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Tax implications of a default

Started by walkedaway
about 17 years ago
Posts: 9
Member since: Feb 2009
Discussion about
I defaulted on a new condo closing (in Chelsea). Under the current market conditions and corporate conditions (eg, meltdown of my company stock), I unfortunately didn't have a choice but to walk away from the condo. It was a investment property. My downpayment was a painfully substantial amount of money down the drain. It hurts financially and emotionally, to say the least. My question is if there is any way I can write down the downpayment against my taxes for this year? Any other ideas anyone can give me would be highly appreciated.
Response by kylewest
about 17 years ago
Posts: 4455
Member since: Aug 2007

I hope you have enough money left for a good accountant. Seriously. Find one now--not in April.

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Response by walkedaway
about 17 years ago
Posts: 9
Member since: Feb 2009

i do have one. am definitely going to call him, but wanted to solicit opinions of people who might been through this drill already.

Thanks.

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Response by manhattanfox
about 17 years ago
Posts: 1275
Member since: Sep 2007

tax atty/accountant...

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Response by notadmin
about 17 years ago
Posts: 3835
Member since: Jul 2008

i wouldn't trust any accountant 100% without seeking other sources of info. i'd call the IRS directly and ask. you are among another million or so struggling investors so they have to be used to the question.

the debt you didn't pay i'm pretty sure will be included in your taxes as "income" given that it wasn't your main residency. so you might have to pay income taxes on that due to "debt forgiveness".

"Normally, debt forgiveness results in taxable income. But under the Mortgage Forgiveness Debt Relief Act of 2007, enacted Dec. 20, taxpayers may exclude debt forgiven on their principal residence if the balance of their loan was less than $2 million. The limit is $1 million for a married person filing a separate return. Details are on Form 982 and its instructions, available now on IRS.gov."

http://www.irs.gov/pub/irs-pdf/f982.pdf

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