What are the tax implications of a foreclosure, non-recourse debt 397k, and the Fair Market Value is 550k?
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Answer:
The market value of the property has NO tax implications unless they sell for more than you paid. Even then, you can exclude up to $125,000 ($250,000) if married of gain from taxes.
If they sell for less than you owe, the amount 'forgiven' is taxes as regular income. If I read your question properly, you had $397,000 forgiven. That means you have $397,000 more taxable income than you would have had without the foreclosure. That puts you in the 35% bracket for any filing status without any additional income. 35% of $397,000 is over $135,000. I doubt you have that much if you had a foreclosure. My not so educated guess is you are a candidate for an "Offer in Compromise". I recommend consulting a tax professional.
If your total liabilities exceeded your total assets at the time the debt was forgiven, the Insolvency exception applies to including some or all of the forgiven debt as income. As a professional about that as well.
How much did the property sell for at auction? Based on your question it sounds as though they sold it for 397k less than you owed since you say they "forgave" this??
send me an email with more specifics and i can probably give you more accurate of an answer.
Usually the difference in between the net proceeds to the bank and the amount you owed will either be taxable income to you if it is less or returned to you if more.
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