On December 20th, Bush signed into law a measure that will change the tax effects for a homeowner in foreclosure. These are critical changes that may change your client’s outlook on a deal (in fact…maybe you lost a deal last year because of this tax burden…it may not be too late to call that client back and revive the deal!)
In a nutshell: If a homeowner who was in foreclosure worked out a short sale agreement with their lender, the amount of debt that the lender “wrote off” is considered as ordinary income to the seller. That means if you negotiated a $50,000 reduction in the payoff to help get the property sold, that seller would have to claim that $50,000 as taxable income on their tax returns (resulting in a potential tax bill between $7,500 and $17,500). Some sellers decided NOT to sell on a short sale for this very reason…but that’s where this new law comes in!
It makes that “income” from written off debt NOT TAXABLE to the seller! Here’s some key points:
– Only applies to their principal residence, not 2nd home/vacation/rentals/speculation
– Effective for debts discharged between Jan 1, 2007 and Dec. 31, 2009
– It applies to debt for acquisition, construction, or substantial improvement to the property. This means that if someone had refinanced and taken cash out or paid debts off, then the forgiven debt WILL be taxable.
– Forgiveness is limited to $2,000,000 (I think we’re OK there!)
– The amount of forgiven debt will be reduced from the sellers basis in the house. Most sellers will still be able to sell with no capital gains bill as long as they’ve lived in the house for at least 2 years, but people in their homes less than 2 years may still have a surprise!
Cool Part of the Law #2: Another thing that was in this new law that you will probably like…an extension of the tax deductibility of Private Mortgage Insurance (you know, that monthly bill your clients pay when they don’t put down 20% on a home mortgage!). This extension is good through Dec 31, 2010, and again is only applied to acquisition mortgages on a “qualified residence”
Cool Part of the Law #3: And one last part that might apply to your clients…if a client’s spouse dies, they now have 2 years from the date of the death to sell that home and take the full $500,000 exclusion for a couple in a primary residence. After that time, they will only be entitled to the single person’s $250,000 exclusion on the gain they received from the sale. It used to be only in the year of the death, which would be difficult if they passed away towards the end of the year.
Please remember, I am NOT an accountant, and I am not giving you or your clients legal or accounting advice, and neither should you! Anytime you have a client that asks you about the tax ramifications of ANY deal, refer them back to their CPA or attorney for advice.
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