The Mortgage Forgiveness Debt Relief Act and Debt Cancellation

There are many people wondering, if they owe a debt to someone and that person cancels or forgives the debt, is the canceled amount taxable as income next year? The answer is: it depends on the type of debt canceled. Generally, if a debt for which you are personally liable is forgiven or canceled, other than a gift, you must include the amount in your income. However, there are exceptions.

According to the IRS, the most common situations when cancellation of debt income is not taxable involve:

• Qualified principal residence indebtedness: This is the exception created by the Mortgage Debt Relief Act of 2007 and applies to most homeowners.
• Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
• Insolvency: If you are insolvent when the debt is canceled, some or all of the canceled 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.
• 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 canceled debt is generally not considered taxable income.
• 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.

Due to the current housing market, I am sure the exclusion of qualified principal residence debt forgiveness from taxable income is a sigh of relief for many. The Mortgage Debt Relief Act of 2007 generally will allow taxpayers to exclude this discharge of debt on their principal residence. Mortgage debt through foreclosure or debt reduced through restructuring will not be taxable for the calendar years 2007 through 2012. The maximum amount of qualified primary residence debt is $2million ($1 million if married filing separately).

For more information regarding debt forgiveness you may want to visit the IRS’s website or talk to a qualified tax professional.

Questions for the Tax Lady: May 10th, 2010

Check out the following new Questions for the Tax Lady answers and feel free to ask me questions through one of the links below. You can send me an email, direct message or @ reply, and I will do my best to get an answer for you!

Question #1: How much money do you need to make to benefit from itemizing your return?

There actually is no income range that will determine whether you would benefit more from claiming the standard deduction or itemizing your return. It all depends on how many deductions you qualify for. Add up the dollar amount of all the deductions in which you would qualify and if the total is higher than the standard deduction, you should itemize your return. If it is lower, then you should claim the standard deduction.

Question #2: I am in the process of filing bankruptcy. Will I need to include the resulting canceled debts on my tax return next year?

No. A taxpayer will not need to include debt canceled by bankruptcy if the cancellation of debt is granted by the court or occurs as a result of a plan approved by the court. None of the debt canceled in a bankruptcy case is included in the debtor’s gross income in the year it was canceled.

Unemployment Benefits, Canceled Debt Trigger Tax Bills

The last thing most of us want to think of in this economy is an unexpected tax bill. However, as Sandra Block of USA Today explains, financial hardships can often result in a tax bill instead of a refund. Block explained a few situations that can lead to owing taxes in this new article. You can find a few of her examples below.

Taxes on unemployment benefits. Millions of Americans who have been out of work for months are relying on unemployment benefits to put food on the table. In November, Congress extended benefits by up to 20 weeks for workers in states with high jobless rates.

But what many people may not realize is that some of those benefits are taxable. The economic stimulus package enacted last year excluded the first $2,400 of unemployment benefits from 2009 gross income. For unemployed married couples, each spouse is eligible to exclude up to $2,400 in benefits.

Taxpayers who receive unemployment benefits should receive Form 1099-G, which shows the amount of benefits you received for the year. You should report unemployment compensation that exceeds $2,400 on line 19 of Form 1040, line 13 of Form 1040A, or line 3 of Form 1040EZ.

Continue reading at USA Today.com…