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butkus

How does the IRS determine a home value when calculating if tax payer was insolvent after "settling" a debt?

asked by butkus - 3 Answers

I "settled" with several credit companies for over $40,000 in debt. The IRS considers the settlement amount as earned income unless the tax payer was "insolvent" at the time of the settlement. My home has minimal equity but I don't know how to determine the value the IRS will use in calculating my debt to income ratio. It could make a big difference in my tax liability for the past year but was better than filing for bankruptcy or losing my home. This question even seems to stump tax advisors. Any wisdom out there in Yahoo land would be appreciated.

ninasgramma

Best Answer by ninasgramma

Your insolvency is the difference of your liabilities and the fair market value of your assets just before your debt was cancelled. Example 1: Home purchased for $100,000 with a $80,000 mortgage. Home is now worth $250,000 and your mortgage is $75,000. The only asset you have is your house. The only other debt you had was the credit card debt. Liabilities: $75,000 + $40,000 = $115,000 Assets: $250,000 You are not insolvent, your net worth is $110,000. Example 2: Same situation as above, but you have another $150,000 of debt owed in addition to the credit card debt. Liabilities: $265,000 Assets: $250,000 You are insolvent $15,000. You must include $25,000 of the debt forgiveness in income. Obviously your situation will be much more complicated and you need a tax professional to assist you if you want to reduce your taxable cancellation of debt through insolvency. ... See all 3 answers

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