- A Deed in Lieu of Foreclosure and Form 1099a – What You Need to Know
A deed in lieu of foreclosure is a legal proceeding where a homeowner transfers all ownership in their property to the lender to avoid foreclosure. They transfer the deed and poof!! No more foreclosure. Now the lender holds the property and the previous mortgage holder has no more mortgage debt (on that property). Obviously the value of the property must exceed the level of debt for this scheme to work. Generally there should be a written communication from the mortgage holder to the lender expressing a desire for such a proceeding. This prevents the mortgage holder from later experiencing buyers (sellers?) remorse, deciding they didn’t get such a good deal after all, and making a claim against the lender.
Typically the lender will require every avenue toward sales of the property be exhausted before they’ll consider a deed in lieu of foreclosure alternative, so don’t get your hopes up yet. These types of transactions are becoming more difficult to get approval for with many lenders in the last year. The lenders feel they are too one sided and there are too many problems they may have to deal with.
How does giving up your deed in lieu of foreclosure affect you for tax purposes? As usual the IRS has a say in the matter, and you could have some tax liability associated with the transaction; once again, the boys and girls over at revenue giving you a bit of kick when you’re down, so to speak. From their side of the coin, it looks like the cancellation of debt that occurs is the same as income, and that must be declared. In many cases, there ways to eliminate some or all of the tax liability associated with giving up your deed in lieu of having your home foreclosed upon.
If you have debt forgiven in a DIL, you will receive a form 1099a from your pals at the IRS. The actual title of the form is “Acquisition or Abandonment of Secured Property”. As the title implies it deals with the tax consequences of what amounts to abandoning your property.
Note that the 1099a for a debt in lieu is not the same as if you actually had your debt forgiven through the foreclosure process. In that case you’d receive a Form 1099c “cancellation of debt”. With a 1099a for the DIL, if, for example, you had a property that you owed $250,000 on and you traded the deed to avoid foreclosure, you would owe the difference between the fair market value and the outstanding debt. According to the IRS, this applies if the amount in box 4 (fair market value) is less than the amount in box 2 (debt owed to the lender(principal only)).
Here’s the explanation according to the IRS:
“When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven or the property is abandoned or foreclosed, the amount you received as loan proceeds is reportable as income because you no longer have an obligation to repay the lender and/or you may be unable to pay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-A, Acquisition or Abandonment of Secured Property, or Form 1099-C, Cancellation of Debt.”
In the eyes of the IRS you receive proceeds through this process, as you no longer have a liability (the outstanding balance on your mortgage) on your personal balance sheet. The value of this cancellation is viewed as compensation, so you are taxed at the income tax rate. To add insult to injury, this income could very well push you into a higher tax bracket, making you have a greater tax liability than you would have otherwise.
This is definitely an area where you want the advice of a qualified tax attorney or accountant. The professional you choose should have expertise in this particular area of tax and real estate. The last thing you want is to trade a foreclosure on your house for a tax problem with the IRS.
How to eliminate some or all of your tax liability when proceeding with a deed in lieu of foreclosure –
One way you may be able to get around owing more tax is if you can prove that you’re insolvent, or you can declare bankruptcy. To prove insolvency or bankruptcy to the IRS’s satisfaction you have to fill out IRS form 982 (yes, another IRS form). As pursuant to the terms of the Mortgage Forgiveness Debt Relief Act of 2007 that went into effect in December, the first $2 million of the primary mortgage amount is immune from tax liability should it be forgiven. Note that the Mortgage Forgiveness Debt Relief Act only applies to your primary residence, as defined in IRS section 121.
Once again, this is definitely an area where you want the advice of a qualified tax attorney or accountant (I’m neither) before deciding on your best course of action.
Hopefully none of this applies to you and you’re (more or less) happily making your mortgage payments on time; foreclosure is not in your future. Let’s just hope the price of gas doesn’t keep going up and you have to decide between your mortgage or filling your gas tank.
Many people have tax return questions. The day after actor Wesley Snipes got sentenced to 3 years in the slammer for failing to file a federal income tax return seems like a great day to discuss come of these. After all, maybe he didn’t file his tax return for three years because he had some questions and just couldn’t get answers to them. I wouldn’t want that to happen to any Debt Free readers!
What happens if the Bush tax cuts “for the wealthy” expire, which would make many members of Congress giddy as a 12 year old girl at a Jonas Brothers concert? Entertainment preferences of our Nation's youth notwithstanding, the day after the last of you stragglers sent off your taxes is a great time to revisit such tax related issues. What happens if those Bush tax cuts do expire? Who really cares how they affect the wealthy, I'm selfishly more interested in how they'll affect the average American. After all, if they're “for the wealthy” the cuts or lack of them won't really affect me (or most likely you either) all that directly anyway.
Well, you all know what day it is, so here's the obligatory tax related post from Debt Free. What if you're one of those “pulling the cart” as it were, and you don't have quite enough to pay your taxes this year? If you owe taxes what should you do?
