Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … ions/p4681/2023/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 18 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 4681 Cat. No. 51508F Contents What's New . . . . . . . . . . . . . . . . . . 1 Department of the Canceled Debts, Reminder . . . . . . . . . . . . . . . . . . . . 2 Treasury Internal Introduction . . . . . . . . . . . . . . . . . . 2 Revenue Foreclosures, Service Common Situations Covered in This Publication . . . . . . . . . . . . . . . . 2 Repossessions, Chapter 1. Canceled Debts . . . . . . . . 3 Form 1099-C . . . . . . . . . . . . . . . 3 and Discounts and Loan Modifications . . . . . . . . . . . . . 4 Sales or Other Dispositions Abandonments (Such as Foreclosures and Repossessions) . . . . . . . . . . . 4 Abandonments . . . . . . . . . . . . . . 4 (for Individuals) Stockholder Debt . . . . . . . . . . . . . 4 Exceptions . . . . . . . . . . . . . . . . . . . 4 Gifts, Bequests, Devises, and For use in preparing Inheritances . . . . . . . . . . . . . . 4 Student Loans . . . . . . . . . . . . . . 4 Deductible Debt . . . . . . . . . . . . . 5 2023 Returns Price Reduced After Purchase . . . . . 6 Exclusions . . . . . . . . . . . . . . . . . . . 6 Bankruptcy . . . . . . . . . . . . . . . . 6 Insolvency . . . . . . . . . . . . . . . . . 6 Insolvency Worksheet . . . . . . . . . . 7 Qualified Farm Indebtedness . . . . . . 8 Qualified Real Property Business Indebtedness . . . . . . . 8 Qualified Principal Residence Indebtedness . . . . . . . . . . . . . 9 Reduction of Tax Attributes . . . . . . . . 10 Qualified Principal Residence Indebtedness . . . . . . . . . . . . 10 Bankruptcy and Insolvency . . . . . . 10 Qualified Farm Indebtedness . . . . . 11 Qualified Real Property Business Indebtedness . . . . . . 12 Chapter 2. Foreclosures and Repossessions . . . . . . . . . . . . 12 Worksheet for Foreclosures and Reposessions . . . . . . . . . . . 13 Chapter 3. Abandonments . . . . . . . 14 How To Get Tax Help . . . . . . . . . . . . 14 Future Developments For the latest information about developments related to Pub. 4681, such as legislation enacted after it was published, go to IRS.gov/ Pub4681. What’s New Get forms and other information faster and easier at: Discharge of qualified principal residence • IRS.gov (English) • IRS.gov/Korean (한국어) indebtedness before 2026. Qualified princi- • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) pal residence indebtedness can be excluded • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) from income for discharges before January 1, 2026. January 03, 2024 |
Page 2 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Comments and suggestions. We welcome your comments about this publication and sug- Reminders gestions for future editions. Common Situations Discharge of student loan debt. If your stu- You can send us comments through Covered in This dent loan debt was discharged, in whole or in IRS.gov/FormComments. Or, you can write to part, after December 31, 2020, the amount of the Internal Revenue Service, Tax Forms and Publication debt that was discharged may be nontaxable. Publications, 1111 Constitution Ave. NW, See Student Loans, later. IR-6526, Washington, DC 20224. The sections of this publication that apply to you Photographs of missing children. The Inter- Although we can’t respond individually to depend on the type of debt canceled, the tax at- nal Revenue Service is a proud partner with the each comment received, we do appreciate your tributes you have, and whether or not you con- National Center for Missing & Exploited feedback and will consider your comments and tinue to own the property that was subject to the Children® (NCMEC). Photographs of missing suggestions as we revise our tax forms, instruc- debt. Some examples of common circumstan- children selected by the Center may appear in tions, and publications. Don’t send tax ques- ces are provided in the following paragraphs to this publication on pages that would otherwise tions, tax returns, or payments to the above ad- help guide you through this publication. These be blank. You can help bring these children dress. examples don't cover every situation but are in- tended to provide general guidance for the most home by looking at the photographs and calling Getting answers to your tax questions. common situations. 800-THE-LOST (800-843-5678) if you recog- If you have a tax question not answered by this nize a child. publication or the How To Get Tax Help section Nonbusiness credit card debt cancellation. at the end of this publication, go to the IRS In- If you had a nonbusiness credit card debt can- Introduction teractive Tax Assistant page at IRS.gov/ celed, you may be able to exclude the canceled Help/ITA where you can find topics by using the debt from income if the cancellation occurred in This publication explains the federal tax treat- search feature or viewing the categories listed. a title 11 bankruptcy case or you were insolvent ment of canceled debts, foreclosures, repos- sessions, and abandonments. Getting tax forms, instructions, and pub- immediately before the cancellation. You should Generally, if you owe a debt to someone lications. Go to IRS.gov/Forms to download also read Bankruptcy or Insolvency under Ex- else and they cancel or forgive that debt for less current and prior-year forms, instructions, and clusions in chapter 1 to see if you can exclude than its full amount, you are treated for income publications. the canceled debt from income under one of those provisions. If you can exclude part or all of tax purposes as having income and may have Ordering tax forms, instructions, and the canceled debt from income, you should also to pay tax on this income. publications. Go to IRS.gov/OrderForms to or- read Bankruptcy and Insolvency under Reduc- Note. This publication generally refers to der current forms, instructions, and publica- tion of Tax Attributes in chapter 1. debt that is canceled, forgiven, or discharged tions; call 800-829-3676 to order prior-year for less than the full amount of the debt as “can- forms and instructions. The IRS will process Personal vehicle repossession. If you had a celed debt.” your order for forms and publications as soon personal vehicle repossessed and disposed of as possible. Don’t resubmit requests you’ve al- by the lender during the year, you will need to Sometimes a debt, or part of a debt, that you ready sent us. You can get forms and publica- determine your gain or nondeductible loss on don't have to pay isn't considered canceled tions faster online. the disposition. This is explained in chapter 2. If debt. These exceptions are discussed later un- the lender also canceled all or part of the re- der Exceptions. Useful Items maining amount of the loan, you may be able to Sometimes a canceled debt may be exclu- You may want to see: exclude the canceled debt from income if the ded from your income. But if you do exclude cancellation occurred in a title 11 bankruptcy case or you were insolvent immediately before canceled debt from income, you may be re- Publication the cancellation. You should read Bankruptcy or quired to reduce your “tax attributes.” These ex- clusions and the reduction of tax attributes as- 225 225 Farmer's Tax Guide Insolvency under Exclusions in chapter 1 to see sociated with them are discussed later under if you can exclude the canceled debt from in- Exclusions. 334 334 Tax Guide for Small Business (For come under one of those provisions. If you can Foreclosure and repossession are remedies Individuals Who Use Schedule C) exclude part or all of the canceled debt from in- come, you should also read Bankruptcy and In- that your lender may exercise if you fail to make 523 523 Selling Your Home solvency under Reduction of Tax Attributes in payments on your loan and you have previously chapter 1. granted that lender a mortgage or other security 525 525 Taxable and Nontaxable Income interest in some of your property. These rem- Main home foreclosure or abandonment. If edies allow the lender to seize or sell the prop- 536 536 Net Operating Losses (NOLs) for a lender foreclosed on your main home during erty securing the loan. When your property is Individuals, Estates, and Trusts the year, you will need to determine your gain or foreclosed upon or repossessed and sold, you loss on the foreclosure. Foreclosures are ex- are treated as having sold the property and you 542 542 Corporations plained in chapter 2 and abandonments are ex- may recognize taxable gain. Whether you also plained in chapter 3. recognize income from canceled debt depends 544 544 Sales and Other Dispositions of in part on whether you are personally liable for Assets Main home loan modification (workout the debt and in part on whether the outstanding agreement). If a lender agreed to a mortgage loan balance is more than the fair market value 551 551 Basis of Assets loan modification (a “workout”) in 2022 that in- (FMV) of the property. Figuring your gain or loss 908 908 Bankruptcy Tax Guide cluded a reduction in the principal balance of and income from canceled debt arising from a the loan in 2023, you should read Qualified foreclosure or repossession is discussed later Principal Residence Indebtedness under Exclu- under Foreclosures and Repossessions. Form (and Instructions) sions in chapter 1 to see if you can exclude part Generally, you abandon property when you 982 982 Reduction of Tax Attributes Due to or all of the canceled debt from income. If you voluntarily and permanently give up possession Discharge of Indebtedness (and can exclude part or all of the canceled debt and use of property you own with the intention Section 1082 Basis Adjustment) from income, you should also read Qualified of ending your ownership but without passing it Principal Residence Indebtedness under Re- on to anyone else. Figuring your gain or loss 1099-C 1099-C Cancellation of Debt duction of Tax Attributes in chapter 1. and income from canceled debt arising from an abandonment is discussed later under Aban- 1099-DIV 1099-DIV Dividends and Distributions donments. 3800 3800 General Business Credit 2 Publication 4681 (2023) |
Page 3 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Form 4835, line 6, if the debt is related to a Code B—Other judicial debt relief. Code farm rental activity for which you use Form B is used to identify cancellation of debt as a re- 4835 to report farm rental income based sult of a receivership, foreclosure, or similar fed- 1. on crops or livestock produced by a tenant; eral or state court proceeding other than bank- or ruptcy. • Schedule F (Form 1040), line 8, if the debt is farm debt and you are a farmer. Code C—Statute of limitations or expira- Canceled Debts tion of deficiency period. Code C is used to identify cancellation of debt either when the This chapter discusses the tax treatment of Form 1099-C statute of limitations for collecting the debt ex- canceled debts. pires or when the statutory period for filing a If you receive a Form 1099-C, that means an claim or beginning a deficiency judgment pro- applicable entity has reported an identifiable ceeding expires. In the case of the expiration of General Rules event to the IRS regarding a debt you owe. For a statute of limitations, an identifiable event oc- information on the reasons an applicable entity curs only if and when your affirmative defense Generally, if a debt for which you are personally files Form 1099-C, see Identifiable event codes, of the statute of limitations is upheld in a final liable is forgiven or discharged for less than the later. Unless you meet one of the exceptions or judgment or decision in a judicial proceeding, full amount owed, the debt is considered can- exclusions discussed later, this canceled debt is and the period for appealing the judgment or celed in whatever amount it remained unpaid. ordinary income and must be reported on the decision has expired. There are exceptions to this rule, discussed un- appropriate form discussed above. Code D—Foreclosure election. Code D is der Exceptions, later. Generally, you must in- If you had a student loan that was dis- used to identify cancellation of debt when the clude the canceled debt in your income. How- TIP charged after December 31, 2020, and creditor elects foreclosure remedies that statu- ever, you may be able to exclude the canceled the amount of the discharged loan is torily end or bar the creditor's right to pursue debt. See Exclusions, later. nontaxable, you won’t receive a Form 1099-C collection of the debt. This event applies to a from the lender or servicer of your student loan. mortgage lender or holder who is barred from Example. You owed your friend $1,000. pursuing debt collection after a power of sale in Your friend agreed to accept and you paid $400 the mortgage or deed of trust is exercised. in satisfaction of the entire debt. You have can- An applicable entity includes the following. celed debt of $600. 1. A financial institution. Code E—Debt relief from probate or sim- ilar proceeding. Code E is used to identify Example. You owed your friend.$1,000. 2. A credit union. cancellation of debt as a result of a probate You both agreed that you would provide your 3. Any of the following, its successor, or sub- court or similar legal proceeding. friend with services (instead of money) in full unit of one of the following. Code F—By agreement. Code F is used to satisfaction of the debt. You don't have can- identify cancellation of debt as a result of an celed debt. Instead, you have income from a. The Federal Deposit Insurance Cor- services. poration (FDIC). agreement between the creditor and the debtor to cancel the debt at less than full considera- A debt includes any indebtedness: b. The Resolution Trust Corporation tion. • For which you are liable, or (RTC). Code G—Decision or policy to discon- • Subject to which you hold property. c. The National Credit Union Administra- tinue collection. Code G is used to identify Debt for which you are personally liable is re- tion (NCUA). cancellation of debt as a result of a decision or course debt. All other debt is nonrecourse debt. d. Any other federal executive agency, a defined policy of the creditor to discontinue If you aren't personally liable for the debt, including government corporations, collection activity and cancel the debt. For pur- you don't have ordinary income from the cancel- any military department, the U.S. poses of this identifiable event, a defined policy lation of debt unless you retain the collateral Postal Service, or the Postal Rate includes both a written policy and the creditor's and either: Commission. established business practice. • The lender offers a discount for the early Code H—Other actual discharge before payment of the debt, or 4. A corporate subsidiary of a financial insti- • The lender agrees to a loan modification tution or credit union (if the affiliation sub- identifiable event. Code H is used to identify that results in the reduction of the principal jects the subsidiary to federal or state reg- an actual cancellation of debt that occurs before balance of the debt. ulation). any of the identifiable events described in co- des A through G. See Discounts and Loan Modifications, later. 5. A federal government agency, including a department, an agency, a court or court However, upon the disposition of the prop- administrative office, or a judicial or legis- Form 1099-C Reference Guide for erty securing a nonrecourse debt, the amount lative instrumentality. Box 6 Identifiable Event Codes realized includes the entire unpaid amount of the debt, not just the FMV of the property. As a 6. Any organization of which lending money A Bankruptcy result, you may realize a gain or loss if the out- is a significant trade or business. B Other judicial debt relief standing debt immediately before the disposi- For more information on the applicable entities C Statute of limitations or expiration of deficiency tion is more or less than your adjusted basis in that must file a Form 1099-C, see the Instruc- period the property. For more details on figuring your tions for Forms 1099-A and 1099-C, available at D Foreclosure election gain or loss, see chapter 2 of this publication or irs.gov/instructions/i1099ac. E Debt relief from probate or similar proceeding see Pub. 544. F By agreement There are several exceptions and exclusions Identifiable event codes. Box 6 of Form G Decision or policy to discontinue collection that may result in part or all of a canceled debt 1099-C should indicate the reason the creditor H Other actual discharge before identifiable event being nontaxable. See Exceptions and Exclu- filed this form. The codes shown in box 6 are sions, later. You must report any taxable can- explained next. Also, see the chart after the ex- Even if you didn't receive a Form celed debt as ordinary income on: planation for a quick reference guide for the co- ! 1099-C, you must report canceled debt • Schedule 1 (Form 1040), line 8c, if the debt des used in box 6. CAUTION as gross income on your tax return un- is a nonbusiness debt; less one of the exceptions or exclusions descri- • Schedule C (Form 1040), line 6, if the debt Code A—Bankruptcy. Code A is used to bed later applies. is related to a nonfarm sole proprietorship; identify cancellation of debt as a result of a title • Schedule E (Form 1040), line 3, if the debt 11 bankruptcy case. See Bankruptcy, later. Amount of canceled debt. The amount in is related to nonfarm rental of real property; box 2 of Form 1099-C may represent some or Publication 4681 (2023) Chapter 1 Canceled Debts 3 |
