deficiency judgement for foreclosure vs short sale

In terms of taxes, is it worse to have a deficiency from a foreclosure or a short sale?
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David A. Leen

David A. Leen

Contributor Level 4
Tax liability can arise when a commercial property has been refinanced, cash taken out, and then foreclosed upon. The cash out can trigger a gain. On a personal residence the gain has to be considerable to generate any tax liability. The tax is long term capital gains at 15%. On a short sale, debt forgiveness generates taxable income as if someone gave you the cash. This would be taxed at ordinary income rate, I believe. There are tax rules that apply to a personal residence so those would need to be checked. A CPA or tax expert should be consulted with the particular facts.
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