I had an investment home go into foreclosure in November. I just received a 1099 tax form. How can I file for insolvency?

Asked over 4 years ago - Miramar, FL

We had a home go into foreclosure and was bought by the bank at auction for $100.00. We just received a 1099-A from the bank.
We never really qualified to purchase that home based on our income, but our credit was excellent so they approved the sale. Our income has been reduced to one, and we definetly could not afford the home.
We intend to file for insolvency. What do we need to do to qualify? If we qualify for insolvency, does it mean we won't get any tax return at all?

Attorney answers (2)

  1. Henry Daniel Lively

    Contributor Level 20

    Answered . If you are insolvent, meaning that your liabilities exceed the fair market value of your assets, you may be exempt from claiming all or some of the income you received on the 1099 for debt relief. You claim your exclusion on Form 982. For further information take a look at IRS Publication 4681. The form and publication can be found at www.irs.gov.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

  2. Mark L Rosenberg

    Contributor Level 15

    Answered . You should have your CPA or tax attorney review your situation, because the insolvency requirements are somewhat complex. The fact that you could not afford the home is not relevant to the tax treatment of your foreclosure.

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