Page 4 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. all of the debt that has been canceled. The character of the property. If the lender forgives Gifts, Bequests, Devises, amount in box 2 will include principal and may all or part of the amount of the debt in excess of include interest and other nonprincipal amounts the FMV of the property, the cancellation of the and Inheritances (such as fees or penalties). Unless you meet excess debt may result in ordinary income. The In most cases, you don't have income from can- one of the exceptions or exclusions discussed ordinary income from the cancellation of debt celed debt if the debt is canceled as a gift, be- later, the amount of the debt that has been can- (the excess of the canceled debt over the FMV quest, devise, or inheritance. celed is ordinary income and must be reported of the property) must be included in your gross on the appropriate form, as discussed earlier. income reported on your tax return unless one of the exceptions or exclusions described later Student Loans Interest included in canceled debt. If any in- applies. For more details, see Exceptions and terest is included in the amount of canceled Exclusions, later. Generally, if you are responsible for making loan debt in box 2, it will be shown in box 3. Whether payments, and the loan is canceled or repaid by the interest portion of the canceled debt must Nonrecourse debt. If you owned property that someone else, you must include the amount be included in your income depends on whether was subject to a nonrecourse debt in excess of that was canceled or paid on your behalf in your the interest would be deductible if you paid it. the FMV of the property, the lender's foreclo- gross income for tax purposes. However, in cer- See Deductible Debt under Exceptions, later. sure on the property doesn't result in ordinary tain circumstances, you may be able to exclude income from the cancellation of debt. The entire amounts from gross income as a result of the Persons who each receive a Form 1099-C amount of the nonrecourse debt is treated as an cancellation or repayment of certain student showing the full amount of debt. If you and amount realized on the disposition of the prop- loans. These exclusions are for: another person were jointly and severally liable erty. The gain or loss on the disposition of the • Student loan cancellation due to meeting for a canceled debt, each of you may get a property is measured by the difference between certain work requirements; Form 1099-C showing the entire amount of the the total amount realized (the entire amount of • Cancellation of certain loans after Decem- canceled debt. However, you may not have to the nonrecourse debt plus the amount of cash ber 31, 2020, and before January 1, 2026; report that entire amount as income. The and the FMV of any property received) and your or amount, if any, you must report depends on all adjusted basis in the property. The character of • Student loan repayment assistance pro- the facts and circumstances, including: the gain or loss is determined by the character grams. • State law, of the property. • The amount of debt proceeds each person Exclusion for student loan cancellation due received, More information. See chapter 2 of this publi- to meeting certain work requirements. If • How much of any interest deduction from cation and Pubs. 523, 544, and 551 for more your student loan is canceled in part or in whole the debt was claimed by each person, details. in 2023 due to meeting certain work require- • How much of the basis of any co-owned ments, you may not have to include the can- property bought with the debt proceeds celed debt in your income. To qualify for this was allocated to each co-owner, and Abandonments work-related exclusion, your loan must have • Whether the canceled debt qualifies for Recourse debt. If you abandon property that been made by a qualified lender to assist you in any of the exceptions or exclusions descri- secures a debt for which you are personally lia- attending an eligible educational organization bed in this publication. ble (recourse debt) and the debt is canceled, described in section 170(b)(1)(A)(ii). In addition, See Example 3 under Insolvency, later. you will realize ordinary income equal to the the cancellation must be pursuant to a provision canceled debt. You must report this income on in the student loan that all or part of the debt will your tax return unless one of the exceptions or be canceled if you work: Discounts and Loan exclusions described later applies. For more de- • For a certain period of time, Modifications tails, see Exceptions and Exclusions, later. This • In certain professions, and income is separate from any amount realized • For any of a broad class of employers. If a lender discounts (reduces) the principal bal- from the abandonment of the property. For more ance of a loan because you pay it off early, or details, see chapter 3. The cancellation of your loan won’t agrees to a loan modification (a “workout”) that ! qualify for tax-free treatment if it was includes a reduction in the principal balance of Nonrecourse debt. If you abandon property CAUTION made by an educational organization or a loan, the amount of the discount or the that secures a debt for which you aren't person- tax-exempt section 501(c)(3) organization and amount of principal reduction is canceled debt. ally liable (nonrecourse debt), you may realize was canceled because of the services you per- However, if the debt is nonrecourse and you gain or loss but won't have cancellation of in- formed for either organization. See Exception, didn't retain the collateral, you don't have can- debtedness income. later. cellation of debt income. The amount of the canceled debt must be included in income un- Educational organization described in less one of the exceptions or exclusions descri- Stockholder Debt section 170(b)(1)(A)(ii). This is an educa- bed later applies. For more details, see Excep- If you are a stockholder in a corporation and the tional organization that maintains a regular fac- tions and Exclusions, later. corporation cancels or forgives your debt to it, ulty and curriculum and normally has a regularly the canceled debt is a constructive distribution. enrolled body of students in attendance at the Sales or Other Dispositions For more information, see Pub. 542. place where it carries on its educational activi- ties. (Such as Foreclosures and Qualified lenders. These include the fol- Repossessions) lowing. Exceptions Recourse debt. If you owned property that 1. The United States, or an instrumentality or was subject to a recourse debt in excess of the There are several exceptions to the requirement agency thereof. FMV of the property, the lender's foreclosure or that you include canceled debt in income. repossession of the property is treated as a sale These exceptions apply before the exclusions 2. A state or territory of the United States; or or disposition of the property by you and may discussed later and don't require you to reduce the District of Columbia; or any political result in your realization of gain or loss. The your tax attributes. subdivision thereof. gain or loss on the disposition of the property is 3. A public benefit corporation that is tax-ex- measured by the difference between the FMV empt under section 501(c)(3); and that of the property at the time of the disposition and has assumed control of a state, county, or your adjusted basis (usually your cost) in the municipal hospital; and whose employees property. The character of the gain or loss (such are considered public employees under as ordinary or capital) is determined by the state law. 4 Publication 4681 (2023) |
Page 5 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4. An educational organization described in Private education loan. A private education • Religious. section 170(b)(1)(A)(ii), if the loan is loan is a loan provided by a private educational • Educational. made: lender that: • Scientific. a. As part of an agreement with an entity • Is not made, insured, or guaranteed under • Literary. described in (1), (2), or (3) under Title IV of the Higher Education Act of • Testing for public safety. which the funds to make the loan were 1965; and • Fostering national or international amateur provided to the educational organiza- • Is issued expressly for postsecondary edu- sports competition (but only if none of its tion; or cational expenses to a borrower, regard- activities involve providing athletic facilities less of whether the loan is provided or equipment). b. Under a program of the educational through the educational organization that • The prevention of cruelty to children or ani- organization that is designed to en- the student attends or directly to the bor- mals. courage its students to serve in occu- rower from the private educational lender. pations with unmet needs or in areas A private education loan does not include Exception. In most cases, the cancellation with unmet needs where services pro- an extension of credit under an open end of a student loan made by an educational or- vided by the students (or former stu- consumer credit plan, a reverse mortgage ganization because of services you performed dents) are for or under the direction of transaction, a residential mortgage trans- for that organizationn or another organization a governmental unit or a tax-exempt action, or any other loan that is secured by that provided the funds for the loan must be in- section 501(c)(3) organization. real property or a dwelling. cluded in gross income on your tax return. Refinanced loan. If you refinanced a stu- Special rule for student loan discharges for Private educational lender. A private educa- dent loan with another loan from an eligible ed- 2021 through 2025. The American Rescue tional lender is one of the following. ucational organization or a tax-exempt organi- Plan Act of 2021 modified the treatment of stu- • A financial institution that solicits, makes, zation, that loan may also be considered as dent loan forgiveness for discharges in 2021 or extends private education loans. made by a qualified lender. The refinanced loan through 2025. Generally, if you are responsible • A federal credit union that solicits, makes, is considered made by a qualified lender if it’s for making loan payments, and the loan is can- or extends private education loans. made under a program of the refinancing organ- celed or repaid by someone else, you must in- • Any other person engaged in the business ization that is designed to encourage students clude the amount that was canceled or paid on of soliciting, making, or extending private to serve in occupations with unmet needs or in your behalf in your gross income for tax purpo- education loans. areas with unmet needs where the services re- ses. However, in certain circumstances, you The cancellation of your loan won’t quired of the students are for or under the direc- tion of a governmental unit or a tax-exempt sec- may be able to exclude this amount from gross ! qualify for tax-free treatment if it is can- tion 501(c)(3) organization. income if the loan was one of the following. CAUTION celed because of services you per- • A loan for postsecondary educational ex- formed for the private educational lender that penses. made the loan or other organization that provi- Student loan repayment assistance. Stu- • A private education loan. ded the funds. dent loan repayments made to you are tax free • A loan from an educational organization if you received them for any of the following. described in section 170(b)(1)(A)(ii). • The National Health Service Corps • A loan from an organization exempt from Loan from an educational organization de- (NHSC) Loan Repayment Program. tax under section 501(a) to refinance a stu- scribed in section 170(b)(1)(A)(ii). This is • A state education loan repayment program dent loan. any loan made by the organization if the loan is eligible for funds under the Public Health made: Service Act. Loan for postsecondary educational expen- • As part of an agreement with an entity de- • Any other state loan repayment or loan for- ses. This is any loan provided expressly for scribed earlier under which the funds to giveness program that is intended to pro- postsecondary education, regardless of make the loan were provided to the educa- vide for the increased availability of health whether provided through the educational or- tional organization; or services in underserved or health profes- ganization or directly to the borrower, if such • Under a program of the educational organi- sional shortage areas (as determined by loan was made, insured, or guaranteed by one zation that is designed to encourage its such state). of the following. students to serve in occupations with un- • The United States, or an instrumentality or met needs or in areas with unmet needs You can’t deduct the interest you paid agency thereof. where the services provided by the stu- ! on a student loan to the extent pay- • A state or territory of the United States; or dents (or former students) are