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Free ez file Publication 4681 - Introductory Material Table of Contents Reminder IntroductionOrdering forms and publications. Free ez file Tax questions. Free ez file Useful Items - You may want to see: Common Situations Covered In This Publication Reminder Future Developments. Free ez file  Information about any future developments affecting Publication 4681 (such as legislation enacted after we release it) will be posted at www. Free ez file irs. Free ez file gov/pub4681. Free ez file Photographs of missing children. Free ez file   The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Free ez file Photographs of missing children selected by the Center may appear in this publication on pages that otherwise would be blank. Free ez file You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Free ez file Introduction This publication explains the federal tax treatment of canceled debts, foreclosures, repossessions, and abandonments. Free ez file Generally, if you owe a debt to someone else and they cancel or forgive that debt for less than its full amount, you are treated for income tax purposes as having income and may have to pay tax on this income. Free ez file Note. Free ez file This publication generally refers to debt that is canceled, forgiven, or discharged for less than the full amount of the debt as “canceled debt. Free ez file ” Sometimes a debt, or part of a debt, that you do not have to pay is not considered canceled debt. Free ez file These exceptions are discussed later under Exceptions . Free ez file Sometimes a canceled debt may be excluded from your income. Free ez file But if you do exclude canceled debt from income, you may be required to reduce your “tax attributes. Free ez file ” These exclusions and the reduction of tax attributes associated with them are discussed later under Exclusions . Free ez file Foreclosure and repossession are remedies that your lender may exercise if you fail to make payments on your loan and you have previously granted that lender a mortgage or other security interest in some of your property. Free ez file These remedies allow the lender to seize or sell the property securing the loan. Free ez file When your property is foreclosed upon or repossessed and sold, you are treated as having sold the property and you may recognize taxable gain. Free ez file Whether you also recognize income from canceled debt depends in part on whether you are personally liable for the debt and in part on whether the outstanding loan balance is more than the fair market value (FMV) of the property. Free ez file Figuring your gain or loss and income from canceled debt arising from a foreclosure or repossession is discussed later under Foreclosures and Repossessions . Free ez file Generally, you abandon property when you voluntarily and permanently give up possession and use of property you own with the intention of ending your ownership but without passing it on to anyone else. Free ez file Figuring your gain or loss and income from canceled debt arising from an abandonment is discussed later under Abandonments . Free ez file This publication also includes detailed examples with filled-in forms. Free ez file Comments and suggestions. Free ez file    We welcome your comments about this publication and your suggestions for future editions. Free ez file   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free ez file NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free ez file Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free ez file   You can send your comments from www. Free ez file irs. Free ez file gov/formspubs. Free ez file Click on “More Information” and then on “Comment on Tax Forms and Publications”. Free ez file   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Free ez file Ordering forms and publications. Free ez file    Visit www. Free ez file irs. Free ez file gov/formspubs to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Free ez file Internal Revenue Service 1201 N. Free ez file Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Free ez file    If you have a tax question, check the information available on IRS. Free ez file gov or call 1-800-829-1040. Free ez file We cannot answer tax questions sent to either of the above addresses. Free ez file Useful Items - You may want to see: Publication 225 Farmer's Tax Guide 334 Tax Guide for Small Business (For Individuals Who Use Schedule C or C-EZ) 523 Selling Your Home 525 Taxable and Nontaxable Income 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 542 Corporations 544 Sales and Other Dispositions of Assets 551 Basis of Assets 908 Bankruptcy Tax Guide Form (and Instructions) 982 Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) 1099-C Cancellation of Debt 1099-DIV Dividends and Distributions 3800 General Business Credit Common Situations Covered In This Publication The sections of this publication that apply to you depend on the type of debt canceled, the tax attributes you have, and whether or not you continue to own the property that was subject to the debt. Free ez file Some examples of common circumstances are provided in the following paragraphs to help guide you through this publication. Free ez file These examples do not cover every situation but are intended to provide general guidance for the most common situations. Free ez file Nonbusiness credit card debt cancellation. Free ez file    If you had a nonbusiness credit card debt canceled, you may be able to exclude the canceled debt from income if the cancellation occurred in a title 11 bankruptcy case or you were insolvent immediately before the cancellation. Free ez file You should read Bankruptcy or Insolvency under Exclusions in chapter 1 to see if you can exclude the canceled debt from income under one of those provisions. Free ez file If you can exclude part or all of the canceled debt from income, you should also read Bankruptcy and Insolvency under Reduction of Tax Attributes in chapter 1. Free ez file Personal vehicle repossession. Free ez file    If you had a personal vehicle repossessed and disposed of by the lender during the year, you will need to determine your gain or nondeductible loss on the disposition. Free ez file This is explained in chapter 2 . Free ez file If the lender also canceled all or part of the remaining amount of the loan, you may be able to exclude the canceled debt from income if the cancellation occurred in a title 11 bankruptcy case or you were insolvent immediately before the cancellation. Free ez file You should read Bankruptcy or Insolvency under Exclusions in chapter 1 to see if you can exclude the canceled debt from income under one of those provisions. Free ez file If you can exclude part or all of the canceled debt from income, you should also read Bankruptcy and Insolvency under Reduction of Tax Attributes in chapter 1. Free ez file Main home foreclosure or abandonment. Free ez file    If a lender foreclosed on your main home during the year, you will need to determine your gain or loss on the foreclosure. Free ez file Foreclosures are explained in chapter 2 and abandonments are explained in chapter 3. Free ez file If the lender also canceled all or part of the remaining amount on the mortgage loan and you were personally liable for the debt, you should also read Qualified Principal Residence Indebtedness under Exclusions in chapter 1 to see if you can exclude part or all of the canceled debt from income. Free ez file Detailed Example 2 and Example 3 in chapter 4 use filled-in forms to help explain these provisions. Free ez file Main home loan modification (workout agreement). Free ez file    If a lender agrees to a mortgage loan modification (a “workout”) that includes a reduction in the principal balance of the loan, you should read Qualified Principal Residence Indebtedness under Exclusions in chapter 1 to see if you can exclude part or all of the canceled debt from income. Free ez file If you can exclude part or all of the canceled debt from income, you should also read Qualified Principal Residence Indebtedness under Reduction of Tax Attributes in chapter 1. Free ez file Detailed Example 1 in chapter 4 uses filled-in forms to help explain the tax implications of a mortgage workout scenario. Free ez file Prev  Up  Next   Home   More Online Publications
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Free ez file Index A Assistance (see Tax help) F Free tax services, How To Get Tax Help H Help (see Tax help) M More information (see Tax help) P Publications (see Tax help) T Tax help, How To Get Tax Help Taxpayer Advocate, Contacting your Taxpayer Advocate. Free ez file TTY/TDD information, How To Get Tax Help Prev  Up     Home   More Online Publications