Tammy Mitchell Hines & Co. House to Home Newspaper Apr. 2014 Edition | Page 2
Hanover Estates
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EXT 2956
ON THE HOME FRONT
FORGIVEN LOAN DEFICIENCIES
Become Taxable Again in 2014
by Ilyce Glink and
Samuel J. Tamkin
Q: My home was foreclosed on in 2013.
I received a 1099-A with the fair market
value listed as $105,000. My local county tax
website records show the foreclosure sale at
$139,753. These are very different numbers to
use when filing taxes for 2013. I am not sure
what to do.
A: Form 1099-A is the form the bank
uses to report to you and the IRS certain
information relating to your foreclosure. The
important information is the amount of the
debt you owed and the fair market value of
the home.
This form would be used by you to
determine any phantom income tax you
might owe. That is to say, when you lost the
property and your lender forgave your debt,
the difference between the value of the home
and the amount of the loan that was forgiven
(where the debt is higher) would be considered
income to you.
If your home was your primary residence,
and you went into foreclosure before the end
of 2013, you won’t have to worry about paying
2
$105,000 and the foreclosure sale reflected
the amount owed to the lender on the loan
at $139,753, the deficiency or difference is
$24,753. That deficiency would be considered
income to you under normal circumstances, as
well as if this property was your second home
or an investment property.
For homes that went into foreclosure
(or were subject to a short sale) in 2013,
borrowers needn’t worry about taxes on the
forgiven deficiency if this home was a primary
residence. If the home in question wasn’t
your primary residence, the 1099-A form will
indicate the amount of the debt you owe and
the difference between those numbers will be
income to you and increase your tax bill to
the IRS. You’ll have to talk to the person that
helps you with your taxes to see if there are
other exceptions you may use to avoid paying
tax on that money.
But based on your letter, you probably are
fine and don’t need to do anything other than
give the form to your tax preparer and tell him
you lost your primary residence in foreclosure to
your lender.
tax on this phantom income. That phantom
income is exempted due to a law that lapsed
as of January 1, 2014. Homeowners who
lose their homes in 2014 may have to pay
income taxes on the deficiencies (the difference
between what was owed and what the home
ultimately sold for) forgiven by their lenders.
Consider this: If your lender lists the fair © 2014 Distributed by McClatchy-Tribune
market value of your primary residence as Information Services
Publisher
Tammy Mitchell Hines
Managing Broker
Assistant
Sherrie Snow
Tammy Mitchell Hines & Co.
207 N. Main Street, Suite 101,
Columbia, IL 62236
6797 N. High Street, Suite 213
Worthington, Ohio 43085
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