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Short Sale No More State Tax On Forgiven Debit

Posted by James Trammell on April 28, 2010 at 12:36 AM


 Real Estate News | Permalink 

Published: Friday, April 23, 2010


Concerned homeownersno longer have to disburse California state income tax on debt forgiven in a short sale, forclosure, or loan modification. On the 12th of April, the Senate Bill 401 by and large supports California's tax management of mortgage debt relief income with federal law. For debt forgiven on a loan protected by a "qualified principal residence," borrowers will nowadays be excused from both federal and state income tax consequences. The existing federal exemption is for debtedness up until $2 million, while the most recent California exemption is for indebtedness up to $800,000 and forgiven debt up to $500,000.


"Qualified principle residence" indebtedness is classified as debt gained in attaining, constructing, or significantly enhancing a principal residence. It incorporates both first and second trust deeds. As well as refinance loan to the extent the finances were expended to pay off a prior that would have qualified.


The tax breaks relate to debts released from 2009 all the way through 2010. Californians who have already filed their 2009 tax returns can obtain the exemption by filing a form 540X amendment.

For those who are not eligible for the above discharge (e.g., second home or rental property) may possibly be exempt under other stipulation. Taxpayers who are bankrupt are exempt from debt relief income tax. Additionally, taxpayers that are insolvent are exempt from debt relief income tax to the degree their present legal responsibility surpasses current assets.


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