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Need Help....


Denne

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My client came to me with something new to me.... The 1099A . She had told me the bank took back her rental property and I was really expecting a 1099C. She tells me a 1099C will not be issued. I don't know if that just means for this year of one will not be issued at all. The loan amount on the 1099A was $56,000 however the property Value is listed at $20,000. The bank did sell the property for the $20,000. She actually paid $65,000 for this property two to three years ago. Is she entitled to take a loss on the "Sale" of the property by the bank? It seems like that is what I am reading, but I am not sure how to make the proper calculations....could use some advise there too..... Thanks!

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My client came to me with something new to me.... The 1099A . She had told me the bank took back her rental property and I was really expecting a 1099C. She tells me a 1099C will not be issued. I don't know if that just means for this year of one will not be issued at all. The loan amount on the 1099A was $56,000 however the property Value is listed at $20,000. The bank did sell the property for the $20,000. She actually paid $65,000 for this property two to three years ago. Is she entitled to take a loss on the "Sale" of the property by the bank? It seems like that is what I am reading, but I am not sure how to make the proper calculations....could use some advise there too..... Thanks!

There is a worksheet for foreclosures and repossessions in Pub. 544, 'Sales and Other Dispositions of Assets.' According to that, you would use the $20,000 as the sales price (lesser of FMV or debt canceled). There should also be ordinary income from cancelation of debt of $36,000 ($56,000-$20,000), I don't know why they said a 1099-C wouldn't be issued--maybe it will be in 2008. I would go ahead and report the sale on 2007 return.

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There is a worksheet for foreclosures and repossessions in Pub. 544, 'Sales and Other Dispositions of Assets.' According to that, you would use the $20,000 as the sales price (lesser of FMV or debt canceled). There should also be ordinary income from cancelation of debt of $36,000 ($56,000-$20,000), I don't know why they said a 1099-C wouldn't be issued--maybe it will be in 2008. I would go ahead and report the sale on 2007 return.

Thank so much. I will look for the worksheet!

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