What is the Mortgage Forgiveness Debt Relief Act of 2007?
The Mortgage Forgiveness Debt Relief Act of 2007 was enacted on December 20, 2007 (see News Release IR-2008-17). Generally, the Act allows exclusion of income realized as a result of modification of the terms of the mortgage, or foreclosure on your principal residence.
What does exclusion of income mean?
Normally, debt that is forgiven or cancelled by a lender must be included as income on your tax return and is taxable. But the Mortgage Forgiveness Debt Relief Act allows you to exclude certain cancelled debt on your principal residence from income. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.
Does the Mortgage Forgiveness Debt Relief Act apply to all forgiven or cancelled debts?
No. The Act applies only to forgiven or cancelled debt used to buy, build or substantially improve your principal residence, or to refinance debt incurred for those purposes. In addition, the debt must be secured by the home. This is known as qualified principal residence indebtedness. The maximum amount you can treat as qualified principal residence indebtedness is $2 million or $1 million if married filing
separately.
Does the Mortgage Forgiveness Debt Relief Act apply to debt incurred to refinance a home?
Debt used to refinance your home qualifies for this exclusion, but only to the extent that the principal balance of the old mortgage, immediately before the refinancing, would have qualified. For more information, including an example, see Publication 4681.
How long is this special relief in effect?
It applies to qualified principal residence indebtedness forgiven in calendar years 2007 through 2012.
Is there a limit on the amount of forgiven qualified principal residence indebtedness that can be excluded from income?
The maximum amount you can treat as qualified principal residence indebtedness is $2 million ($1 million if married filing separately for the tax year), at the time the loan was forgiven. If the balance was greater, see the instructions to Form 982 and the detailed example in Publication 4681.
If the forgiven debt is excluded from income, do I have to report it on my tax return?
Yes. The amount of debt forgiven must be reported on IRS Form 982 and this form must be attached to your tax return.
Do I have to complete the entire Form 982?
No. Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Adjustment), is used for other purposes in addition to reporting the exclusion of forgiveness of qualified principal residence indebtedness. If you are using the form only to report the exclusion of forgiveness of qualified principal residence indebtedness as the result of foreclosure on your principal residence, you only need to complete lines 1e and 2. If you kept ownership of your home and modification of the terms of your mortgage resulted in the forgiveness of qualified principal residence indebtedness, complete lines 1e, 2, and 10b. Attach the Form 982 to your tax return.
Where can I get this form?
If you use a computer to fill out your return, check your tax-preparation software. You can also download the form at IRS.gov, or call 1-800-829-3676. If you call to order, please allow 7-10 days for delivery.
How do I know or find out how much debt was forgiven?
Your lender should send a Form 1099-C, Cancellation of Debt, by February 2, 2009. The amount of debt forgiven or cancelled will be shown in box 2. If this debt is all qualified principal residence indebtedness, the amount shown in box 2 will generally be the amount that you enter on lines 2 and 10b, if applicable, on Form 982.
Can I exclude debt forgiven on my second home, credit card or car loans?
Not under this provision. Only cancelled debt used to buy, build or improve your principal residence or refinance debt incurred for those purposes qualifies for this exclusion. See Publication 4681 for further details.
Within this sort of economy, even the smallest life change can lead to grave repercussions. From marital problems to illness to a change of employment, any number of the seemingly inevitable consequences of modern life may impact your household budget beyond capacity, and this style of plate spinning domestic finance engenders desperate foolhardy solutions patched together at the last minute and fueled by purposeful ignorance on the behalf of the borrowers. Jumping from check to check with no room for error, unable to pay anything toward savings, ever harried by ceaseless payment due dates and expanding minimum obligations, the Alabama debtor attempting to carve out a life upon the turn of the twenty first century too often finds him or herself without hope and tragically susceptible to confidence schemes that, however technically legitimate the business and glossy the surrounding spiel, inevitably scavenge the debt relief wishes of those that can least afford false promises. Five years ago, for example, the Alabama legislature legalized the so-called payday loan services, but, even though this usurious practice has been made lawful throughout the state, this could only be considered debt relief in the most tragic sense. Ever since Alabama representatives passed that 2003 law distinguishing payday loans as a justifiable practice, people from all corners of Alabama have been misled into (searching from some short term assistance with minimum payments or sudden household needs) believing that the service may be some sort of debt relief when, in actuality, it only worsens the existing debt problems. Actual management of debts will be a long and difficult process that, while it may indeed require the help of external authorities such as debt settlement companies, demands exploration on the part of the borrower and a general understanding about the unspoken rules of debt relief.
Among these companies, probably the most well known sort of debt relief business for Alabama and the rest of the United States of America would be the Consumer Credit Counseling alternative. As most Alabama borrowers likely know by now, thanks to the industry’s seemingly never ending stream of commercials and advertisements, the Consumer Credit Counseling companies consolidate all unsecured debt (that is; debts not already attached to collateral liable for repossession or foreclosure or similar fates) in order to attempt to lower the accumulated interest rates toward something far lower. Alongside this clear benefit, which (for reasons we shall soon explain) can almost be guaranteed for near every Alabama borrower, the Consumer Credit Counseling professionals are also likely to clear away the former fees charged by the credit card companies for payments that arrived past their due date (twenty five bucks for a days’ postal delay) or accounts that were charged past their limit (thirty dollars for a few cents’ miscalculation), and, in what has become the Consumer Credit Counseling companies’ greatest motivating sales gambit, the new payments shall be far below the combined minimums of what the debtors had previously been striving to eke together each month. It’s an attractive debt relief presentation that the Consumer Credit Counseling specialists have put together, no small wonder that the industry has gained so much momentum through the last few years, but there are any number of drawbacks that their television commercials do not even dare to mention.
When entering one of the Consumer Credit Counseling storefronts – which, by this point, have popped up near every Alabama town and city of any size – you will be explicitly told about all of the benefits this service may indeed have to offer. One could hardly complain about lower interest rates or waived fees, after all; this is debt relief in its most superficial sense. However, the lowered payments end up for too many borrowers resembling a bittersweet privilege. For all of the temporary assistance recalculated payment schedules may bring Alabama households, the smart borrower should also realize that the lower the payment, the longer the eventual term of the overall loan and the more that they shall inevitably pay in compound interest. What use halving the actual rates when you’ll just up spending even more through terms that last twice as long? Further, the negative impact upon your FICO score and credit report is almost as bad as what you would see following declaration of a Chapter 7 debt elimination bankruptcy even though the debts remain with the Consumer Credit Counseling decision, and you’ll end up spending a pretty penny for the companies’ services before everything’s said and done. Actually, not only will you pay through the nose for the assistance of Consumer Credit Counseling professionals, but the debt relief specialists you work with will also request payment from the credit card companies as well. Remember, the conglomerates behind your credit card bills live in fear that the ordinary consumer might try their hand at bankruptcy protection – however disruptive recent congressional fiat has rendered that debt relief choice; any Alabama head of household that earns more the forty thousand a year probably would no longer even qualify for Chapter 7 debt elimination – and they want to make sure that their clients are locked in to an achingly slow system of debt relief that effectively forces the continual repayment of interest until the consumer’s death.
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The Total Amount of your Unsecured Debt must be At Least $10,000, and the balance for Each Individual Creditor must be At Least $1,000. Unsecured debt includes: Credit Card Debt Oil/Gas Credit Cards Medical/Hospital Bills Personal Loans (unsecured) Department Store Credit Cards Local Merchants The following are NOT eligible: Past Due Rent Past Due Utility Bills Student Loans Secured Loans Mortgage Payments Income Tax Car Payment