for or under CAUTION ments were made through your partici- the District of Columbia; or any political the direction of a governmental unit or a pation in any of the above programs. subdivision thereof. tax-exempt section 501(c)(3) organization. • An eligible educational organization. Educational organization described in sec- Deductible Debt Eligible educational organization. An eligi- tion 170(b)(1)(A)(ii). This is an educational ble educational organization is generally any organization that maintains a regular faculty and If you use the cash method of accounting, you accredited public, nonprofit, or proprietary (pri- curriculum and normally has a regularly enrolled don't realize income from the cancellation of vately owned profit-making) college, university, body of students in attendance at the place debt if the payment of the debt would have been vocational school, or other postsecondary edu- where it carries on its educational activities. a deductible expense. This exception applies before the price reduction exception discussed cational organization. Also, the organization The cancellation of your loan won’t next. must be eligible to participate in a student aid ! qualify for tax-free treatment if it was program administered by the U.S. Department CAUTION made by an educational organization, a Example. In December 2022, you get ac- of Education. tax-exempt section 501(c)(3) organization, or a counting services for your farm on credit. In An eligible educational organization also in- private education lender (as defined in section early 2023, you have trouble paying your farm cludes certain educational organizations loca- 140(a)(7) of the Truth in Lending Act) and was debts and your accountant forgives part of the ted outside the United States that are eligible to canceled because of the services you per- amount you owe for the accounting services. participate in a student aid program adminis- formed for either such organization or private How you treat the canceled debt depends on tered by the U.S. Department of Education. education lender. See Exception, later. your method of accounting. The educational organization should • Cash method. You don't include the can- TIP be able to tell you if it is an eligible edu- Section 501(c)(3) organization. This is celed debt in income because payment of cational organization. any corporation, community chest, fund, or the debt would have been deductible as a foundation organized and operated exclusively business expense in 2023. for one or more of the following purposes. • Charitable. Publication 4681 (2023) 5 |
Page 6 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Accrual method. Unless another exception insolvency exclusion by being an owner of, or a debt canceled, you can exclude the entire or exclusion applies, you must include the partner in a partnership that owns, a grantor $5,000 canceled debt from income. canceled debt in ordinary income because trust or disregarded entity that is insolvent. You When completing the tax return, you check the expense was deductible in 2022 when must be insolvent to qualify for this exclusion. the box on line 1b of Form 982 and enter $5,000 you incurred the debt. You were insolvent immediately before the can- on line 2. You complete Part II to reduce the tax cellation to the extent that the total of all of your attributes, as explained under Reduction of Tax liabilities was more than the FMV of all of your Attributes, later. You don’t include any of the Price Reduced After assets immediately before the cancellation. For $5,000 canceled debt on Schedule 1 (Form Purchase purposes of determining insolvency, assets in- 1040), line 8c. None of the canceled debt is in- clude the value of everything you own (including cluded in income. If debt you owe the seller for the purchase of assets that serve as collateral for debt and ex- property is reduced by the seller at a time when empt assets, which are beyond the reach of Example 2—amount of insolvency less you aren't insolvent and the reduction doesn't your creditors under the law, such as your inter- than canceled debt. The facts are the same occur in a title 11 bankruptcy case, the reduc- est in a pension plan and the value of your re- as in Example 1, except that your total liabilities tion doesn't result in cancellation of debt in- tirement account). Liabilities include: immediately before the cancellation were come. However, you must reduce your basis in • The entire amount of recourse debt; $10,000 and the FMV of the total assets imme- the property by the amount of the reduction of • The amount of nonrecourse debt that isn't diately before the cancellation was $7,000. In your debt to the seller. The rules that apply to in excess of the FMV of the property that is this case, you are insolvent to the extent of bankruptcy and insolvency are explained in Ex- security for the debt; and $3,000 ($10,000 total liabilities minus $7,000 clusions next. • The amount of nonrecourse debt in excess FMV of the total assets) immediately before the of the FMV of the property subject to the cancellation. Because the amount of the can- nonrecourse debt, to the extent nonre- celed debt was more than the amount by which Exclusions course debt in excess of the FMV of the you were insolvent immediately before the can- property subject to the debt is forgiven. cellation, you can exclude only $3,000 of the $5,000 canceled debt from income under the After you have applied any exceptions to the You can use the Insolvency Worksheet insolvency exclusion. general rule that a canceled debt is included in TIP to help calculate the extent that you You check the box on line 1b of Form 982 your income, there are several reasons why you were insolvent immediately before the and include $3,000 on line 2. Also, you com- might still be able to exclude a canceled debt cancellation. plete Part II to reduce the tax attributes, as ex- from your income. These exclusions are ex- plained next. If a canceled debt is excluded plained under Reduction of Tax Attributes, later. from your income, it is nontaxable. In most ca- Other exclusions must be applied before Additionally, you must include $2,000 of can- ses, however, if you exclude canceled debt from the insolvency exclusion. This exclusion celed debt on Schedule 1 (Form 1040), line 8c income under one of these provisions, you must doesn't apply to a cancellation of debt that oc- (unless another exclusion applies). also reduce your tax attributes (certain credits, curs in a title 11 bankruptcy case. It also doesn't losses, and basis of assets) as explained later apply if the debt is qualified principal residence Example 3—joint debt and separate re- under Reduction of Tax Attributes. indebtedness (defined in this section under turns. In 2023, you and your spouse were re- Qualified Principal Residence Indebtedness, leased from an obligation to pay a debt of later) unless you elect to apply the insolvency $10,000 for which you were jointly and severally Bankruptcy exclusion instead of the qualified principal resi- liable. None of the exceptions to the general dence indebtedness exclusion. rule that canceled debt is included in income Debt canceled in a title 11 bankruptcy case isn't apply. The debt (originally $12,000) was incur- included in your income. A title 11 bankruptcy How to report the insolvency exclusion. To red to finance your purchase of a $9,000 motor- case is a case under title 11 of the United show that you are excluding canceled debt from cycle and your spouse's purchase of a laptop States Code (including all chapters in title 11 income under the insolvency exclusion, attach computer and software for personal use for such as chapters 7, 11, and 13). You must be a Form 982 to your federal income tax return and $3,000. You each received a 2023 Form 1099-C debtor under the jurisdiction of the court and the check the box on line 1b. On line 2, include the from the bank showing the entire canceled debt cancellation of the debt must be granted by the smaller of the amount of the debt canceled or of $10,000 in box 2. Based on the use of the court or occur as a result of a plan approved by the amount by which you were insolvent imme- loan proceeds, you both agreed that you were the court. diately before the cancellation. You can use the responsible for 75% of the debt and your Insolvency Worksheet to help calculate the ex- spouse was responsible for the remaining 25%. You don’t qualify for the bankruptcy exclu- tent that you were insolvent immediately before Therefore, your share of the debt is $7,500 sion by being an owner of, or a partner in a part- the cancellation. You must also reduce your tax (75% of $10,000) and your spouse’s share is nership that owns, a grantor trust or disregarded attributes in Part II of Form 982, as explained $2,500 (25% of $10,000). By completing the In- entity that is a debtor in a title 11 bankruptcy under Reduction of Tax Attributes, later. solvency Worksheet, you determine that, imme- case. You must be a debtor in a title 11 bank- diately before the cancellation of the debt, you ruptcy case to qualify for this exclusion. Example 1—amount of insolvency more were insolvent to the extent of $5,000 ($15,000 than canceled debt. In 2023, you were re- total liabilities minus $10,000 FMV of the total How to report the bankruptcy exclusion. To leased from an obligation to pay a personal assets). You can exclude $5,000 of the $7,500 show that your debt was canceled in a bank- credit card debt in the amount of $5,000. You canceled debt. Your spouse completes a sepa- ruptcy case and is excluded from income, at- received a 2023 Form 1099-C from the credit rate Insolvency Worksheet and determines your tach Form 982 to your federal income tax return card lender showing the entire amount of dis- spouse was insolvent to the extent of $4,000 and check the box on line 1a. Lines 1b through charged debt of $5,000 in box 2. None of the ($9,000 total liabilities minus $5,000 FMV of the 1e don't apply to a cancellation that occurs in a exceptions to the general rule that canceled total assets). Your spouse can exclude the en- title 11 bankruptcy case. Enter the total amount debt is included in income apply. You use the In- tire canceled debt of $2,500. of debt canceled in your title 11 bankruptcy solvency Worksheet to determine that the total When completing the separate tax return, case on line 2. You must also reduce your tax liabilities immediately before the cancellation you check the box on line 1b of Form 982 and attributes in Part II of Form 982, as explained were $15,000 and the FMV of the total assets enter $5,000 on line 2. You complete Part II to under Reduction of Tax Attributes, later. immediately before the cancellation was reduce the tax attributes, as explained under $7,000. This means that immediately before the Reduction of Tax Attributes, later. You must in- Insolvency cancellation, you were insolvent to the extent of clude the remaining $2,500 (your $7,500 share $8,000 ($15,000 total liabilities minus $7,000 of the canceled debt minus the $5,000 extent to FMV of the total assets). Because the amount which you were insolvent) of canceled debt on Don't include a canceled debt in income to the by which you were insolvent immediately before Schedule 1 (Form 1040), line 8c (unless an- extent that you were insolvent immediately be- the cancellation was more than the amount of other exclusion applies). fore the cancellation. You don’t qualify for the 6 Publication 4681 (2023) |
Page 7 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Insolvency Worksheet Keep for Your Records Date debt was canceled (mm/dd/yy) Part I. Total liabilities immediately before the cancellation (don't include the same liability in more than one category) Amount Owed Liabilities (debts) Immediately Before the Cancellation 1. Credit card debt $ 2. Mortgage(s) on real property (including first and second mortgages and home equity loans) (mortgage(s) can be on main home, any additional home, or property held for investment or used in a trade or business) $ 3. Car and other vehicle loans $ 4. Medical bills owed $ 5. Student loans $ 6. Accrued or past-due mortgage interest $ 7. Accrued or past-due real estate taxes $ 8. Accrued or past-due utilities (water, gas, electric, etc.) $ 9. Accrued or past-due childcare costs $ 10. Federal or state income taxes remaining due (for prior tax years) $ 11. Judgments $ 12. Business debts (including those owed as a sole proprietor or partner) $ 13. Margin debt on stocks and other debt to purchase or secured by investment assets other than real property $ 14. Other liabilities (debts) not included above $ 15. Total liabilities immediately before the cancellation. Add lines 1 through 14. $ Part II. Fair market value (FMV) of assets owned immediately before the cancellation (don't include the FMV of the same asset in more than one category) Assets FMV Immediately Before the Cancellation 16. Cash and bank account balances $ 17. Real property, including the value of land (can be main home, any additional home, or property held for investment or used in a trade or business) $ 18. Cars and other vehicles $ 19. Computers $ 20. Household goods and furnishings (for example, appliances, electronics, furniture, etc.) $ 21. Tools $ 22. Jewelry $ 23. Clothing $ 24. Books $ 25. Stocks and bonds $ 26. Investments in coins, stamps, paintings, or other collectibles $ 27. Firearms, sports, photographic, and other hobby equipment $ 28. Interest in retirement accounts (IRA accounts, 401(k) accounts, and other retirement accounts) $ 29. Interest in a pension plan $ 30. Interest in education accounts $ 31. Cash value of life insurance $ 32. Security deposits with landlords, utilities, and others $ 33. Interests in partnerships $ 34. Value of investment in a business $ 35. Other investments (for example, annuity contracts, guaranteed investment contracts, mutual funds, commodity accounts, interests in hedge funds, and options) $ 36. Other assets not included above $ 37. FMV of total assets immediately before the cancellation. Add lines 16 through 36. $ Part III. Insolvency 38. Amount of insolvency. Subtract line 37 from line 15. If zero or less, you aren't insolvent. $ Publication 4681 (2023) 7 |
