TAX BREAK FOR MORTGAGE DEBT FORGIVENESS
LA Times: 12/20/07

President Bush signed into law today a new measure giving tax breaks to homeowners who have mortgage debt forgiven. Under preexisting law, the debt forgiven by a lender, such as for short sales and refinances, was generally taxable to the borrower as debt discharge income.

With the passage of the Mortgage Forgiveness Debt Relief Act of 2007, a taxpayer does not have to pay federal income tax on debt forgiven for a loan secured by a qualified principal residence defined as a property owned and used as a principal residence for at least two of the last five years. .

This tax break applies to debts discharged from January 1, 2007 to December 31, 2009. Qualified principal residence indebtedness is debt incurred in acquiring, constructing, or substantially improving the residence (up to $2 million for refinances).

* For purposes of calculating capital gains, any debts discharged excluded from income under the new law must be subtracted from the basis of the taxpayer's principal residence (but not below zero). However, taxpayers may generally exclude from capital gains income up to $250,000 (or $500,000 for married couples filing jointly) for properties owned and used as their principal residence for at least two of the last five years.

* Tax law and credit evaluation are complex
and outside the scope of real estate sales. 
Real Estate Agents do not advise or counsel on legal, tax or credit matters.

Consult a professional tax accountant, tax lawyer and/or credit counselor
to explain how delinquency settlement by way of
Short Sale, Deed in Lieu of Foreclosure and Foreclosure
will affect your taxes and credit. 

The REMERGE Short Sale Team