The IRS and Foreclosures
So you escaped the huge house payment and got out from under it, or so you thought. If you thought you had problems when you could not afford the mortgage, you will really have problems with the Internal Revenue Service.
Many homeowners bought their house under creative financing terms such as interest only and variable rate loans. With the recent shakedown of the mortgage industry and rates adjusting, it can be a recipe for disaster for homeowners. You can owe the IRS in one of two ways, which we will discuss in detail.
When a bank forecloses on your property and sells it for less than what you had originally owed on it, then you are responsible for the difference, which is taxable.
The other way in which you will owe taxes is when the bank forgives part of the balance, this is taxable as well. In the eyes of the Internal Revenue Service, this is COD or cancellation of debt income or discharge of debt income, as it is often called.
The tax rate for any of the cancellation of debt is whatever your tax rate happens to be, anywhere from 10% to 35% depending on your tax bracket. Tax law mandates that the homeowner actually sells back their home to the bank with the proceeds going to the bank for their indebtedness.
Any of the debt owed beyond what was paid is cancellation of debt income, which is always taxable. Many homeowners, after some advice of a loved one or someone they trust, wrongly think they will not have to pay the IRS for their discharged debt, which is not the case.
The tax consquences should always be considered when turning your keys back into the bank, it is never as easy as it seems, and homeowners could potentially get a huge tax bill at the end of the year if they are not careful.
Many homeowners bought their house under creative financing terms such as interest only and variable rate loans. With the recent shakedown of the mortgage industry and rates adjusting, it can be a recipe for disaster for homeowners. You can owe the IRS in one of two ways, which we will discuss in detail.
When a bank forecloses on your property and sells it for less than what you had originally owed on it, then you are responsible for the difference, which is taxable.
The other way in which you will owe taxes is when the bank forgives part of the balance, this is taxable as well. In the eyes of the Internal Revenue Service, this is COD or cancellation of debt income or discharge of debt income, as it is often called.
The tax rate for any of the cancellation of debt is whatever your tax rate happens to be, anywhere from 10% to 35% depending on your tax bracket. Tax law mandates that the homeowner actually sells back their home to the bank with the proceeds going to the bank for their indebtedness.
Any of the debt owed beyond what was paid is cancellation of debt income, which is always taxable. Many homeowners, after some advice of a loved one or someone they trust, wrongly think they will not have to pay the IRS for their discharged debt, which is not the case.
The tax consquences should always be considered when turning your keys back into the bank, it is never as easy as it seems, and homeowners could potentially get a huge tax bill at the end of the year if they are not careful.
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