Page 8 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. When completing the return, your spouse For more information about the basis of were from the trade or business of farming. You checks the box on line 1b of Form 982 and en- property, see Pub. 551. received a 2023 Form 1099-C from the qualified ters $2,500 on line 2. Your spouse completes lender showing discharged debt of $10,000 in Part II to reduce the tax attributes, as explained Adjusted tax attributes. Adjusted tax at- box 2. The FMV of your total assets on March 2, under Reduction of Tax Attributes, later. Your tributes means the sum of the following items. 2023 (immediately before the cancellation of spouse doesn’t include any of the canceled 1. Any net operating loss (NOL) for 2023 and the credit card debt), was $7,000 and your total debt on Schedule 1 (Form 1040), line 8c. None any NOL carryover to 2023. liabilities at that time were $11,000. Your adjus- of the canceled debt has to be included in in- ted tax attributes (a 2023 NOL) are $7,000 and come. 2. Any net capital loss for 2023 and any capi- you have $4,000 total adjusted basis in qualified tal loss carryover to 2023. property at the beginning of 2024. Qualified Farm Indebtedness 3. Any passive activity loss carryover from You qualify to exclude $4,000 of the can- 2023. celed debt under the insolvency exclusion be- cause you are insolvent to the extent of $4,000 You can exclude canceled farm debt from in- 4. Three times the sum of any: immediately before the cancellation ($11,000 come on your 2023 return if all of the following apply. a. General business credit carryover to total liabilities minus $7,000 FMV of total as- • The debt was incurred directly in connec- or from 2023, sets). You must reduce the tax attributes under the insolvency rules before applying the rules tion with your operation of the trade or b. Minimum tax credit available as of the for qualified farm debt. business of farming. beginning of 2024, You also qualify to exclude the remaining • 50% or more of your total gross receipts for 2020, 2021, and 2022 were from the trade c. Foreign tax credit carryover to or from $6,000 of canceled qualified farm debt. The or business of farming. 2023, and limit on your exclusion from income of canceled qualified farm debt is $7,000, the sum of: • The cancellation was made by a qualified d. Passive activity credit carryover from person. A qualified person is an individual, 2023. 1. Your adjusted tax attributes of $3,000 (the organization, partnership, association, cor- $7,000 NOL minus the $4,000 reduction of poration, or other person who is actively Qualified property. This is any property tax attributes required because of the and regularly engaged in the business of you use or hold for use in your trade or business $4,000 exclusion of canceled debt under lending money. A qualified person also in- or for the production of income. the insolvency exclusion), and cludes any federal, state, or local govern- ment or agency or instrumentality of one of How to report the qualified farm indebted- 2. Your total adjusted basis of $4,000 in those governments. For example, the U.S. ness exclusion. To show that all or part of your qualified property held at the beginning of Department of Agriculture is a qualified canceled debt is excluded from income be- 2024. person. A qualified person can't be related cause it is qualified farm debt, check the box on You check the boxes on lines 1b and 1c of to you, can't be the person from whom you line 1c of Form 982 and attach it to your Form Form 982 and enter $10,000 on line 2. You acquired the property (or a person related 1040 or 1040-SR. On line 2 of Form 982, in- complete Part II to reduce the tax attributes, as to this person), and can't be a person who clude the amount of the qualified farm debt can- explained under Reduction of Tax Attributes, receives a fee due to your investment in celed, but not more than the exclusion limit (ex- later. You don’t include any of the canceled debt the property (or a person related to this plained earlier). You must also reduce your tax in income. person). attributes in Part II of Form 982, as explained under Reduction of Tax Attributes, later. For the definition of the term “related person,” Example 3—no qualified farm indebted- ness exclusion when insolvent to the extent see Related persons under At-Risk Amounts in Example 1—only qualified farm indebt- of canceled debt. The facts are the same as Pub. 925, Passive Activity and At-Risk Rules. edness exclusion applies. In 2023, you were in Example 2, except that immediately before released from an obligation to pay a $10,000 the cancellation, you were insolvent to the ex- Other exclusions must be applied before debt that was incurred directly in connection tent of the full $10,000 canceled debt. Because the qualified farm indebtedness exclusion. with the trade or business of farming. You re- the exclusion for qualified farm debt doesn't ap- This exclusion doesn't apply to a cancellation of ceived a Form 1099-C from the qualified lender ply to the extent that your insolvency (immedi- debt in a title 11 bankruptcy case or to the ex- showing discharged debt of $10,000 in box 2. ately before the cancellation) was equal to the tent you were insolvent immediately before the For 2020, 2021, and 2022 tax years, at least full amount of the canceled debt, you check cancellation. If qualified farm debt is canceled in 50% of your total gross receipts were from the only the box on line 1b of Form 982 and enter a title 11 case, you must apply the bankruptcy trade or business of farming. Your adjusted tax $10,000 on line 2. You complete Part II to re- exclusion rather than the exclusion for canceled attributes are $5,000 and you have $3,000 total duce the tax attributes based on the insolvency qualified farm debt. If you were insolvent imme- adjusted basis in qualified property at the begin- exclusion, as explained under Reduction of Tax diately before the cancellation of qualified farm ning of 2024. You had no other debt canceled Attributes, later. You don’t include any of the debt, you must apply the insolvency exclusion during 2023 and no other exception or exclusion canceled debt in income. before applying the exclusion for canceled relating to canceled debt income applies. qualified farm debt. You can exclude $8,000 ($5,000 of adjusted tax attributes plus $3,000 total adjusted basis in Qualified Real Property Exclusion limit. The amount of canceled qualified property at the beginning of 2024) of Business Indebtedness qualified farm debt you can exclude from in- the $10,000 canceled debt from income. You come under this exclusion is limited. It can't be check the box on line 1c of Form 982 and enter You can elect to exclude canceled qualified real more than the sum of: $8,000 on line 2. Also, you complete Part II to property business indebtedness from income. 1. Your adjusted tax attributes, and reduce the tax attributes, as explained under Qualified real property business indebtedness Reduction of Tax Attributes, later. The remain- is debt (other than qualified farm debt) that 2. The total adjusted basis of qualified prop- ing $2,000 of canceled qualified farm debt is in- meets all of the following conditions. erty you held at the beginning of 2024. cluded in your income on Schedule F (Form If you excluded canceled debt under the insol- 1040), line 8. 1. It was incurred or assumed in connection vency exclusion, the adjusted basis of any with real property used in a trade or busi- qualified property and adjusted tax attributes Example 2—both insolvency and quali- ness. Real property used in a trade or are determined after any reduction of tax attrib- fied farm indebtedness exclusions apply. business doesn’t include real property de- utes required under the insolvency exclusion. On March 2, 2023, you were released from an veloped and held primarily for sale to cus- Any canceled qualified farm debt that is obligation to pay a $10,000 business credit card tomers in the ordinary course of business. more than this limit must be included in your in- debt that was used directly in connection with a 2. It is secured by that real property. As long come. farming business. For 2020, 2021, and 2022 tax as certain other requirements are met, in- years, at least 50% of your total gross receipts debtedness that is secured by 100% of the 8 Publication 4681 (2023) |
Page 9 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. ownership interest in a disregarded entity Note. When figuring the first limit in (1) You elect to apply the qualified real property holding real property will be treated as in- above, reduce the FMV of the business real business debt exclusion to the canceled debt. debtedness that is secured by real prop- property securing the debt (immediately before The amount of canceled qualified real property erty. For more information, and for the re- the cancellation) by the outstanding principal business debt that you can exclude from in- quirements that must be met, see amount of any other qualified real property busi- come is limited. The amount you can exclude Revenue Procedure 2014-20, available at ness debt secured by that property (immedi- can’t be more than either: IRS.gov/irb/2014-9_IRB#RP-2014-20. ately before the cancellation). When figuring the 1. $20,000 (the excess of the $185,000 out- 3. It was incurred or assumed: second (overall) limit in (2) above, use the ad- standing principal amount of your qualified justed basis of the depreciable real property af- a. Before 1993; or ter any reductions in basis required because of real property business debt immediately b. After 1992, if the debt is either (i) the exclusion of debt canceled under the bank- before the cancellation over the $165,000 qualified acquisition indebtedness ruptcy, insolvency, or farm debt provisions de- FMV of the business real property secur- (defined next), or (ii) debt incurred to scribed in this publication or because of other ing the debt), or refinance qualified real property busi- basis adjustments that may apply to that depre- 2. $210,000 (the total adjusted basis of the ness debt incurred or assumed before ciable property. depreciable real property you held imme- 1993 (but only to the extent the For more information about the basis of diately before the cancellation). amount of such debt doesn't exceed property, see Pub. 551. . the amount of debt being refinanced). Thus, you can exclude the entire $20,000 of How to elect the qualified real property 4. It is debt to which you elect to apply these business debt exclusion. You must make an canceled qualified real property business debt rules. election to exclude canceled qualified real prop- from income. You check the box on line 1d of erty business debt from gross income. The Form 982 and enter $20,000 on line 2. You must Residential rental property generally election must be made on a timely filed federal also use line 4 of Form 982 to reduce the basis TIP qualifies as real property used in a income tax return (including extensions) for in depreciable real property by the $20,000 of trade or business unless you also use 2023 and can be revoked only with IRS con- canceled qualified real property business debt the dwelling as a home. For more information, sent. The election is made by completing Form excluded from income, as explained under Re- see Dwelling Unit Used as a Home in Pub. 527. 982 in accordance with its instructions. Attach duction of Tax Attributes, later. Form 982 to your federal income tax return for Definition of qualified acquisition indebted- 2023 and check the box on line 1d. Include the Qualified Principal ness. Qualified acquisition indebtedness is: amount of canceled qualified real property busi- Residence Indebtedness • Debt incurred or assumed to acquire, con- ness debt (but not more than the amount of the struct, reconstruct, or substantially improve exclusion limit, explained earlier) on line 2 of real property that is used in a trade or busi- Form 982. You must also reduce your tax attrib- Qualified principal residence indebtedness is ness and secures the debt; or utes in Part II of Form 982, as explained under any mortgage you took out to buy, build, or sub- • Debt resulting from the refinancing of quali- Reduction of Tax Attributes, later. stantially improve your main home. It must also be secured by your main home. Qualified princi- fied acquisition indebtedness, to the extent If you timely filed your tax return without pal residence indebtedness also includes any the amount of the debt doesn't exceed the making this election, you can still make the debt secured by your main home that you used amount of debt being refinanced. election by filing an amended return within 6 to refinance a mortgage you took out to buy, months of the due date of the return (excluding build, or substantially improve your main home, Other exclusions must be applied before extensions). Enter “Filed pursuant to section but only up to the amount of the old mortgage the qualified real property business indebt- 301.9100-2” on the amended return and file it at principal just before the refinancing. edness exclusion. This exclusion doesn't ap- the same place you filed the original return. ply to a cancellation of debt in a title 11 bank- ruptcy case or to the extent you were insolvent Example—full qualified real property immediately before the cancellation. If qualified business indebtedness exclusion. In 2017, Example 1—qualified principal resi- real property business debt is canceled in a title you bought a retail store for use in a business dence indebtedness amount after refi- 11 bankruptcy case, you must apply the bank- that you operated as a sole proprietorship. You nance. In 2022, you bought a main home for ruptcy exclusion rather than the exclusion for made a $20,000 down payment and financed $315,000. You took out a $300,000 mortgage canceled qualified real property business debt. the remaining $200,000 of the purchase price loan to buy the home and made a down pay- If you were insolvent immediately before the with a bank loan. The bank loan was a recourse ment of $15,000. The loan was secured by the cancellation of qualified real property business loan and was secured by the property. You used home. Later that year, you took out a second debt, you must apply the insolvency exclusion the property in the business continuously since mortgage loan in the amount of $50,000 that before applying the exclusion for canceled it was purchased. You had no other debt se- was used to add a garage to the home. qualified real property business debt. cured by that depreciable real property. In addi- In 2023, when the outstanding principal of tion to the retail store, you owned depreciable the first and second mortgage loans was Exclusion limit. The amount of canceled equipment and furniture with an adjusted basis $325,000, you refinanced the two loans into one qualified real property business debt you can of $50,000. loan in the amount of $400,000. The FMV of the exclude from income under this exclusion has Your business encountered financial difficul- home at the time of the refinancing was two limits. The amount you can exclude can't be ties in 2023. On September 21, 2023, the bank $430,000. You used the additional $75,000 debt more than either: financing the retail store loan entered into a proceeds ($400,000 new mortgage loan minus 1. The excess (if any) of the outstanding prin- workout agreement with you under which it can- $325,000 outstanding principal balances of the cipal amount of the qualified real property celed $20,000 of the debt. Immediately before first and second mortgage loans immediately business debt (immediately before the the cancellation, the outstanding principal bal- before the refinancing) to pay off personal credit cancellation) over the FMV (immediately ance on the retail store loan was $185,000, the cards and to pay college tuition for your daugh- before the cancellation) of the business FMV of the store was $165,000, and the adjus- ter. real property securing the debt, or ted basis was $210,000 ($220,000 cost minus After the refinancing, your qualified principal $10,000 accumulated depreciation). residence indebtedness is $325,000 because 2. The total adjusted basis of depreciable The bank sent you a 2023 Form 1099-C the $400,000 debt resulting from the refinancing real property you held immediately before showing discharged debt of $20,000 in box 2. is qualified principal residence indebtedness the cancellation of the qualified real prop- You had no tax attributes other than the basis to only to the extent it isn't more than the old mort- erty business debt (other than depreciable reduce and you didn’t qualify for any exception gage principal just before the refinancing (the real property acquired in contemplation of or exclusion other than the qualified real prop- $325,000 of outstanding principal on your first the cancellation). erty business debt exclusion. and second mortgages, which both qualified as principal residence indebtedness). Publication 4681 (2023) 9 |
