Does a FORECLOSURE on a rental property qualify as a fully taxable disposition?

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Some landlords find themselves in a precarious situation when their rental properties consistently generate losses, leading to financial strain. In dire circumstances, this strain can escalate to foreclosure proceedings due to the inability to meet mortgage payments. But what are the tax implications of such a situation? According to the IRS Office of Chief Counsel, a foreclosure on a rental property does indeed constitute a fully taxable disposition, potentially releasing previously suspended rental losses for deduction.

Consider a scenario where a landlord purchases a property for $1 million, financed entirely through a mortgage. Over three years, the rental property accumulates $100,000 in net passive losses, which remain suspended due to the absence of passive income to offset them. Fast forward four years, and the landlord defaults on the mortgage, leading to foreclosure. At the time of foreclosure, the property's value has depreciated below its initial purchase price. Consequently, the lender cancels $75,000 of the landlord's debt.

In light of this situation, the IRS Chief Counsel provides guidance indicating that the foreclosure constitutes a taxable disposition of a significant portion of the landlord's interest in the property. As a result, the previously suspended $100,000 in passive losses can now be treated as losses from nonpassive activities. This means they can be deducted from the landlord's other nonpassive income, even though $75,000 of the debt was cancelled by the lender. Notably, the landlord is able to exclude the cancelled debt from income due to insolvency at the time of foreclosure. checkout this IRS publication to learn more: https://www.irs.gov/pub/irs-wd/1415002.pdf