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1099A for Abandoned property/recourse debt not cancelled in 2009

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    1099A for Abandoned property/recourse debt not cancelled in 2009

    Taxpayer abandoned property and received a 1099A and this is recourse debt. One loan secured mortgage for both a personal residence and business (real) property. The bank has issued the 1099A for 2009 but has not yet sold the property and the debt has not been cancelled - taxpayer is still liable for the debt.

    The 1099A:

    box 2. $300,000 balance outstanding
    box 4. $400,000 fair market value

    Borrower is personally liable.

    My understanding:
    If the bank sells for $300,000 there will be no cancellation of debt.
    If less than $300,000 possible cancellation of debt.
    But this will not be known until something happens in 2010.

    If this was reported as a sale w/ $300,000 sale price there is a loss.
    Do I report this as a sale in 2009?
    Or do I need to wait to see what the bank actually does with the property in 2010?

    I don't mean to rely on my software, but when I enter the information on the debt cancellation worksheet the sale transaction and proper Sched D and Form 4797 come into play, but after I enter the amount the borrower is personally liable for the sale transactions "disappear".

    I'm not sure if I need to report the abandonment in 2009 or 2010?
    http://www.viagrabelgiquefr.com/

    #2
    Bump - anyone?
    http://www.viagrabelgiquefr.com/

    Comment


      #3
      I'll try one more time...

      Just in case someone that may have run across this might be browsing the board today.
      http://www.viagrabelgiquefr.com/

      Comment


        #4
        It seem to me you have 2 sales to report for 2009 -- one for the personal residence and another for the business portion. The personal part, if indeed a loss, is non-deductable but should still be reported on SCH-D. The business partion is reported on 4797 and should generate something (likely a gain if depreciation was allowed or allowable).

        Comment


          #5
          Talking to myself .....

          Thank you for the response. Both will be losses so I guess at this point I will file the deemed sales in 2009 - I don't think it will hurt anything as the taxpayer has no taxable income with or without the "sale".

          If the property does actually sell in 2010 for the amount still personally liable for - there should be no consequences to the taxpayer.

          If it sells for less and the debt is cancelled I'll have to deal with a 1099-C in 2010.

          Sound good?
          http://www.viagrabelgiquefr.com/

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