Page 10 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Example 2—refinancing home equity refinancing ($850,000 minus $740,000) to pay are excluding isn't excluded as qualified princi- loan used for other purposes. In 2022, you off credit cards and to buy a new car. pal residence indebtedness and you have no acquired a main home for $200,000, subject to About 2 years after the refinancing, you lost tax attributes other than the adjusted basis of a mortgage of $175,000. Later that year, you your job and were unable to get another job personal-use property (see the list of seven tax took out a home equity loan for $10,000, se- paying a comparable salary. Your home had de- attributes, later), you must reduce the basis of cured by the main home, which you used to pay clined in value to between $600,000 and the personal-use property you held at the begin- off personal credit cards. $650,000. Based on your circumstances, the ning of 2024 (in proportion to adjusted basis). In 2023, when the outstanding principal on lender agreed to allow a short sale of the prop- Personal-use property is any property that isn't the mortgage was $170,000, and the outstand- erty for $620,000 and to cancel the remaining used in your trade or business or held for invest- ing principal on the home equity loan was $115,000 of the outstanding $735,000 debt. ment (such as your home, home furnishings, $9,000, you refinanced the two loans into one Under the ordering rule, you can exclude only and car). Include on line 10a of Form 982 the loan in the amount of $200,000. The FMV of the $5,000 of the canceled debt from income under smallest of: home at the time of refinancing was $210,000. the exclusion for canceled qualified principal 1. The basis of your personal-use property You used the additional $21,000 ($200,000 new residence indebtedness ($115,000 canceled held at the beginning of 2024, mortgage loan minus $179,000 outstanding debt minus the $110,000 amount of the debt principal balances on the mortgage and home that wasn't qualified principal residence indebt- 2. The amount of canceled nonbusiness debt equity loan) to cover medical expenses. edness). You must include the remaining (other than qualified principal residence in- After refinancing, your qualified principal $110,000 of canceled debt in income on debtedness) that you are excluding from residence indebtedness is $170,000 because Schedule 1 (Form 1040), line 8c (unless an- income on line 2 of Form 982, or the debt resulting from the refinancing is quali- other exclusion applies). 3. The excess of the total basis of the prop- fied principal residence indebtedness only to erty and the amount of money you held im- the extent it refinances debt that had been se- How to report the qualified principal resi- cured by the main home and was used to buy, dence indebtedness exclusion. To show that mediately after the cancellation over your build, or substantially improve the main home. all or part of your canceled debt is excluded total liabilities immediately after the can- from income because it is qualified principal cellation. Main home. Your main home is the one in residence indebtedness, attach Form 982 to For more information about the basis of which you live most of the time. You can have your federal income tax return and check the property, see Pub. 551. only one main home at any one time. box on line 1e. On line 2 of Form 982, include the amount of canceled qualified principal resi- Example. In 2022, you bought a car for per- Other exclusions must be applied before dence indebtedness, but not more than the sonal use. The cost of the car was $12,000. You the qualified principal residence indebted- amount of the exclusion limit (explained earlier). put down $2,000 and took out a loan of $10,000 ness exclusion. This exclusion doesn't apply If you continue to own your home after a cancel- to buy the car. The loan was a recourse loan, to a cancellation of debt in a title 11 bankruptcy lation of qualified principal residence indebted- meaning that you were personally liable for the case. If qualified principal residence indebted- ness, you must reduce your basis in the home, full amount of the debt. ness is canceled in a title 11 bankruptcy case, as explained under Reduction of Tax Attributes On December 7, 2023, when the balance of you must apply the bankruptcy exclusion rather next. the loan was $8,500, the lender repossessed than the exclusion for qualified principal resi- and sold the car because you stopped making dence indebtedness. If you were insolvent im- payments on the loan. The FMV of the car was mediately before the cancellation, you can elect Reduction of Tax $7,000 at the time the lender repossessed and to apply the insolvency exclusion (as explained sold it. The lender applied the $7,000 it re- under Insolvency, earlier) instead of applying Attributes ceived on the sale of the car against your loan the qualified principal residence indebtedness and forgave the remaining loan balance of exclusion. To do this, check the box on line 1b If you exclude canceled debt from income, you $1,500 ($8,500 outstanding balance immedi- of Form 982 instead of the box on line 1e. must reduce certain tax attributes (but not be- ately before the repossession minus the $7,000 low zero) by the amount excluded. Use Part II of FMV of the car). Exclusion limit. The maximum amount you Form 982 to reduce your tax attributes. The or- Your only other assets at the time of the can- can treat as qualified principal residence indebt- der in which the tax attributes are reduced de- cellation are the furniture in your apartment, edness is $750,000 ($375,000 if married filing pends on the reason the canceled debt was ex- which has a basis of $5,000 and an FMV of separately). You can't exclude canceled quali- cluded from income. If the total amount of $3,000; jewelry with a basis of $500 and an fied principal residence indebtedness from in- canceled debt excluded from income (line 2 of FMV of $1,000; and a $600 balance in a sav- come if the cancellation was for services per- Form 982) was more than your total tax attrib- ings account. Thus, the FMV of your total as- formed for the lender or on account of any other utes, the total reduction of tax attributes in Part sets immediately before the cancellation was factor not directly related to a decline in the II of Form 982 will be less than the amount on $11,600 ($7,000 car plus $3,000 furniture plus value of your home or to your financial condi- line 2. $1,000 jewelry plus $600 savings). You also tion. had an outstanding student loan balance of Ordering rule. If only a part of a loan is quali- Qualified Principal $6,000 immediately before the cancellation, bringing the total liabilities at that time to fied principal residence indebtedness, the ex- Residence Indebtedness $14,500 ($8,500 balance on car loan plus clusion applies only to the extent the amount $6,000 student loan balance). Other than the canceled is more than the amount of the loan If you exclude canceled qualified principal resi- car, which was repossessed, you held all of (immediately before the cancellation) that isn’t dence indebtedness from income and you con- these assets at the beginning of 2024. The FMV qualified principal residence indebtedness. The tinue to own the home after the cancellation, and basis of the assets remained the same at remaining part of the loan may qualify for an- you must reduce the basis of the home (but not the beginning of 2024. other exclusion. below zero) by the amount of the canceled You received a 2023 Form 1099-C showing qualified principal residence indebtedness ex- $1,500 in box 2 (amount of debt that was can- Example 3—ordering rule on cancella- cluded from income. Enter the amount of the celed) and $7,000 in box 7 (FMV of the prop- tion of nonqualified principal residence basis reduction on line 10b of Form 982. erty). You can exclude all $1,500 of canceled debt. You incurred recourse debt of $800,000 For more details on determining the basis of debt from income because at the time of the when you bought a main home for $880,000. your main home, see Pub. 523. cancellation, you were insolvent to the extent of When the FMV of the property was $1 million, $2,900 ($14,500 of total liabilities immediately you refinanced the debt for $850,000. At the before the cancellation minus $11,600 FMV of time of the refinancing, the principal balance of Bankruptcy and Insolvency total assets at that time). the original mortgage loan was $740,000. You used the $110,000 obtained from the No tax attributes other than basis of per- sonal-use property. If the canceled debt you 10 Publication 4681 (2023) |
Page 11 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You check box 1b on Form 982 and enter loss and then any capital loss carryover to part of the canceled debt. Basis of property is $1,500 on line 2. You enter $100 on line 10a, 2023 (after taking into account any amount reduced in the following order. the smallest of: used to reduce 2023 taxable income) in 1. Depreciable real property used in your 1. The $5,500 basis of your personal-use the order of the tax years from which the trade or business or held for investment property held at the beginning of 2024 carryovers arose, starting with the earliest that secured the canceled debt. ($5,000 furniture plus $500 jewelry), year. Reduce the net capital loss or carry- over by one dollar for each dollar of exclu- 2. Depreciable personal property used in 2. The $1,500 nonbusiness debt you are ex- ded canceled debt. your trade or business or held for invest- cluding from income on line 2 of Form 982, 5. Basis. Reduce the basis of the property ment that secured the canceled debt. or you hold at the beginning of 2024 in the 3. Other depreciable property used in your 3. The $100 excess of the total basis of the following order (and, within each category, trade or business or held for investment. property and the amount of money you in proportion to adjusted basis). 4. Real property held primarily for sale to held immediately after the cancellation a. Real property used in your trade or customers if you elect to treat it as if it over the total liabilities at that time ($5,500 business or held for investment (other were depreciable property on Form 982. basis of property held immediately after than real property held for sale to cus- the cancellation plus $600 savings minus tomers in the ordinary course of busi- Basis reduction is limited to the total adjus- $6,000 student loan). ness) if it secured the canceled debt. ted basis of all your depreciable property. De- preciable property for this purpose means any You must reduce (by one dollar for each dol- b. Personal property used in your trade property subject to depreciation or amortization, lar of excluded canceled debt) the basis in each or business or held for investment but only if a reduction of basis will reduce the item of property held at the beginning of 2024 in (other than inventory and accounts depreciation or amortization otherwise allowa- proportion to the total adjusted basis in all the and notes receivable) if it secured the ble for the period immediately following the ba- property. The total reduction, however, can't be canceled debt. sis reduction. If the amount of canceled debt ex- more than (3) above—the $100 excess of the cluded from income is more than the total basis total adjusted basis and the money held after c. Any other property used in your trade the cancellation over the total liabilities after the or business or held for investment in depreciable property, you must use the ex- cancellation. See the basis attribute under All (other than inventory, accounts receiv- cess to reduce the other tax attributes in the or- other tax attributes next. able, notes receivable, and real prop- der described earlier under All other tax attrib- Thus, you reduce the basis as follows. erty held for sale to customers in the utes. In figuring the limit on the basis reduction ordinary course of business). in (5), Basis, use the remaining adjusted basis 1. The furniture's basis is 91% of the total ad- of your properties after making this election. justed basis ($5,000 divided by $5,500), d. Inventory, accounts receivable, notes See Form 982 for information on how to make so you reduce it by $91 (the $100 excess receivable, and real property held pri- this election. The election can be revoked only in (3) multiplied by 0.91). marily for sale to customers in the or- with IRS consent. dinary course of business. 