Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:
- Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
- Insolvency: If you are insolvent when the debt is cancelled, some
or all of the cancelled debt may not be taxable to you.You are
insolvent when your total debts are more than the fair market value of
your total assets.Insolvency can be fairly complex to determine and the
assistance of a tax professional is recommended if you believe you
qualify for this exception.
- Certain farm debts:If you incurred the debt directly in operation
of a farm, more than half your income from the prior three years was
from farming, and the loan was owed to a person or agency regularly
engaged in lending, your cancelled debt is generally not considered
taxable income.The rules applicable to farmers are complex and the
assistance of a tax professional is recommended if you believe you
qualify for this exception.
- Non-recourse loans:A non-recourse loan is a loan for which the
lender’s only remedy in case of default is to repossess the property
being financed or used as collateral.That is, the lender cannot pursue
you personally in case of default.Forgiveness of a non-recourse loan
resulting from a foreclosure does not result in cancellation of debt
income.However, it may result in other tax consequences.
Source: Internal Revenue Service
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Date Added: 2009-04-07 Views : 165