End is nigh for certain tax exemptions:
Currently, any debt forgiven by a lender in a short sale, loan modification, or foreclosure is exempt from federal taxation. However, that exemption is scheduled to expire Jan. 1, 2013.
Making sense of the story
- Borrowers will have to count mortgage relief
from lenders as income on their federal tax returns, if the exemption is
allowed to expire. That means, for example, a borrower would have to
pay taxes on a $100,000 reduction in principal owed on a loan, or a
$20,000 write-off in the amount owed after a short sale.
- An extension of the tax exemption –
established under the Mortgage Forgiveness Debt Relief Act of 2007 – is a
strong possibility. But given that Congress will have to grapple
with serious fiscal issues after the November elections, there is no
guarantee the exemption will emerge from those negotiations intact.
- The Debt Relief Act exemption applies only to
canceled mortgage debt used to buy, build, or improve a primary residence,
not a second home. The maximum exemption is $2 million.
- Reinstating the tax would undercut the the
effect of the National Mortgage Settlement reached earlier this year in
the federal government’s investigation into banks’ mishandling of
foreclosure documents.