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Www freefile dor gov 3. Www freefile dor gov   Abandonments Table of Contents You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership but without passing it on to anyone else. Www freefile dor gov Whether an abandonment has occurred is determined in light of all the facts and circumstances. Www freefile dor gov You must both show an intention to abandon the property and affirmatively act to abandon the property. Www freefile dor gov A voluntary conveyance of the property in lieu of foreclosure is not an abandonment and is treated as the exchange of property to satisfy a debt. Www freefile dor gov For more information, see Sales and Exchanges in Publication 544. Www freefile dor gov The tax consequences of abandonment of property that secures a debt depend on whether you were personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt). Www freefile dor gov See Publication 544 if you abandoned property that did not secure debt. Www freefile dor gov This publication only discusses the tax consequences of abandoning property that secured a debt. Www freefile dor gov Abandonment of property securing recourse debt. Www freefile dor gov    In most cases, if you abandon property that secures debt for which you are personally liable (recourse debt), you do not have gain or loss until the later foreclosure is completed. Www freefile dor gov For details on figuring gain or loss on the foreclosure, see chapter 2. Www freefile dor gov Example 1—abandonment of personal-use property securing recourse debt. Www freefile dor gov In 2009, Anne purchased a home for $200,000. Www freefile dor gov She borrowed the entire purchase price, for which she was personally liable, and gave the bank a mortgage on the home. Www freefile dor gov In 2013, Anne lost her job and was unable to continue making her mortgage loan payments. Www freefile dor gov Because her mortgage loan balance was $185,000 and the FMV of her home was only $150,000, Anne decided to abandon her home by permanently moving out on August 1, 2013. Www freefile dor gov Because Anne was personally liable for the debt and the bank did not complete a foreclosure of the property in 2013, Anne has neither gain nor loss in tax year 2013 from abandoning the home. Www freefile dor gov If the bank sells the house at a foreclosure sale in 2014, Anne will have to figure her gain or nondeductible loss for tax year 2014 as discussed earlier in chapter 2. Www freefile dor gov Example 2—abandonment of business or investment property securing recourse debt. Www freefile dor gov In 2009, Sue purchased business property for $200,000. Www freefile dor gov She borrowed the entire purchase price, for which she was personally liable, and gave the lender a security interest in the property. Www freefile dor gov In 2013, Sue was unable to continue making her loan payments. Www freefile dor gov Because her loan balance was $185,000 and the FMV of the property was only $150,000, Sue abandoned the property on August 1, 2013. Www freefile dor gov Because Sue was personally liable for the debt and the lender did not complete a foreclosure of the property in 2013, Sue has neither gain nor loss in tax year 2013 from abandoning the property. Www freefile dor gov If the lender sells the property at a foreclosure sale in 2014, Sue will have to figure her gain or deductible loss for tax year 2014 as discussed earlier in chapter 2. Www freefile dor gov Abandonment of property securing nonrecourse debt. Www freefile dor gov    If you abandon property that secures debt for which you are not personally liable (nonrecourse debt), the abandonment is treated as a sale or exchange. Www freefile dor gov   The amount you realize on the abandonment of property that secured nonrecourse debt is the amount of the nonrecourse debt. Www freefile dor gov If the amount you realize is more than your adjusted basis, then you have a gain. Www freefile dor gov If your adjusted basis is more than the amount you realize, then you have a loss. Www freefile dor gov For more information on how to figure gain and loss, see Gain or Loss from Sales or Exchanges in Publication 544. Www freefile dor gov   Loss from abandonment of business or investment property is deductible as a loss. Www freefile dor gov The character of the loss depends on the character of the property. Www freefile dor gov The amount of deductible capital loss may be limited. Www freefile dor gov For more information, see Treatment of Capital Losses in Publication 544. Www freefile dor gov You cannot deduct any loss from abandonment of your home or other property held for personal use. Www freefile dor gov Example 1—abandonment of personal-use property securing nonrecourse debt. Www freefile dor gov In 2009, Timothy purchased a home for $200,000. Www freefile dor gov He borrowed the entire purchase price, for which he was not personally liable, and gave the bank a mortgage on the home. Www freefile dor gov In 2013, Timothy lost his job and was unable to continue making his mortgage loan payments. Www freefile dor gov Because his mortgage loan balance was $185,000 and the FMV of his home was only $150,000, Timothy decided to abandon his home by permanently moving out on August 1, 2013. Www freefile dor gov Because Timothy was not personally liable for the debt, the abandonment is treated as a sale or exchange of the home in tax year 2013. Www freefile dor gov Timothy's amount realized is $185,000 and his adjusted basis in the home is $200,000. Www freefile dor gov Timothy has a $15,000 nondeductible loss in tax year 2013. Www freefile dor gov (Had Timothy’s adjusted basis been less than the amount realized, Timothy would have had a gain that he would have to include in gross income. Www freefile dor gov ) The bank sells the house at a foreclosure sale in 2014. Www freefile dor gov Timothy has neither gain nor loss from the foreclosure sale. Www freefile dor gov Because he was not personally liable for the debt, he also has no cancellation of debt income. Www freefile dor gov Example 2—abandonment of business or investment property securing nonrecourse debt. Www freefile dor gov In 2009, Robert purchased business property for $200,000. Www freefile dor gov He borrowed the entire purchase price, for which he was not personally liable, and gave the lender a security interest in the property. Www freefile dor gov In 2013, Robert was unable to continue making his loan payments. Www freefile dor gov Because his loan balance was $185,000 and the FMV of the property was only $150,000, Robert decided to abandon the property on August 1, 2013. Www freefile dor gov Because Robert was not personally liable for the debt, the abandonment is treated as a sale or exchange of the property in tax year 2013. Www freefile dor gov Robert's amount realized is $185,000 and his adjusted basis in the property is $180,000 (as a result of $20,000 of depreciation deductions on the property). Www freefile dor gov Robert has a $5,000 gain in tax year 2013. Www freefile dor gov (Had Robert’s adjusted basis been greater than the amount realized, he would have had a deductible loss. Www freefile dor gov ) The lender sells the property at a foreclosure sale in 2014. Www freefile dor gov Robert has neither gain nor loss from the foreclosure sale. Www freefile dor gov Because he was not personally liable for the debt, he also has no cancellation of debt income. Www freefile dor gov Canceled debt. Www freefile dor gov    If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. Www freefile dor gov This income is separate from any amount realized from abandonment of the property. Www freefile dor gov You must report this income on your return unless one of the exceptions or exclusions described in chapter 1 applies. Www freefile dor gov See chapter 1 for more details. Www freefile dor gov Forms 1099-A and 1099-C. Www freefile dor gov    In most cases, if you abandon real property (such as a home), intangible property, or tangible personal property held (wholly or partly) for use in a trade or business or for investment, that secures a loan and the lender knows the property has been abandoned, the lender should send you Form 1099-A showing information you need to figure your gain or loss from the abandonment. Www freefile dor gov Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. Www freefile dor gov The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. Www freefile dor gov For abandonments of property and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. Www freefile dor gov Prev  Up  Next   Home   More Online Publications
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