2. The jewelry’s basis is 9% of the total ad- Recapture of basis reductions. If you reduce justed basis ($500 divided by $5,500), so e. Personal-use property (property not you reduce it by $9 (the $100 excess in (3) used in your trade or business nor the basis of property under these provisions multiplied by 0.09). held for investment). and later sell or otherwise dispose of the prop- erty at a gain, the part of the gain due to this ba- All other tax attributes. If the canceled debt Reduce the basis by one dollar for sis reduction is taxable as ordinary income un- is excluded by reason of the bankruptcy or in- each dollar of excluded canceled debt. der the depreciation recapture provisions. Treat solvency exclusion, you must use the excluded However, the reduction can't be more than any property that isn't section 1245 or section debt to reduce the following tax attributes (but the excess of the total basis of the prop- 1250 property as section 1245 property. For not below zero) in the order listed unless you erty and the amount of money you held im- section 1250 property, determine the deprecia- elect to reduce the basis of depreciable prop- mediately after the debt cancellation over tion adjustments that would have resulted under erty first, as explained later. Reduce your tax at- your total liabilities immediately after the the straight line method as if there were no ba- tributes after you figure your income tax liability cancellation. sis reduction for debt cancellation. See Pub. for 2023. For allocation rules that apply to basis 544, or Pub. 225, for more details on sections reductions for multiple canceled debts, 1245 and 1250 property and the recapture of 1. Net operating loss (NOL). First reduce see Regulations section 1.1017-1(b)(2). gain as ordinary income. any 2023 NOL and then reduce any NOL Also see Election to reduce the basis of carryover to 2023 (after taking into ac- depreciable property before reducing count any amount used to reduce 2023 other tax attributes, later. Qualified Farm Indebtedness taxable income) in the order of the tax If you exclude canceled debt from income under years from which the carryovers arose, 6. Passive activity loss and credit carry- starting with the earliest year. Reduce the overs. Reduce the passive activity loss both the insolvency exclusion and the exclusion NOL or carryover by one dollar for each and credit carryovers from 2023. Reduce for qualified farm indebtedness, you must first dollar of excluded canceled debt. the loss carryover by one dollar for each reduce your tax attributes by the amount exclu- dollar of excluded canceled debt. Reduce ded under the insolvency exclusion. Then, re- 2. General business credit carryover. Re- the credit carryover by 33 / cents for each 1 3 duce your remaining tax attributes (but not be- duce the credit carryover to or from 2023. dollar of excluded canceled debt. low zero) by the amount of canceled debt that Reduce the credit carryovers to 2023 in qualifies for the farm debt exclusion. the order in which they are taken into ac- 7. Foreign tax credit. Reduce the credit car- count for 2023. For more information on ryover to or from 2023. Reduce the credit In most cases, when reducing your tax at- the credit ordering rules for 2023, see the carryovers to 2023 in the order in which tributes for canceled qualified farm indebted- Instructions for Form 3800. Reduce the they are taken into account for 2023. Re- ness excluded from income, reduce them in the carryover by 33 / cents for each dollar of 1 3 duce the carryover by 33 / cents for each 1 3 same order explained under Bankruptcy and In- excluded canceled debt. dollar of excluded canceled debt. solvency, earlier. However, don't follow the rules in item (5), Basis. Instead, reduce only the basis 3. Minimum tax credit. Reduce the mini- Election to reduce the basis of depreciable of qualified property. Qualified property is any mum tax credit available at the beginning property before reducing other tax attrib- property you use or hold for use in your trade or of 2024. Reduce the credit by 33 / cents 1 3 utes. You can elect to reduce the basis of de- business or for the production of income. Re- for each dollar of excluded canceled debt. preciable property you held at the beginning of duce the basis of qualified property in the fol- 4. Net capital loss and capital loss carry- 2024 before reducing other tax attributes. You lowing order. overs. First reduce any 2023 net capital can reduce the basis of this property by all or Publication 4681 (2023) 11 |
Page 12 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Depreciable qualified property. You can You may be able to exclude the remaining complete Part II of Form 982 to reduce the basis elect on Form 982 to treat real property $8,000 of canceled debt from income under the of depreciable real property and the 2023 NOL held primarily for sale to customers as if it exclusion for qualified real property business in- by entering $4,000 on line 4 and $10,000 on were depreciable property. debtedness, if you elect to apply it. The amount line 6. None of the canceled debt is included in 2. Land that is qualified property and is used you can exclude is limited. It can’t be more than: income. or held for use in your farming business. 1. $20,000 (the excess of the $185,000 out- 3. Other qualified property. standing principal amount of your qualified real property business debt (immediately before the cancellation) over the $165,000 Qualified Real Property FMV (immediately before the cancellation) Business Indebtedness of the qualified real property, which se- cured the debt), or If you make an election to exclude canceled 2. $198,000 (the total adjusted basis of de- qualified real property business debt from in- preciable real property you held immedi- come, you must reduce the basis of your depre- ately before the cancellation determined 2. ciable real property (but not below zero) by the after reductions for accumulated deprecia- amount of canceled qualified real property busi- tion and canceled debt excluded under the ness debt excluded from income. The basis re- insolvency exclusion ($220,000 minus duction is made at the beginning of 2024. How- $10,000 minus $12,000)). Foreclosures ever, if you dispose of your depreciable real property before the beginning of 2024, you must Since both limits are more than the $8,000 reduce its basis (but not below zero) immedi- of remaining canceled debt ($20,000 minus and ately before the disposition. Enter the amount of $12,000), you can exclude $8,000 under the the basis reduction on line 4 of Form 982. qualified real property business indebtedness exclusion. Repossessions Example 1—qualified real property busi- You check the boxes on lines 1b and 1d of ness indebtedness and insolvency with re- Form 982. You complete Part II of Form 982 to If you don't make payments you owe on a loan duction in basis. In 2018, you bought a retail reduce the basis in the depreciable real prop- secured by property, the lender may foreclose store for use in a business operated as a sole erty by $20,000, the amount of the canceled on the loan or repossess the property. The fore- proprietorship. You made a $20,000 down pay- debt excluded from income. You enter $8,000 closure or repossession is treated as a sale ment and financed the remaining $200,000 of on line 4 and $12,000 on line 5. from which you may realize gain or loss. This is the purchase price with a bank loan. The bank true even if you voluntarily return the property to loan was a recourse loan and was secured by Example 2—qualified real property busi- the lender. If the outstanding loan balance was the property. You used the property in the busi- ness indebtedness with insolvency and re- more than the FMV of the property and the ness continuously since it was purchased and duction in NOL. You own depreciable real lender cancels all or part of the remaining loan had no other debt secured by that depreciable property used in a retail business. Your adjusted balance, you may also realize ordinary income real property. In addition to the retail store, you basis in the property is $145,000. The FMV of from the cancellation of debt. You must report owned depreciable equipment and furniture the property is $120,000. The property is sub- this income on your return unless certain excep- with an adjusted basis of $50,000. Your tax at- ject to $134,000 of recourse debt, which is se- tions or exclusions apply. See chapter 1 for tributes included the basis of depreciable prop- cured by the property. You had no other debt more details. erty, an NOL, and a capital loss carryover to secured by that depreciable real property. You 2023. also had a $15,000 NOL in 2023. Borrower's gain or loss. You figure and re- Your business encountered financial difficul- During 2023, you entered into a workout port gain or loss from a foreclosure or reposses- ties in 2023. On September 21, 2023, the bank agreement with the lender under which the sion in the same way as gain or loss from a financing the retail store loan entered into a lender canceled $14,000 of the debt on the real sale. The gain is the difference between the workout agreement with you under which it can- property used in the business. Immediately be- amount realized and your adjusted basis in the celed $20,000 of the principal amount of the fore the cancellation, you were insolvent to the transferred property (amount realized minus ad- debt. Immediately before the bank entered into extent of $10,000. You exclude $10,000 of the justed basis). The loss is the difference be- the workout agreement, you were insolvent to canceled debt from income under the insol- tween your adjusted basis in the transferred the extent of $12,000. At that time, the out- vency exclusion. As a result of that exclusion, property and the amount realized (adjusted ba- standing principal balance on the retail store you reduce the NOL by $10,000. sis minus amount realized). For more informa- loan was $185,000, the FMV of the store was You may be able to exclude the remaining tion on figuring gain or loss from the sale of $165,000, and the adjusted basis was $4,000 of canceled debt from income under the property, see Gain or Loss From Sales and Ex- $210,000 ($220,000 cost minus $10,000 accu- qualified real property business indebtedness changes in Pub. 544. mulated depreciation). The bank sent you a exclusion, if you elect to apply it. The amount You can use Table 1-1 to figure your or- 2023 Form 1099-C showing canceled debt of you can exclude is limited. It can't be more than: TIP dinary income from the cancellation of $20,000 in box 2. 1. $14,000 (the excess of the $134,000 out- debt and your gain or loss from a fore- You must apply the insolvency exclusion be- standing principal amount of your qualified closure or repossession. fore applying the exclusion for canceled quali- real property business debt (immediately fied real property business indebtedness. Un- before the cancellation) over the $120,000 Amount realized and ordinary income on der the insolvency exclusion rules, you can FMV (immediately before the cancellation) a recourse debt. If you are personally liable exclude $12,000 of the canceled debt from in- of that qualified real property, which se- for the debt, the amount realized on the foreclo- come. You elect to reduce the basis of depreci- cured the debt), or sure or repossession includes the smaller of: able property before reducing other tax attrib- utes. Under that election, you must first reduce 2. $145,000 (the total adjusted basis of de- 1. The outstanding debt immediately before the basis in the depreciable real property used preciable real property held immediately the transfer reduced by any amount for in the trade or business that secured the can- before the cancellation of debt). which you remain personally liable imme- diately after the transfer, or celed debt. After the basis reduction, the adjus- Since both limits ($14,000 and $145,000) ted basis in that property is $198,000 ($210,000 are more than the remaining $4,000 of canceled 2. The FMV of the transferred property. adjusted basis before entering into the workout debt, you can also exclude the remaining The amount realized also includes any pro- agreement minus $12,000 of canceled debt ex- $4,000 of canceled debt. ceeds you received from the foreclosure sale. If cluded from income under the insolvency exclu- You check the boxes on lines 1b and 1d of the FMV of the transferred property is less than sion). Form 982 and enter $14,000 on line 2. You 12 Chapter 2 Foreclosures and Repossessions Publication 4681 (2023) |
Page 13 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1-1. Worksheet for Foreclosures and the outstanding debt immediately before the Repossessions Keep for Your Records transfer. This is true even if the FMV of the prop- erty is less than the outstanding debt immedi- Part 1. Complete Part 1 only if you were personally liable for the debt (even if none of the debt was ately before the transfer. canceled). Otherwise, go to Part 2. Example 1. You paid $200,000 for a home. 1. Enter the amount of outstanding debt immediately before the transfer of property You made a $15,000 down payment and bor- reduced by any amount for which you remain personally liable immediately after rowed the remaining $185,000 from a bank. You the transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . aren’t personally liable for the loan, but the loan 2. Enter the fair market value of the transferred property . . . . . . . . . . . . . . . . . . was secured by a mortgage on the house. 3. Ordinary income from the cancellation of debt upon foreclosure or The bank foreclosed on the mortgage be- repossession.* Subtract line 2 from line 1. If less than zero, enter zero. Next, go cause you stopped making payments. When to Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the bank foreclosed on the mortgage, the bal- ance due was $180,000, the FMV of the house Part 2. Gain or loss from foreclosure or repossession. was $170,000, and your adjusted basis was 4. Enter the smaller of line 1 or line 2. If you didn't complete Part 1 (because you $175,000 due to a casualty loss that was de- weren't personally liable for the debt), enter the amount of outstanding debt ducted. immediately before the transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . The amount you realized on the foreclosure 5. Enter any proceeds you received from the foreclosure sale . . . . . . . . . . . . . . is $180,000, the outstanding debt immediately before the foreclosure. You figure the gain or 6. Add line 4 and line 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . loss by comparing the $180,000 amount real- 7. Enter the adjusted basis of the transferred property . . . . . . . . . . . . . . . . . . . ized with the $175,000 adjusted basis. You have 8. Gain or loss from foreclosure or repossession. Subtract line 7 a $5,000 realized gain. See Pub. 523, to figure from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and report any taxable amount. * The income may not be taxable. See chapter 1 for more details. Example 2. You bought a new car for $15,000. You made a $2,000 down payment the total outstanding debt immediately before You figure the gain or loss on the foreclosure and borrowed the remaining $13,000 from the the transfer reduced by any amount for which by comparing the $170,000 amount realized dealer's credit company. You aren’t personally you remain personally liable immediately after with the $175,000 adjusted basis. You have a liable for the loan (nonrecourse), but pledged the transfer, the difference is ordinary income $5,000 nondeductible loss. the new car as security for the loan. from the cancellation of debt. You must report On August 3, 2023, the credit company re- this income on your return unless certain excep- Example 2. You bought a new car for possessed the car because you stopped mak- tions or exclusions apply. See chapter 1 for $15,000. You made a $2,000 down payment ing loan payments. The balance due after tak- more details. and borrowed the remaining $13,000 from the ing into account the payments you made was dealer's credit company. You are personally lia- $10,000. The FMV of the car when it was repos- Example 1. In 2022, you paid $200,000 for ble for the loan (recourse debt) and the car is sessed was $9,000. a home. You made a $15,000 down payment pledged as security for the loan. On August 3, The amount you realized on the reposses- and borrowed the remaining $185,000 from a 2023, the credit company repossessed the car sion is $10,000. That is the outstanding amount bank. You are personally liable for the mortgage because you stopped making loan payments. of debt immediately before the repossession, loan and the house secures the loan. In 2023, The balance due after taking into account the even though the FMV of the car is less than the bank foreclosed on the mortgage because payments you made was $10,000. The FMV of $10,000. You figure the gain or loss on the re- you stopped making payments. When the bank the car when it was repossessed was $9,000. possession by comparing the $10,000 amount foreclosed the mortgage, the balance due was On November 16, 2023, the credit company for- realized with the $15,000 adjusted basis. You $180,000, the FMV of the house was $170,000, gave the remaining $1,000 balance on the loan have a $5,000 nondeductible loss. and your adjusted basis was $175,000 due to a due to insufficient assets. casualty loss that was deducted. At the time of In this case, the