It's one of the most common retirement planning questions; What are the consequences of early withdrawal from my 401k plan? If you've reached that station in life where you're ready to jump into the Prevost and head to Scottsdale for a few rounds of golf, you may want to withdraw some of your 401k funds to finance the trip. This could trigger some problems for you financially unless you are one or more of the following:
IRS tax deductions are the subject of nearly as many urban legends as the dusty Shelby Cobras found in an old garage, the Loch Ness Monster and Microsoft. As much as tax payers would wish they were true, there are some deductions that we just can’t take. The problem is that unlike believing the latest conspiracy theory regarding the business practices of Bill Gates, believing misinformation about tax deductions can get you into trouble with the IRS. Here are some IRS tax deductions you really can’t take.
On average, about 40% of every dollar you make isn't yours to spend. It goes to the government for a variety of reasons in the form of taxes. Now, don't get me wrong. Taxes are an essential part of a civilized society. We look to our Federal, State and local governments to provide us with any number of things, from transportation, research, and national defense, to law enforcement, public safety and schools. As a civilized society, we expect them to efficiently (we may be a bit idealistic) provide us with just that.
Rep. John Dingell (D-MI) has unveiled his latest strategy to suck money from your wallet (and mine) in the form of a comprehensive tax increase package that promises to strip away one of the last tax breaks enjoyed by average Americans. To add insult to injury, he's proposing to increase federal gas taxes by an astronomical 272% for good measure. Of course he's doing this using the second favorite excuse of those who would raise your taxes, behind “it's for the children”, using instead, ”it's for the environment”.
In the egalitarian dream that is rapid transit, the one fact that always seems be omitted from supporters mouths as they expound on the benefits of such projects is the astounding magnitude of cost over runs and the fact that few of these projects ever finish even close to their initial completion date. To make matters worse, many of these mass transit projects fail to encompass even close to the scope of the original project. The Big Dig, the Puget Sound's Sound Transit, Chicago Transit Authority, and the Los Angeles MTA are somewhat famous for the scope of the cost overruns and delays plaguing the ambitious projects.
Too many people feel their vote doesn’t count. The number of elections in this country decided by a sliver should dispute this notion, but wouldn’t it be great if there was a way to get your vote to count for 2 or 3 times what is usually does? You may still feel that your vote doesn’t count, but then you’d be twice or three times as wrong as usual with such a statement.
Everyone seems to complain about how much of their annual budget is spent on health care these days. Many long for either nationalized or single payer systems like most other industrialized nations seem to enjoy. The list is long and distinguished; Canada, England, Sweden, Australia, etc. Citizens of those nations simply have better health care available to them and they haven't a worry about paying for it. That would be great for us too, free health care. We should all enjoy something like this. After all, everyone has a right to health, and we should take care of seeing to it that everyone enjoys their right to health care.
Although some investors may be able save big on capital gains taxes for the next 3 years, only a few will be so blessed. If you’re at, or close, to the bottom of the income ladder, you’ll be able to save 100% on your capital gains taxes. Don’t drop your lunch though; those eligible for the savings aren’t the ones in the 15% capital gains tax bracket. If you are currently paying 5% on capital gains, you’ll be able to forego chipping in for a while, but you have to do your homework first. Remember, there are long term capital gains and short term capital gains. Short term capital gains are those from investments held less than 12 months. These are taxed at your income tax rate, which is almost always greater than the capital gains tax rate.
At the time, it seemed like a great idea. Stop those that make a ton of money from skipping out on paying their fair share of taxes and transferring their burden to other American taxpayers. Congress' answer to these guys was the Alternative Minimum Tax. It was pretty logical, remove the loopholes and deductions the high income tax payers were using to pay virtually no, or no taxes. By 2010 however, the “great idea” will trap an estimated 17 million American taxpayers, and I bet most of those aren't rich by any stretch of the imagination. I posted about the AMT last year, and it's time to reexamine it once again. Maybe I should have done this a few months ago, but oh well, here goes.

Quick, say “the Economic Growth and Tax Relief and Reconciliation Act of 2001”. It's quite a mouth full, which is why most people say either “the Bush tax cuts” or “the Bush tax cuts for the wealthiest Americans”, depending on which side of the isle you sit on. Notice “the Bush tax cuts for the wealthiest Americans” is still quite a mouthful. That's really not important right now. What is important is that the economy has actually grown in the intervening 5 years to the point that, even as tax rates have fallen, total tax revenue has actually risen. According to the Congressional Budget Office, in 2003 individual income taxes brought in $793.7B to federal coffers. That figure increased to $927.2B last year.
The year was 1969. There was Free Love, the Hait, cheap gas, cars with big V-8s, and a growing unrest in America. Lurking in the background was what became one of the most insidious pieces of legislation ever to be perpetrated upon the American people. The country was focused on the war in Vietnam, and apparently, the 155 Americans that made over $200,000 in 1966, but paid no income taxes. Dutifully, our Congress decided that the injustice must be fixed.