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Posted

Please see the following scenario and let me know if it makes sense:

a TP had a short sale of his rental property owned since 2008

Basis $250K, 1099-C $220K, sale price $50K. On Form 982 I am selecting maximum allowed Qualified Real Property Business Indebtedness exclusion which will bring the basis down to $30. I then show $20K long term capital gain on Schedule D.

This way the TP avoids paying ordinary income rate on the cancellation of debt "income"

Thank you for your input

Posted

I am selecting maximum allowed Qualified Real Property Business Indebtedness exclusion which will bring the basis down to $30.

I suppose that's right, assuming he was not insolvent. I don't quite get the numbers. Was the outstanding loan $270,000?

Posted

Loss on Sale of Rental property would flow to form 4797, sale of business property. 1099-C would flow to form 1040 misc income.

Form 4797, Loss on rental property, $50 -$250k= -$200K Loss

Form 1040, Misc Income, 1099-C $220K income

Net 20K ordinary income

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