SEATTLE NEWS ARCHIVES & FEATURES

Tom Kelly: No tax on loan relief, if you can get it

Feb 20, 2012, 9:20 AM | Updated: Mar 4, 2016, 5:56 am

Due to the decline in housing prices, many home sales are “short sales” in which the purchase price offered by the buyer is less than the mortgage amount owed by the short-sale seller.

In a recent column, we discussed how some lenders go out of their way to grab both a tax deduction for the mortgage debt not paid while also attempting to go back to the seller and collect that same mortgage debt.

When a lender agrees to a short sale, it can either retain the ability to collect from the short-sale seller the amount of mortgage debt owed by the seller that is not satisfied by the purchase price, or it can discharge all or a portion of the unsatisfied debt amount.

If a lender discharges debt, it reports this discharge of debt to the Internal Revenue Service on a 1099-C Cancellation of Debt Form. The issuance of the 1099-C allows the lender to take a tax deduction for the loss represented by the amount of debt discharged, and this same amount of debt discharged becomes taxable income to the short-sale seller.

A lender is now able do one or the other, not both. Some consumers are confused how lenders can collect the mortgage debt owed after agreeing to the short-sale price. Others feel they are protected from the practice under a law passed five years ago.

In December 2007, Congress passed the Mortgage Forgiveness Debt Relief Act. This law provides some relief for homeowners who lose their house through foreclosure or short sales, or who restructure their mortgages with a lower principal amount. The law enables individuals to exclude from tax up to $2 million of certain mortgage debt canceled by lenders.

According to Nathan Gordon, government affairs director for the Washington Association of Realtors (WAR), some short-sale negotiations do not include language of the forgiveness – that the difference between what is owed and what is paid will actually be “forgiven.”


“In cases where, for whatever reason, that is not negotiated as part of the short sale, a recent court case ruled that even if the bank gives the borrower a 1099 they still can go back after the borrower for the remaining amount for up to three years, because both the bank and the borrower have up to three years to amend their IRS returns,” Gordon said.

“The Mortgage Forgiveness Debt Act really doesn’t speak to this specific point. The MFDA merely says that until the end of 2012, if you do get a 1099 from the bank as a result of a short sale, that you do not have to pay taxes on the forgiven amount even though it is technically unearned income”‘.

Gordon said the distinction to keep in mind is that currently a 1099 does not necessarily indicate that the debt is forgiven, just that, for the time being, the bank is writing it off as a loss on their taxes. WAR is backing legislation that would clarify all short-sale terms for the homeowner.

While you don’t have to pay tax on the forgiven amount, there is no relief or tax deduction for selling your home at a loss. There is no benefit for folks who bought at the peak or made expensive remodels, then had to sell in a hurry and actually got less for their home than the cash they had invested in it.

Uncle Sam will not let you show a loss on your primary residence if you sell for an amount less than the purchase price. If you’ve planned on writing that down on your 2011 federal return, think again.

Tom Kelly’s new E-book “Bargains Beyond the Border: Get Past the Blood and Drugs: Mexico’s Lower Cost of Living Can Avert a Tearful Retirement” is available online at Apple’s iBookstore, Amazon.com, Sony’s Reader Store, Barnes & Noble, Kobo, Borders Books, Diesel eBook Store, and Google Editions. It mirrors a recent article by CNN on the benefits of the country, including increased rental possibilities.

Seattle News Archives & Features

The Three Queens Fire near Snoqualmie Pass and Kachess Lake increased to more than 800 acres this w...

Tom Brock

Racing the Flames: Fast-growing wildfire forces evacuations near Snoqualmie Pass & Kachess Lake

A lightning-caused wildfire six miles west of Snoqualmie Pass is growing and threatening cabins at the north end of Kachess Lake.

3 days ago

The tiny eyes of about 20 cats are focused on a Tacoma police officer as he snaps a shot of them on...

Tom Brock

How 30+ cats survived on an abandoned Tacoma boat

Officers say they responded after receiving reports from people who spotted a lot of cats on a sailboat anchored just off Owen Beach, on the northern tip of Point Defiance Park

3 days ago

...

No Author

Win Tickets to See Gabriel Iglesias at Muckleshoot Casino Resort on August 29th!

Comedy fans, this is your chance to see one of the biggest names in stand-up live on stage! KIRO Newsradio and Seattle Sports are giving away a pair of tickets to see Gabriel Iglesias’s The 1976 Tour at the Muckleshoot Casino Resort Event Center. Event Details Date: Saturday, August 29, 2026 Time: 5:30pm & 9:30pm Venue: Muckleshoot Casino […]

4 days ago

Associated Press

Man charged with arson in Spokane, Washington, told police he planned wildfire for weeks

SPOKANE, Wash. (AP) — A Spokane County detective who interviewed the man accused of starting one of the city’s wildfires said the man confessed, described his planning process and explained how he created a device to ignite the blaze. Detective Michael Drapeau said in a court filing Wednesday that Aaron Farinacci told him that he […]

5 days ago

SWAT standoff Kent (1)...

KIRO Newsradio staff

VIDEO: SWAT standoff in Kent after assault suspect barricades in home

There is a SWAT standoff happening at a home in Kent.

6 days ago

Michelle Angstrom reacts to her burned down home and property after a wildfire hit the northwest pa...

Associated Press

Firefighters get a handle on Spokane wildfires as tens of thousands remain evacuated

SPOKANE, Wash. (AP) — Firefighters have taken advantage of cooler weather to begin getting a handle on wildfires that have displaced tens of thousands of people around Washington state’s second-largest city, but hotter, drier and breezier days lie ahead. Officials reported Wednesday that firefighters had established containment lines around the perimeters of all three fires […]

6 days ago

Tom Kelly: No tax on loan relief, if you can get it