amount you realize is Forms 1099-A and 1099-C. A lender who ac- the foreclosure, the bank forgave $2,000 of the $9,000. This is the smaller of: quires an interest in your property in a foreclo- sure or repossession should send you Form $10,000 debt in excess of the FMV ($180,000 1. $9,000 (the $10,000 outstanding debt im- 1099-A, Acquisition or Abandonment of Se- minus $170,000). You remained personally lia- mediately before the repossession minus cured Property, showing information you need ble for the $8,000 balance. the $1,000 for which you remain person- to figure your gain or loss. However, if the lender In this case, you have ordinary income from ally liable immediately after the reposses- also cancels part of your debt and must file the cancellation of debt in the amount of sion), or Form 1099-C, the lender can include the infor- $2,000. The $2,000 income from the cancella- tion of debt is figured by subtracting the 2. $9,000 (the FMV of the car). mation about the foreclosure or repossession $170,000 FMV of the house from the $172,000 on that form instead of on Form 1099-A. The difference between the total outstanding debt You figure the gain or loss on the reposses- lender must file Form 1099-C and send you a immediately before the transfer of property and sion by comparing the $9,000 amount realized copy if the amount of debt canceled is $600 or the amount for which you remain personally lia- with the $15,000 adjusted basis. You have a more and the lender is a financial institution, ble immediately after the transfer ($180,000 mi- $6,000 nondeductible loss. After the cancella- credit union, federal government agency, or nus $8,000). You are able to exclude the $2,000 tion of the remaining balance on the loan in No- other applicable entity, as discussed earlier in of canceled debt from income under the quali- vember, you also have ordinary income from chapter 1. For foreclosures or repossessions fied principal residence indebtedness rules, dis- cancellation of debt in the amount of $1,000 occurring in 2023, these forms should be sent cussed earlier. (the remaining balance on the $10,000 loan af- to you by January 31, 2024. You must also determine the gain or loss ter the $9,000 amount satisfied by the FMV of from the foreclosure. In this case, the amount the repossessed car). You must report the realized is $170,000. This is the smaller of: $1,000 on the return unless one of the excep- tions or exclusions described in chapter 1 ap- 1. $172,000 (the $180,000 of outstanding plies. debt immediately before the transfer minus $8,000 for which you remain personally li- able immediately after the transfer), or Amount realized on a nonrecourse debt. If you aren't personally liable for repaying the 2. $170,000 (the FMV of the house). debt secured by the transferred property, the amount you realize includes the full amount of Publication 4681 (2023) Chapter 2 Foreclosures and Repossessions 13 |
Page 14 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. were personally liable for the debt and the amount realized is $185,000 and the adjusted lender didn't complete a foreclosure of the prop- basis in the property is $180,000 (as a result of erty in 2023, you have neither gain nor loss in $20,000 of depreciation deductions on the 3. tax year 2023 from abandoning the property. If property). You have a $5,000 gain in tax year the lender sells the property at a foreclosure 2023. (Had your adjusted basis been greater sale in 2024, you will have to figure the gain or than the amount realized, you would have had a deductible loss for tax year 2024, as discussed deductible loss.) The lender sells the property Abandonments earlier in chapter 2. at a foreclosure sale in 2024. You have neither gain nor loss from the foreclosure sale. Be- You abandon property when you voluntarily and Abandonment of property securing nonre- cause you weren’t personally liable for the debt, permanently give up possession and use of the course debt. If you abandon property that se- you also have no cancellation of debt income. property with the intention of ending your own- cures debt for which you aren't personally liable ership but without passing it on to anyone else. (nonrecourse debt), the abandonment is treated Canceled debt. If the abandoned property se- Whether an abandonment has occurred is de- as a sale or exchange. cures a debt for which you are personally liable termined in light of all the facts and circumstan- The amount you realize on the abandon- and the debt is canceled, you will realize ordi- ces. You must both show an intention to aban- ment of property that secured nonrecourse debt nary income equal to the canceled debt. This don the property and affirmatively act to is the amount of the nonrecourse debt. If the income is separate from any amount realized abandon the property. amount you realize is more than your adjusted from abandonment of the property. You must re- A voluntary conveyance of the property in lieu of basis, then you have a gain. If your adjusted ba- port this income on your return unless one of foreclosure isn’t an abandonment and is treated sis is more than the amount you realize, then the exceptions or exclusions described in chap- as the exchange of property to satisfy a debt. you have a loss. For more information on how to ter 1 applies. For more information, see Sales and Ex- figure gain and loss, see Gain or Loss From changes in Pub. 544. Sales and Exchanges in Pub. 544. Forms 1099-A and 1099-C. In most cases, if The tax consequences of abandonment of Loss from abandonment of business or in- you abandon: property that secures a debt depend on vestment property is deductible as a loss. The • Real property (such as a home), whether you were personally liable for the debt character of the loss depends on the character • Intangible property, or (recourse debt) or weren’t personally liable for of the property. The amount of deductible capi- • Tangible personal property held (wholly or the debt (nonrecourse debt). tal loss may be limited. For more information, partly) for use in a trade or business or for see Treatment of Capital Losses in Pub. 544. investment See Pub. 544 if you abandoned prop- You can't deduct any loss from abandonment of that secures a loan and the lender knows the TIP erty that didn't secure debt. This publi- your home or other property held for personal property has been abandoned, the lender cation only discusses the tax conse- use. should send you Form 1099-A showing informa- quences of abandoning property that secured a tion you need to figure your gain or loss from the debt. Example 1—abandonment of per- abandonment. Also, if your debt is canceled sonal-use property securing nonrecourse and the lender must file Form 1099-C, the Abandonment of property securing re- debt. In 2019, you purchased a home for lender can include the information about the course debt. In most cases, if you abandon $200,000. You borrowed the entire purchase abandonment on that form instead of on Form property that secures debt for which you are price, for which you weren’t personally liable, 1099-A. The lender must file Form 1099-C and personally liable (recourse debt), you don't have and gave the bank a mortgage on the home. In send you a copy if the amount of debt canceled gain or loss until the later foreclosure is comple- 2023, you lost your job and was unable to con- is $600 or more and the lender is a financial in- ted. For details on figuring gain or loss on the tinue making the mortgage loan payments. Be- stitution, credit union, federal government foreclosure, see chapter 2. cause the mortgage loan balance was agency, or other applicable entity, as discussed $185,000 and the FMV of the home was only earlier in chapter 1. Example 1—abandonment of per- $150,000, you decided to abandon the home by For abandonments of property and debt sonal-use property securing recourse debt. permanently moving out on August 1, 2023. Be- cancellations occurring in 2023, these forms In 2019, you purchased a home for $200,000. cause you weren’t personally liable for the debt, should be sent to you by January 31, 2024. You borrowed the entire purchase price, for the abandonment is treated as a sale or ex- which you were personally liable, and gave the change of the home in tax year 2023. Your bank a mortgage on the home. In 2023, you lost amount realized is $185,000 and the adjusted your job and was unable to continue making the basis in the home is $200,000. You have a How To Get Tax Help mortgage loan payments. Because your mort- $15,000 nondeductible loss in tax year 2023. gage loan balance was $185,000 and the FMV (Had your adjusted basis been less than the If you have questions about a tax issue; need of the home was only $150,000, you decided to amount realized, you would have had a gain help preparing your tax return; or want to down- abandon the home by permanently moving out that would have to be included in gross in- load free publications, forms, or instructions, go on August 1, 2023. Because you were person- come.) The bank sells the house at a foreclo- to IRS.gov to find resources that can help you ally liable for the debt and the bank didn't com- sure sale in 2024. You have neither gain nor right away. plete a foreclosure of the property in 2023, you loss from the foreclosure sale. Because you have neither gain nor loss in tax year 2023 from weren’t personally liable for the debt, you also Preparing and filing your tax return. After abandoning the home. If the bank sells the have no cancellation of debt income. receiving all your wage and earnings state- ments (Forms W-2, W-2G, 1099-R, 1099-MISC, house at a foreclosure sale in 2024, you will 1099-NEC, etc.); unemployment compensation have to figure the gain or nondeductible loss for Example 2—abandonment of business tax year 2024, as discussed earlier in chapter 2. or investment property securing nonre- statements (by mail or in a digital format) or course debt. In 2019, you purchased business other government payment statements (Form Example 2—abandonment of business property for $200,000. You borrowed the entire 1099-G); and interest, dividend, and retirement or investment property securing recourse purchase price, for which you weren’t person- statements from banks and investment firms debt. In 2019, you purchased business prop- ally liable, and gave the lender a security inter- (Forms 1099), you have several options to erty for $200,000. You borrowed the entire pur- est in the property. In 2023, you were unable to choose from to prepare and file your tax return. chase price, for which you were personally lia- continue making the loan payments. Because You can prepare the tax return yourself, see if ble, and gave the lender a security interest in the loan balance was $185,000 and the FMV of you qualify for free tax preparation, or hire a tax the property. In 2023, you were unable to con- the property was only $150,000, you decided to professional to prepare your return. tinue making the loan payments. Because the abandon the property on August 3, 2023. Be- loan balance was $185,000 and the FMV of the cause you weren’t personally liable for the debt, Free options for tax preparation. Your op- property was only $150,000, you abandoned the abandonment is treated as a sale or ex- tions for preparing and filing your return online the property on August 1, 2023. Because you change of the property in tax year 2023. Your 14 Publication 4681 (2023) |
Page 15 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or in your local community, if you qualify, include based on your input, provide answers on a Free Over-the-Phone Interpreter (OPI) Serv- the following. number of tax topics. ice. The IRS is committed to serving taxpayers • Free File. This program lets you prepare • IRS.gov/Forms: Find forms, instructions, with limited-English proficiency (LEP) by offer- and file your federal individual income tax and publications. You will find details on ing OPI services. The OPI Service is a federally return for free using software or Free File the most recent tax changes and interac- funded program and is available at Taxpayer Fillable Forms. However, state tax prepara- tive links to help you find answers to your Assistance Centers (TACs), most IRS offices, tion may not be available through Free File. questions. and every VITA/TCE tax return site. The OPI Go to IRS.gov/FreeFile to see if you qualify • You may also be able to access tax infor- Service is accessible in more than 350 lan- for free online federal tax preparation, e-fil- mation in your e-filing software. guages. ing, and direct deposit or payment options. • VITA. The Volunteer Income Tax Assis- Accessibility Helpline available for taxpay- tance (VITA) program offers free tax help to Need someone to prepare your tax return? ers with disabilities. Taxpayers who need in- people with low-to-moderate incomes, per- There are various types of tax return preparers, formation about accessibility services can call sons with disabilities, and limited-Eng- including enrolled agents, certified public ac- 833-690-0598. The Accessibility Helpline can lish-speaking taxpayers who need help countants (CPAs), accountants, and many oth- answer questions related to current and future preparing their own tax returns. Go to ers who don’t have professional credentials. If accessibility products and services available in IRS.gov/VITA, download the free IRS2Go you choose to have someone prepare your tax alternative media formats (for example, braille, app, or call 800-906-9887 for information return, choose that preparer wisely. A paid tax large print, audio, etc.). The Accessibility Help- on free tax return preparation. preparer is: line does not have access to your IRS account. • TCE. The Tax Counseling for the Elderly • Primarily responsible for the overall sub- For help with tax law, refunds, or account-rela- (TCE) program offers free tax help for all stantive accuracy of your return, ted issues, go to IRS.gov/LetUsHelp. taxpayers, particularly those who are 60 • Required to sign the return, and years of age and older. TCE volunteers • Required to include their preparer tax iden- Note. Form 9000, Alternative Media Prefer- specialize in answering questions about tification number (PTIN). ence, or Form 9000(SP) allows you to elect to pensions and retirement-related issues Although the tax preparer always signs receive certain types of written correspondence in the following formats. unique to seniors. Go to IRS.gov/TCE or ! the return, you're ultimately responsible • Standard Print. download the free IRS2Go app for informa- CAUTION for providing all the information re- tion on free tax return preparation. quired for the preparer to accurately prepare • Large Print. • MilTax. Members of the U.S. Armed your return and for the accuracy of every item • Braille. Forces and qualified veterans may use Mil- reported on the return. Anyone paid to prepare Tax, a free tax service offered by the De- tax returns for others should have a thorough • Audio (MP3). partment of Defense through Military One- understanding of tax matters. For more informa- • Plain Text File (TXT). Source. For more information, go to tion on how to choose a tax preparer, go to Tips MilitaryOneSource MilitaryOneSource.mil/ ( for Choosing a Tax Preparer on IRS.gov. • Braille Ready File (BRF). MilTax). Also, the