Need Advice - Please Help!

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  • Unregistered

    Need Advice - Please Help!

    I hope you can help me... this is kind of confusing.

    Basically we had to short sell our home last year. I've been doing daycare since 2006. We are now renting a home. I recently received a 1099-C related to our short sell with the "cancellation of debt" amount being listed on the form. Everything I've read online with the IRS says that we would qualify for the "debt relief act" since the home was our primary residence and we never refinanced.

    Anyway today I went to HR Block to do our taxes. The lady was telling me that the amount of 'canceled debt' (@ $150,000) would show up as income that we made even though we didn't receive any of that money. I told her that I thought we would be covered by the debt relief act and she told me that I wouldn't qualify for that because I ran a business from that home and made my income I claimed from working in that home. She basically told me to go home and find all receipts or proof of money that we spent to improve the old house from 2006 till the short sale in 2011. So I did... and I follow up to finish the taxes this coming Monday.

    I just don't understand why we wouldn't qualify for the mortgage debt relief act just because I worked at that home? I'm going to call the IRS help line Monday morning, but wondering if you know anything about this? I am really stressing out and would appreciate all and any advice! Thank you!!!!
  • TomCopeland
    Business Author/Trainer
    • Jun 2010
    • 3062

    #2
    selling short

    Sorry, but I don't know enough about your situation to advise you. Call the IRS. You could also ask your H&R Block person to show you something in writing that supports her position.
    http://www.tomcopelandblog.com

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    • Unregistered

      #3
      Thank you. I am going to call the IRS first thing in the morning when they open.

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      • Unregistered

        #4
        Good morning - I wanted to let you know what I found out in case anyone else is in this situation. I called the IRS this morning... After an hour of being on hold, the rep asked me a lot of questions and she basically said that we should totally qualify for the Mortgage Forgiveness Debt Relief Act and/or Insolvency Clause in our situation. She said that just because I was working from home doing daycare would not make any difference for us to qualify for these things. Anyway - thanks for the advice to call the IRS. I cancelled my follow-up appt with HR Block and have a new appt with a REAL CPA that specializes in doing taxes for people who have gone thru a short sell among other things. I feel so relieved already! Thanks agin

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