Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 12 years ago,

User Stats

50
Posts
12
Votes
Kathryn K.
  • Real Estate Investor
  • San Pablo, CA
12
Votes |
50
Posts

Insolvency, 1099 debt forgiveness and future taxes

Kathryn K.
  • Real Estate Investor
  • San Pablo, CA
Posted

I have a co-worker who did a deed in lieu on a rental property and subsequently received a 1099 for the difference between what the bank sold it for and what she owed on it, which was 144K. In order to avoid huge tax consequences, her CPA filed for insolvency. The CPA said that the amount (144K) would be applied to any capital gains received if she eventually sold her primary residence at a profit ten years down the road.

Can anyone explain this? Does this mean she owes the 144K if she makes a profit on her primary residence or does this mean she owes tax on it if she makes a profit in the future?

Another question is what if she shortsales, forecloses or does a deed in lieu on her primary residence and buys another primary residence in the future? Will this 144K "follow" her to that residence also? How many years does this hang around affecting her potential to profit in the future?

Thanks to anyone who can shed some light on this subject. I'm hearing conflicting information from different sources.

Loading replies...