IRS offers Free Fillable Forms, Disasters. Go to IRS.gov/DisasterRelief to re- which can be completed online and then Employers can register to use Business view the available disaster tax relief. e-filed regardless of income. Services Online. The Social Security Adminis- tration (SSA) offers online service at SSA.gov/ Getting tax forms and publications. Go to Using online tools to help prepare your re- employer for fast, free, and secure W-2 filing op- IRS.gov/Forms to view, download, or print all turn. Go to IRS.gov/Tools for the following. tions to CPAs, accountants, enrolled agents, the forms, instructions, and publications you • The Earned Income Tax Credit Assistant and individuals who process Form W-2, Wage may need. Or, you can go to IRS.gov/ (IRS.gov/EITCAssistant) determines if and Tax Statement, and Form W-2c, Corrected OrderForms to place an order. you’re eligible for the earned income credit Wage and Tax Statement. (EIC). Getting tax publications and instructions in • The Online EIN Application IRS.gov/EIN ( ) IRS social media. Go to IRS.gov/SocialMedia eBook format. Download and view most tax helps you get an employer identification to see the various social media tools the IRS publications and instructions (including the In- number (EIN) at no cost. uses to share the latest information on tax structions for Form 1040) on mobile devices as • The Tax Withholding Estimator IRS.gov/ ( changes, scam alerts, initiatives, products, and eBooks at IRS.gov/eBooks. W4App) makes it easier for you to estimate services. At the IRS, privacy and security are IRS eBooks have been tested using Apple's the federal income tax you want your em- our highest priority. We use these tools to share iBooks for iPad. Our eBooks haven’t been tes- ployer to withhold from your paycheck. public information with you. Don’t post your so- ted on other dedicated eBook readers, and This is tax withholding. See how your with- cial security number (SSN) or other confidential eBook functionality may not operate as inten- holding affects your refund, take-home pay, information on social media sites. Always pro- ded. or tax due. tect your identity when using any social net- • The First-Time Homebuyer Credit Account working site. Access your online account. Go to IRS.gov/ Look-up IRS.gov/HomeBuyer ( ) tool pro- The following IRS YouTube channels provide Account to securely access information about vides information on your repayments and short, informative videos on various tax-related your federal tax account. account balance. topics in English, Spanish, and ASL. • View the amount you owe and a break- • The Sales Tax Deduction Calculator • Youtube.com/irsvideos. down by tax year. (IRS.gov/SalesTax) figures the amount you • Youtube.com/irsvideosmultilingua. • See payment plan details or apply for a can claim if you itemize deductions on • Youtube.com/irsvideosASL. new payment plan. Schedule A (Form 1040). • Make a payment or view 5 years of pay- Watching IRS videos. The IRS Video portal ment history and any pending or sched- Getting answers to your tax ques- (IRSVideos.gov) contains video and audio pre- uled payments. tions. On IRS.gov, you can get sentations for individuals, small businesses, • Access your tax records, including key up-to-date information on current and tax professionals. data from your most recent tax return, and events and changes in tax law. transcripts. • IRS.gov/Help: A variety of tools to help you Online tax information in other languages. • View digital copies of select notices from get answers to some of the most common You can find information on IRS.gov/ the IRS. tax questions. MyLanguage if English isn’t your native lan- • Approve or reject authorization requests • IRS.gov/ITA: The Interactive Tax Assistant, guage. from tax professionals. • View your address on file or manage your a tool that will ask you questions and, communication preferences. Publication 4681 (2023) 15 |
Page 16 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Get a transcript of your return. With an on- Making a tax payment. Payments of U.S. tax will be redirected appropriately on IRS.gov to line account, you can access a variety of infor- must be remitted to the IRS in U.S. dollars. take further action. To learn more about the tool mation to help you during the filing season. You Digital assets are not accepted. Go to IRS.gov/ go to IRS.gov/Upload. can get a transcript, review your most recently Payments for information on how to make a pay- filed tax return, and get your adjusted gross in- ment using any of the following options. Note. You can use Schedule LEP (Form come. Create or access your online account at • IRS Direct Pay: Pay your individual tax bill 1040), Request for Change in Language Prefer- IRS.gov/Account. or estimated tax payment directly from your ence, to state a preference to receive notices, checking or savings account at no cost to letters, or other written communications from Tax Pro Account. This tool lets your tax pro- you. the IRS in an alternative language. You may not fessional submit an authorization request to ac- • Debit Card, Credit Card, or Digital Wallet: immediately receive written communications in cess your individual taxpayer IRS online ac- Choose an approved payment processor the requested language. The IRS’s commitment count. For more information, go to IRS.gov/ to pay online or by phone. to LEP taxpayers is part of a multi-year timeline TaxProAccount. • Electronic Funds Withdrawal: Schedule a that began providing translations in 2023. You payment when filing your federal taxes us- will continue to receive communications, includ- Using direct deposit. The safest and easiest ing tax return preparation software or ing notices and letters, in English until they are way to receive a tax refund is to e-file and through a tax professional. translated to your preferred language. choose direct deposit, which securely and elec- • Electronic Federal Tax Payment System: tronically transfers your refund directly into your Best option for businesses. Enrollment is Contacting your local TAC. Keep in mind, financial account. Direct deposit also avoids the required. many questions can be answered on IRS.gov possibility that your check could be lost, stolen, • Check or Money Order: Mail your payment without visiting a TAC. Go to IRS.gov/LetUsHelp destroyed, or returned undeliverable to the IRS. to the address listed on the notice or in- for the topics people ask about most. If you still Eight in 10 taxpayers use direct deposit to re- structions. need help, TACs provide tax help when a tax is- ceive their refunds. If you don’t have a bank ac- • Cash: You may be able to pay your taxes sue can’t be handled online or by phone. All count, go to IRS.gov/DirectDeposit for more in- with cash at a participating retail store. TACs now provide service by appointment, so formation on where to find a bank or credit • Same-Day Wire: You may be able to do you’ll know in advance that you can get the union that can open an account online. same-day wire from your financial institu- service you need without long wait times. Be- tion. Contact your financial institution for fore you visit, go to IRS.gov/TACLocator to find Reporting and resolving your tax-related availability, cost, and time frames. the nearest TAC and to check hours, available identity theft issues. services, and appointment options. Or, on the • Tax-related identity theft happens when Note. The IRS uses the latest encryption IRS2Go app, under the Stay Connected tab, someone steals your personal information technology to ensure that the electronic pay- choose the Contact Us option and click on “Lo- to commit tax fraud. Your taxes can be af- ments you make online, by phone, or from a cal Offices.” fected if your SSN is used to file a fraudu- mobile device using the IRS2Go app are safe lent return or to claim a refund or credit. and secure. Paying electronically is quick, easy, • The IRS doesn’t initiate contact with tax- and faster than mailing in a check or money or- The Taxpayer Advocate payers by email, text messages (including der. Service (TAS) Is Here To shortened links), telephone calls, or social Help You media channels to request or verify per- What if I can’t pay now? Go to IRS.gov/ sonal or financial information. This includes Payments for more information about your op- What Is TAS? requests for personal identification num- tions. bers (PINs), passwords, or similar informa- • Apply for an online payment agreement TAS is an independent organization within the tion for credit cards, banks, or other finan- (IRS.gov/OPA) to meet your tax obligation IRS that helps taxpayers and protects taxpayer cial accounts. in monthly installments if you can’t pay rights. TAS strives to ensure that every taxpayer • Go to IRS.gov/IdentityTheft, the IRS Iden- your taxes in full today. Once you complete is treated fairly and that you know and under- tity Theft Central webpage, for information the online process, you will receive imme- stand your rights under the Taxpayer Bill of on identity theft and data security protec- diate notification of whether your agree- Rights. tion for taxpayers, tax professionals, and ment has been approved. businesses. If your SSN has been lost or • Use the Offer in Compromise Pre-Qualifier How Can You Learn About Your stolen or you suspect you’re a victim of to see if you can settle your tax debt for Taxpayer Rights? tax-related identity theft, you can learn less than the full amount you owe. For what steps you should take. more information on the Offer in Compro- The Taxpayer Bill of Rights describes 10 basic • Get an Identity Protection PIN (IP PIN). IP mise program, go to IRS.gov/OIC. rights that all taxpayers have when dealing with PINs are six-digit numbers assigned to tax- the IRS. Go to TaxpayerAdvocate.IRS.gov to payers to help prevent the misuse of their Filing an amended return. Go to IRS.gov/ help you understand what these rights mean to SSNs on fraudulent federal income tax re- Form1040X for information and updates. you and how they apply. These are your rights. turns. When you have an IP PIN, it pre- Know them. Use them. vents someone else from filing a tax return Checking the status of your amended re- with your SSN. To learn more, go to turn. Go to IRS.gov/WMAR to track the status IRS.gov/IPPIN. of Form 1040-X amended returns. What Can TAS Do for You? It can take up to 3 weeks from the date TAS can help you resolve problems that you Ways to check on the status of your refund. ! you filed your amended return for it to can’t resolve with the IRS. And their service is • Go to IRS.gov/Refunds. CAUTION show up in our system, and processing • Download the official IRS2Go app to your it can take up to 16 weeks. free. If you qualify for their assistance, you will mobile device to check your refund status. be assigned to one advocate who will work with you throughout the process and will do every- • Call the automated refund hotline at Understanding an IRS notice or letter thing possible to resolve your issue. TAS can 800-829-1954. you’ve received. Go to IRS.gov/Notices to find help you if: The IRS can’t issue refunds before additional information about responding to an • Your problem is causing financial difficulty ! mid-February for returns that claimed IRS notice or letter. for you, your family, or your business; CAUTION the EIC or the additional child tax credit • You face (or your business is facing) an im- (ACTC). This applies to the entire refund, not Responding to an IRS notice or letter. You mediate threat of adverse action; or just the portion associated with these credits. can now upload responses to all notices and • You’ve tried repeatedly to contact the IRS letters using the Document Upload Tool. For no- but no one has responded, or the IRS tices that require additional action, taxpayers hasn’t responded by the date promised. 16 Publication 4681 (2023) |
Page 17 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How Can You Reach TAS? How Else Does TAS Help below a certain level and who need to resolve Taxpayers? tax problems with the IRS. LITCs can represent TAS has offices in every state, the District of taxpayers in audits, appeals, and tax collection Columbia, and Puerto Rico. To find your advo- TAS works to resolve large-scale problems that disputes before the IRS and in court. In addi- cate’s number: affect many taxpayers. If you know of one of tion, LITCs can provide information about tax- • Go to TaxpayerAdvocate.IRS.gov/Contact- these broad issues, report it to TAS at IRS.gov/ payer rights and responsibilities in different lan- Us; SAMS. Be sure to not include any personal tax- guages for individuals who speak English as a • Download Pub. 1546, The Taxpayer Advo- payer information. second language. Services are offered for free cate Service Is Your Voice at the IRS, avail- or a small fee. For more information or to find an able at IRS.gov/pub/irs-pdf/p1546.pdf; LITC near you, go to the LITC page at • Call the IRS toll free at 800-TAX-FORM Low Income Taxpayer Clinics TaxpayerAdvocate.IRS.gov/LITC or see IRS (800-829-3676) to order a copy of Pub. (LITCs) Pub. 4134, Low Income Taxpayer Clinic List, at 1546; IRS.gov/pub/irs-pdf/4134.pdf. • Check your local directory; or LITCs are independent from the IRS and TAS. • Call TAS toll free at 877-777-4778. LITCs represent individuals whose income is Publication 4681 (2023) 17 |
Page 18 of 18 Fileid: … ions/p4681/2023/a/xml/cycle04/source 13:14 - 17-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To help us develop a more useful index, please let us know if you have ideas for index entries. Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us. Income from 3 Qualified principal residence 1099-C 4 Co-owners 4 I indebtedness 9 Examples 9 Income from canceled debt 3 Qualified real property business A D Insolvency 6 indebtedness 8 Abandonments 14 Debts: Reduction of tax attributes 10 Reduction of tax attributes 12 Canceled debt 14 Stockholder's 4 Assistance (See Tax help) Definitions: L R Adjusted tax attributes 8 Limits: Real property business B Qualified acquisition Excluded farm debt 8 indebtedness 8 Bankruptcy 6 indebtedness 9 Reduction of tax attributes 10 Qualified farm indebtedness 8 Qualified real property business Recapture: indebtedness 9 Basis reductions 11 Business: Qualified principal residence Loans: Repossessions 12 indebtedness 9 Real property indebtedness 8 Qualified real property business Student 4 indebtedness 8 S C M Stockholder debts 4 Canceled debt 4 E Missing children, photographs Student loans 4 Exceptions: Educational loans 4 of 2 Deductible debt 5 Mortgage Debt Relief Act T (See Qualified Principal Gifts 4 F Residence Indebtedness) Tax attributes, reduction of: Price reduced after purchase 6 Farm indebtedness 8 Bankruptcy 10 Student loans 4 Reduction of tax attributes 11 P Insolvency 10 Exclusions: Foreclosures 12 Principal residence Qualified farm indebtedness 11 Bankruptcy 6 Form: indebtedness 9 Qualified Principal Residence Insolvency 6 1099-A 13 14, Publications (See Tax help) Indebtedness 10 Qualified farm 1099-C 13 14, Qualified real property business indebtedness 12 indebtedness 8 Q Tax help 14 Qualified principal residence G Qualified farm indebtedness 8 indebtedness 9 Qualified real property Gifts 4 Reduction of tax attributes 11 business indebtedness 8 18 Publication 4681 (2023) |