Foreclosed? Here comes the tax man
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The state, which has endured some of the worst price declines and foreclosure rates in the nation, did follow the federal lead when it passed the original debt forgiveness bill, but the state only authorized the relief for the 2007 and 2008 tax years. There have been successive legislative efforts to extend relief through 2009, but none have succeeded. One attempt at passing an omnibus "conformity" bill resulted in a veto by Gov. Schwarzenegger for reasons having nothing to do with mortgage debt forgiveness. The governor objected to a different provision covering erroneous tax reporting by businesses. Confusion and anxiety is running high, according to Rocky Rushing, chief of staff for democratic state Sen. Ron Calderon, who is spearheading new legislation. His office has fielded many calls from unhappy taxpayers. "We've heard about tax bills in the thousands of dollars," he said. Update, 2018Mortgage Forgiveness Debt ReliefTax Years 2014 through 2016 The federal Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from forgiven debt on their principal residence and provisions of this Act were extended to the 2014 tax year. There was a recent effort to conform California law to federal law during the 2015-2016 legislative session; however, the legislation did not pass. IF THEN You owe a debt to someone else. AND They cancel or forgive that debt. The forgiven amount may be taxable. Debt is reduced through mortgage restructuring. OR The mortgage debt was forgiven in connection with a foreclosure. You may qualify for Federal relief. Your debt was discharged before January 1, 2014, but on or after January 1, 2007. Similar relief for state taxes is available. Is 2014 (and later) mortgage debt forgiveness taxable for CA purposes? To answer that question, you must first determine: IF THEN The cancellation of debt originates from nonrecourse or recourse debt forgiveness. Generally speaking, nonrecourse debt forgiveness does not result in a tax liability from Cancellation of Debt Income (CODI). However, a portion of recourse debt forgiven in 2014 may result in CODI, and therefore may be taxable. The debt is recourse; do any exceptions or exclusions apply? There are two common conditions that allow a taxpayer to exclude CODI from their taxable income. The discharge occurred in a Title 11 bankruptcy. The taxpayer was insolvent when the discharge occurred. For more information about these and other exclusions, please see IRS Publication 4681. That publication also contains a worksheet to help calculate the extent to which a taxpayer is insolvent immediately before the debt cancellation. Franchise Tax Board's Conformity to the IRS As of October 16, 2015: California law remains out of conformity with the federal statutory exclusion for certain discharges of qualified principal residence indebtedness for discharges of indebtedness occurring on or after January 1, 2014. Therefore, IF THEN Federal A discharge of qualified principal resident indebtedness occurred on or after January 1, 2014, and before January 1, 2015. The mortgage debt forgiveness was extended an additional year to provide relief to qualified taxpayers. California Any discharge of qualified principal resident indebtedness income from a discharge of qualified principal resident indebtedness that occurred on or after January 1, 2014, and before January 1, 2015, which is excluded for federal purposes. The debt may be required to be included in the taxpay Suggested Reading
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