Client will not be able to keep 2nd home. He is inclined to let the bank take it back.
I advised to try and sell and get a little out of it and preserve his credit. If that is not possible go to the bank and make an arrangement to give back to preserve his credit.
If it does go back to the bank, he gets no relief from cancellation of debt because it is not his primary residence. He will not be insolvent. His mortgage is recourse debt.
So, check me out here. This is what I think I know from reading the tax book. He treats it as a sale on D. Sale price is debt forgiven and basis is the FMV on the 1099C. This is where I am unsure. Or is the basis just what he's paid so far plus improvements?
I advised to try and sell and get a little out of it and preserve his credit. If that is not possible go to the bank and make an arrangement to give back to preserve his credit.
If it does go back to the bank, he gets no relief from cancellation of debt because it is not his primary residence. He will not be insolvent. His mortgage is recourse debt.
So, check me out here. This is what I think I know from reading the tax book. He treats it as a sale on D. Sale price is debt forgiven and basis is the FMV on the 1099C. This is where I am unsure. Or is the basis just what he's paid so far plus improvements?
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