Attorney David Stonehill
David N. Stonehill Co., LPA 400 Oliver Road
Cincinnati, OH 45215-2507
Telephone: (513) 739-7899
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AVOID INCOME TAX
ON
A SHORT SALE !
You may qualify to
exclude cancellation of debt income.
When you
finance the purchase of real estate, you sign two very important
documents: a promissory note and a mortgage. With the short sale of
real estate, your lender agrees to accept less than you owe upon the
promissory note, and to release its mortgage upon your real estate that
secures the note.
This
usually happens when the loan exceeds the value of the real estate.
Many lenders would rather have a quick sale and settlement than a
foreclosure. Because debt is forgiven, every short sale will create
cancellation of debt (“COD”) income.
If
you are involved in a short sale, you should receive from the lender a
Form 1099-C which reports the amount of debt that is being forgiven.
The IRS gets its copy. You include COD income as “other income” on your
federal income tax return. This increases your taxable income, and thus
your income taxes . . .
UNLESS you can claim a specific exclusion from the COD income. The
burden is upon you, the taxpayer, to claim a valid exclusion pursuant
to IRS regulations, and to fill out the forms and schedules completely
and accurately.
Congress today has pending legislation which excludes COD income from
short sales of principal residences, but not without qualifications,
elections and subsequent tax consequences. Many situations are further
complicated by other liens and debts, other depreciable real estate
holdings, and disputes about exactly what should be reported on Form
1099-C.
Plan
ahead. Act today.
This
is where I may be able to help you. If you are concerned about COD
income arising from a short sale or other debts, I advise my clients
about how they may avoid or postpone all or part of any additional
federal income tax liability.
CALL: (513) 739-7899
Or,
fill out this form and submit it to me. I'll get back to you
in about 24 hours with informaton that I hope you will find
helpful. Your information will be treated confidentially.
--Fill-In
Form:-------------------------------------------------------
Every
situation is unique. Not everyone qualifies for an exclusion. I will
discuss your circumstances in confidence, without any charge for my
initial consultation. You have no obligation to engage my services
during or after your initial call.
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Cancellation of Debt Income explained.
Discussion
about COD income and more examples.
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I,
David N. Stonehill, have prepared the materials that are presented on
this website on behalf of David N. Stonehill Co., LPA, my Ohio legal
professional association. My intent is to provide information about my
services offered to prospective clients, and to provide general
information about federal tax matters concerning IRS Form 1099-C.
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