Legal Question in Tax Law in Florida

As of 6/7/10,I have not received an answer to my question,to wit: if a short-sale transaction is approved,and the Lender agrees,to accept the short pay as"paid in full. I would assume that the Lender would then issue a 1099-C. But, how would the IRS treat the debt forgiveness(ie: as a gift)thus triggering a taxable event for the homeowner?


Asked on 6/11/10, 1:13 pm

2 Answers from Attorneys

Leon Ferraez Ferraez, LLC

There is an IRS regulation that states that when debt is 'forgiven', then the amount that was forgiven will be treated as income for income tax purposes. If you think about it, you received that amount but did not have to give it 'back'. You received the benefit of it.

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Answered on 6/11/10, 4:19 pm
Mark Anderson Mark Anderson, Attorney at Law, PLLC

Hello:

You might want to check out this link:

http://taxes.about.com/od/income/qt/canceled_debt.htm

You should also consult with your CPA or whomever does your taxes.

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Answered on 6/11/10, 5:50 pm


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