Hi Steven.. I'm a newbie here and stumbled upon this thread trying to find answers to my similar situation. Wondering if you could add a few tips for me:
I'm in escrow to short sell my rental property. I purchased it in 2004 for $391k, currently owe approx $359k (303k on 1st, 56k on HELOC), sale price is $160k. I was hoping to claim insolvency but just realized my 401k and IRA balances count towards assets so it doesn't look like I'd qualify (correct me if I'm wrong).
So basically if I understand your math correctly, I would be on the hook for taxes based on $39k: ($160k sale price + $199k forgiven debt) minus $320k adjusted basis ($400k purchase price/improvements - $80k depreciation since 2004). Would this be correct?
Here's an additional kicker: the house has been vacant since March 2012; it's not safe to live there, and I'm not delinquent. My accountant seems to think I cannot claim it as a business since I wasn't "actively" seeking renters. How does play into my tax situation? Thanks!