty Studies has released his home sales report for March, and there is a ton of great insight on what is happening in Arizona's local market. We created graphs to help all of us see the downward trends year over year! Let's start with our favorite quote:

The median home price remained stable at $220,000, in contrast to last year's $265,470.

Now while it is true that month-to-month, the median was unchanged, it is clear that there was a 17% YOY drop. In most circles that brings words to mind like "crash" or "plummet"- not "stable".

Here's the graph:

No, "stable" is not the word that comes to our minds- "consistent", maybe?

Sales

Butler reports:

March is typically an indicator for the coming resale home season, and with 4,335 recorded sales it's showing signs of a continuing weak market. Even though it is an improvement over the 3,750 sales of February, it is significantly below last year's 5,385 sales and is the lowest March since 1996, with 3,270 sales.

It is plain to see that with a 19.5% drop in sales year-over-year, we think the market is not so much "continuing to be weak", but "continuing to deteriorate".

Butler states:

While there are many problems rising out of the hyper-resale market, many households were able to acquire homes with traditional financing, according to Jay Q. Butler, director of Realty Studies in the Morrison School of Management and Agribusiness at Arizona State University's Polytechnic campus.

"People who settled in their dream homes with manageable mortgage payments have little incentive or pent-up demand to change their housing investment. Thus, lower sales activity should not be unexpected," he said.

Butler may not jump right out and state that he does not expect lower sales activity, but we do. Last year March was the busiest month of the year, and in 2006, it was the second busiest. While it is possible that there might be a month or two that are busier than March this year, it is unlikely that there would be a significant increase over March sales, and it is our expectation, based on traditional seasonal patterns that most months would be slower.

His conclusion is surprising, given this frank assessment of the current situation:

During the last year, the housing market has been confronting issues derived from the hyper-market of previous years such as the subprime meltdown and overly ambitious investors. Unfortunately, there is increasing data, such as job losses and layoffs, that the economy is now weakening and will add further stress for the housing markets.

Butler also does a good job explaining what is driving the lower prices:

Capital is available for lower-priced housing, but lacking in the higher priced housing market. The recent rise in the FHA limit from $271,050 to $346,250 will help some move-up market activity. However, the non-conforming limit is expected to remain at $417,000, which will be of little assistance to the higher priced market.

Last year, 39 percent of the resale homes sold for more than $300,000, while it was 27 percent for March 2008. Homes selling for under $200,000 have increased from last year's 16 percent to a current 40 percent of the local resale housing market.

The following is the market breakdown sorted by city according to Butler:

The median square footage for a single-family home recorded sold in March 2008 was 1,770 square feet, which is larger than the 1,700 square feet for a year ago. In the townhouse / condominium sector, the median square footage was 1,160 square feet, which is larger than the 1,120 square feet reported a year ago.

In contrast to March 2007, recorded sales in the city of Phoenix decreased from 1,450 sales to 1,075, while the median sales price decreased to $185,455 from $228,000. Since Phoenix is a geographically large city, the median prices can range significantly such as $148,800 ($157,700 in February) in the Maryvale area to $263,500 ($260,000 in February) in the Union Hills area. The townhouse / condominium sector decreased from 400 to 195 sales and the median price decreased from $165,000 to $149,000.

The Scottsdale resale home market declined from 465 to 305 recorded sales, with the median sales price decreasing from last year’s $635,000 to $525,000. The median resale home price is $605,000 ($573,570 in February) in North Scottsdale and $260,000 ($254,000 in February) in South Scottsdale. The townhouse / condominium sector in Scottsdale decreased from 280 to 155 sales, and the median sales price decreased from $265,950 to $236,750.

The Mesa resale housing market declined from 620 sales a year ago to 450, while the median price fell from $242,700 to $200,000 ($208,750 in February). The townhouse/condominium sector also fell from 190 to 90 sales, while the median home price decreased from $158,400 to $144,000.

Glendale decreased from 355 to 260 sales, and the median sales price decreased from $248,250 a year ago to $209,750 ($202,000 in February). The townhouse / condominium sector decreased from 50 to 15 sales, while the median sales price increased from $148,850 to $155,000.

For the city of Peoria, the resale market declined from 255 to 190 sales, while the median price moved from $270,000 to $235,900 ($225,300 in February). The townhouse/condominium sector decreased from 35 to 20 sales, while the median price increased from $165,000 to $175,700.

