1099 to seller after short sale???

Question

I'm hoping to find more information about a seller receiving a 1099 and being responsible for income taxes for the difference between the sale price and the outstanding mortgage during a short sale. Does this always take place, the seller receiving a 1099 and needing to claim this as income? Is there any other filing a seller might be able to do to offset this? Of course I would recommend they speak to their tax advisor, just want to be sure I'm understanding this correctly prior to signing a purchase agreement so the seller doesn't get a nasty surprise at the end of the year by me not telling her about this. 
Thanks

(edit) seems I found this answer in another area on here....and if correct. The seller may not even receive the 1099 but regardless WILL be responsible for that amount as received income. Depending on their situation and tax advisior will determine whether it can be exempt income, or whether they will be responsible for taxes on that amount. Correct???

Oh, is there a "search" function on this forum? Sorry.....new member finding his way around  :roll:

Account Closed · Answer

Great points. By true short sale I was talking about a deal where the lender formally agrees to take less than what is owed and they close out the note plus release the lien. Very much what you are suggesting. You just said it better.

John Corey

Greg E · Answer

John -  Not sure what you mean by "true short sale".  I would leave nothing to chance - get the lender-servicer to state in writing that they will accept the proceeds from the short sale and release the mortgagor from any further liability under the terms and conditions of the promissory note.

There have been some comments I have read on forums about lenders stating that they will reconvey the security instrument only - and consider the note still collectible for the unpaid balance.  Perhaps that is just sabre-rattling on their part.  But take no chances.

Skylar Howard · Answer

Check out this link.

http://www.whitehouse.gov/news/releases/2007/12/20071220-3.html

C Folland · Answer

If it is a sale, there will always be a 1099s filed for a real estate transaction because closing agents are required by law to submit them, thus, the government will always be aware of the sale and the price.  It is important to discuss the issue with your accountant, who should be familiar with real estate, to prepare for and determine the outcome.

G. F. · Answer

House Passes Tax Relief for Homeowners in Foreclosure (Update1)

By Alison Fitzgerald and Ryan J. Donmoyer

Oct. 4 (Bloomberg) -- The House approved today a measure to protect mortgage borrowers from getting a surprise tax bill from the Internal Revenue Service after a lender has foreclosed on their home.

The bill, which still must pass in the Senate and be signed by President George W. Bush to become law, would prevent the IRS from taxing any debt forgiven in a foreclosure as income at rates as high as 35 percent. The legislation would be retroactive to Jan. 1, sparing many of those who lost their homes to foreclosure this year from a surprise tax bill if their mortgage was canceled.

``This is a common-sense bill that eliminates the double whammy of someone losing their home to foreclosure and then facing an additional tax bill right when they're down on their knees anyway,'' said Representative Dennis Cardozo, a California Democrat who said he represents ``the foreclosure capital of the United States.''

The measure passed by a vote of 386 to 27.

More than 2 million Americans are likely to lose their homes as low introductory interest rates on mortgages are reset to higher levels and borrowers struggle to make payments, according to the Center for Responsible Lending, a research organization in Durham, North Carolina.

At the end of last year, there were 7.5 million subprime mortgage borrowers with $1.4 trillion in loans, the group said. Tighter credit and higher borrowing costs threaten the housing market, which has been an engine of U.S. economic growth.

Second Homes

``It is unfair for a family to have to pay a tax on their income that they simply do not receive,'' Representative Kathy Castor, a Florida Democrat, said today. ``Relieving families of this tax burden is the least we can do.''

To pay for the tax relief, the lawmakers approved rules making it harder for people to exclude as much as $500,000 in profit from capital-gains taxes on the sale of second homes. The provision would raise $2 billion in additional taxes over the next decade, according to an estimate by the congressional Joint Committee on Taxation.

Industry trade groups including the National Association of Realtors, the National Association of Home Builders and the Mortgage Brokers Association, which want homeowners to be protected from taxes on forgiven debt, support the measure. The measure also would extend the tax deduction for private mortgage insurance.

