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how do you treat a rental that had a 1099C for the building.

shf1957
Level 7

Have a client that had a rental collected rent  but I see in Feb there was a 1099C for almost 100,000.   Then I also see another 1099C for almost the same amount on their personal home.  Been depreciating the rental... do treat it as it's SOLD for that? 

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7 Comments 7
Just-Lisa-Now-
Level 15
Level 15

do they still have the home?  theres more to this story.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
shf1957
Level 7

Still kept the rental......and rented it all year...  ( 1099C is dated for early feb) and they plan to keep renting it.  I have depreciation going on it..... from prior years with a lot still left.

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Just-Lisa-Now-
Level 15
Level 15
so did they get some kind of loan modification? why the canceled debt?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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shf1957
Level 7

can't find that out yet...   if not how do i treat it...  if so how do i treat it?

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shf1957
Level 7

YES   loan modification.

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Just-Lisa-Now-
Level 15
Level 15

Id start here

https://www.irs.gov/pub/irs-pdf/p4681.pdf


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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qbteachmt
Level 15

There is nothing here that indicates a sale happened. 1099-S is Sale. 1099-C is forgiven debt, but that doesn't drive if it is taxable.

You should find out what this is and don't make any assumptions. It can be Principal adjustment, and it might not even be taxable under whichever Federal plan allowed the adjustment. It could be the same lender and the same program on both properties. Or, it is likely two different programs, since one is primary residence and one is rental/investment property.

There are a bunch of Federal programs that include being extended for years now, that could be what happened here. HAMP, HARP, HOPE, PRA, HHF, UP, HAFA, etc.

These owners have paperwork somewhere and know their story. We don't know their story.

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