In comparison to a year ago, the Sun City resale market declined from 150 to 100 sales, while the median sales price decreased to $182,500 from $200,000. Resale activity in Sun City West decreased from at 70 to 60 sales, and the median sales price decreased from $217,450 to $214,000. The townhouse/condominium market in Sun City decreased from 75 to 65 recorded sales, while the median home price decreased from $131,000 to $119,900. In Sun City West, activity stayed at 25 sales and the median sales price decreased from $190,000 to $130,970.

The resale market in Gilbert increased from 290 to 295 sales, and the median sales price decreased from $295,500 to $245,000 ($254,700 in February). The townhouse/condominium market declined from 15 to 10 sales, as the median sales price decreased from $200,000 to $176,450.

For the city of Chandler, the resale market declined from 380 to 325 recorded sales, with the median sales price decreasing from $293,850 to $234,000 ($245,000 in February). The townhouse/condominium market declined from 65 to 20 sales, and the median sales price went from $170,000 to $145,000.

The resale market in Tempe decreased from 125 to 100 sales, with the median sales price decreasing from $278,750 to $237,000 ($240,000 in February). The townhouse/condominium sector fell from 95 to 35 sales, and the median sales price decreased from $198,500 to $160,000.

The highest median sales price was in Paradise Valley at $1,750,000 with a median square foot house of 3,995 square feet.

In the West Valley, the following communities represent 14 percent of the resale market.

Avondale decreased from 100 to 90 sales, with the median price moving from $232,280 to $185,130 ($194,570 in February).

El Mirage increased from 40 to 60 sales, while the median home price went from $213,750 to $146,900 ($149,500 in February).

Goodyear went from 105 to 125 sales, while the median price decreased from $255,000 to $220,000 ($220,490 in February).

Surprise improved 250 to 285 sales, but the median price went from $241,500 to $205,000 ($213,740 in February).

It is clear to us that the market is still correcting and that prices are obviously falling. At SellQuickForCash.com, we expect these trends to continue for at least another 12-18 months. Why let the current market conditions determine when you can sell your home? Gain peace of mind and call us today at 602-626-3598 and speak with one of our Home Buying Specialists. We are Arizona's #1 Foreclosure and Short Sale Experts and can pay cash for your house fast! If you are trying to sell your house fast, then trust the experts at SellQuickForCash.com and CONTACT US today.

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Arizona Foreclosure Experts SellQuickForCash.com Created A System To Help Local Homeowners Avoid Foreclosure!

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• Difficult And Costly Divorce
• Lost A Job Or Had To Change Jobs
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• Bad Decision When Pulling Out Or Refinancing Your Old Loan

Maybe you're struggling with increased utility prices or fuel expenses or an adjustable rate mortgage (ARM) that is unbearable. Maybe you've already had to file bankruptcy or get a forbearance and the repayment plan is not working out. Maybe this is all a big mistake and the payments you've been sending were rerouted or lost because your mortgage has been sold or traded. Let us help you stop foreclosure and get back on track.

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Most Mortgage Companies will consider a Loan Modification, Deferment, Forbearance or a Repayment Plan as a first option to quickly bring the loan current. Our Foreclosure Specialists will use one of those options or perhaps a combination of those or any of the options below to develop your personalized strategy to stop Foreclosure.

• Reinstatement Plan
• Repayment Plan
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• Partial Claim

Some Solutions If You Can No Longer Afford Your Home, But You Do Not Want A Foreclosure On Your Record

• Pre-Foreclosure Sale
• Short Sale
• Deed-in-Lieu of Foreclosure

"Make no mistake.... to Stop Foreclosure you must act quickly and decisively. Your home will be sold unless you take the correct steps to satisfy the Mortgage Company and get your loan caught up."

We understand that each situation is unique and requires a custom solution to Stop Foreclsoure from a trusted expert. The best part about dealing with us, is we are a group of trusted experts that all contribute and play an important role on your foreclosure file. So when you chose to work with us, rest assured each team member of SellQuickForCash.com will get personally involved and collectively work towards a common goal...helping you avoid foreclosure fast!

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If you are currently behind on your mortgage payments, and facing foreclosure in Glendale, you may not realize that you have many options. At SellQuickForCash.com, we pride ourselves on our foreclosure experience, and can give you a free "How to Stop Foreclosure in Glendale, Arizona" consultation. Most times, we can do it directly over the phone and it could open your eyes to many solutions that you never even new existed! Don't fight the foreclosure on your own. Trust the experts at SQFC.com and call 602-626-3598 now!

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