Permanent Versus Temporary

The changes approved by the House today would be permanent, going against a request by the Bush administration that they last only three years to address the current housing market crisis. Michael Desmond, tax legislative counsel at the Treasury Department, said last week that the Bush administration would back the measure anyway.

Bush issued a statement saying he applauded the House action.

``I urge the Senate to swiftly consider this legislation and make it temporary,'' the statement said.

Some Republicans who supported the bill overall said they would have preferred the provision be temporary and objected to raising the taxes on the sale of second homes.

``I for one don't believe we should raise taxes on one family to cut taxes on another,'' said Representative Eric Cantor, a Virginia Republican. Louisiana Representative Jim McCrery said the provision could hurt housing markets in coastal communities.

Tightens Qualification

The realtors association told lawmakers in a letter last week that the vacation-home provision ``does not eliminate any tax benefit but rather tightens the requirement'' for qualifying for the exclusion from capital-gains taxation on the sale of a home.

U.S. law generally allows married homeowners to exclude as much as $500,000 in profit on the sale of a second home, provided the owners have lived in it for at least two out of the previous five years. Amounts above $500,000 are taxable at rates as high as 15 percent. The exclusion amount is $250,000 for unmarried homeowners.

Americans who own two homes frequently sell one and live in the other for two additional years to claim the benefit twice, which is permissible.

The proposal adopted today would let only a portion of the profit on a vacation home be excluded from tax, depending on how long the property has been owned rather than lived in.

For example, if a married couple owned a vacation home for eight years, then lived in it for two years before selling, only 20 percent of their profit would be eligible for the capital- gains exclusion.

Last Updated: October 4, 2007 19:53 EDT

Source: Bloomberg News

Account Closed · Answer

If the lender is agreeing a true short sale there will be no deficiency judgment.

Second, the tax impact of any debt forgiven is not tied to any discussion concerning deficiency judgment. If a borrower receives debt relief they owe taxes on the amount forgiven until they agree something different with the IRS.

John Corey

N/A N/A · Answer

Another way to possibly getting around the deficiency judgement is to put inside of the purchase contract that is agreed upon for the short sale, that the bank will not grant a deficiency judgement to the seller.

N/A N/A · Answer

DISCLAIMER: I am not a tax accountant or attorney, nor did I stay at a Holiday Inn Express Last night. IOW, check with someone who knows what they are doing first.

By filling out something like an Insolvency Worksheet and returning it with their tax form or filling out IRS Form 982.

Here is some good information, it's a flyer with a worksheet at the end:

Debt Cancellation Flyer
IRS Form 982

In addition, as a service to the seller, I would hope you would get the bank to accept payment in full without pursuit of any deficiency judgment.

Here's a quick article explaining that:

Deficiency Judgment Article

The only thing I'm not sure about with that article is they talk about giving the seller some cash. I'm not sure how legal that is.

Account Closed · Answer

1. Lenders will many times not send out the 1099c.

2. The borrower who no longer owes the money does owe tax even if the 1099c is not received/filed. It is income and taxes are due.

3. The IRS will forgive the tax due if the borrower meets specific requirements. There is a page on the IRS website that spells out the details. When I read the page last year it was pretty clear.

4. Yes, there is a search feature on the site. More or less as you would expect expect no real advanced way to search.

John Corey

Don Sheppard · Answer

Definitely Minna, I wish to do this as I've done my remodel business...up and up with who I'm dealing with, knock on wood I've never had a job go bad that way. I'm currently trying a short sale, just got off the phone with the seller after having met her this weekend, authorize to release info is filed with the lender so hoping they get out their short sale package soon. Anyway, I explained the 1099 and paying taxes on income and she's fine with it, I told her it would likely happen and in her case she'd have at least $90k on that 1099. Guess I'm just surprised that she really isn't concerned with that if we can just keep the foreclosure from happening.