If you are considering a real estate short sale of your home, you should be aware that you might receive a form 1099-C for the amount of the lender's losses.

This is considered loan forgiveness in the eyes of the IRS. If you have other assets such as savings and you are not insolvent, you may end up being responsible to pay ordinary taxes on the amount of the 1099-C.

If you settle a debt with a creditor for less than the full amount owed, you may be required to report this forgiven debt as regular income, with certain important exceptions.

The forgiven debts include money owed after foreclosure or property repossession or credit accounts that you don't pay. 

There are exceptions noted below:

If a lender forgives or writes off $600 or more of a debt's principal (the amount not including interest or fees) must send you and the IRS a Form 1099-C at the end of the year. When you file your tax return for the tax year in which your debt was written off, the IRS will require that you report the amount on the form as income.

Fortunately, the Obama administration passed a law stating that if you are short selling your primary residence, you may be exempt from paying taxes even if a 1099 is submitted to the IRS by the lender.

While you may not have received this form from the creditor, the creditor may have submitted one to the IRS anyway. If you don’t list the income on your tax return and the IRS has the information of the transaction on file, you could get a tax bill or, worse, an audit notice. This could end up costing you more than just the original tax bill.

There are several exceptions stated in the Internal Revenue Code. For example, you do not have to report the income on your tax return if the write off of the debt is intended as a gift, you discharge the debt in bankruptcy, or you were insolvent before the creditor agreed to settle or write off the debt. You should consult a qualified tax and legal counsel to see if these circumstances apply.

 

 

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62 Photos 8270 Beach Farm Lane Edisto Island, SC 29438

8270 Beach Farm Lane
Edisto Island, SC 29438
Edisto Island
Residential

MLS# 26016933 / Active
3 br, 3 ba, 1686 Sqft

Nestled on beautiful Edisto Island, this charming property offers the perfect blend of coastal living. The main residence features 3 bedrooms and 3... 

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$724,900
Provided courtesy of Home Advantage Realty LLC Lowcountry
35 Photos 226 Emerald Isle Drive Moncks Corner, SC 29461

226 Emerald Isle Drive
Moncks Corner, SC 29461
Moss Grove Plantation
Residential

MLS# 26016932 / Active
4 br, 2 ba, 1 Half Bath, 1670 Sqft

Welcome to 226 Emerald Drive, where comfort, convenience, and community come together. This well-cared-for home features upgraded bathrooms and sev... 

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$335,000
Provided courtesy of Carolina One Real Estate
45 Photos 109 Halcyon Road Summerville, SC 29483

109 Halcyon Road
Summerville, SC 29483
Historic District
Residential

MLS# 26016930 / Active
3 br, 2 ba, 1746 Sqft

** $10K Price drop** Welcome home to 109 Halcyon Rd in the heart of historic downtown Summerville! Nestled at the end of a quiet cul-de-sac on a ma... 

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$540,000
Reduced -$10,000
Provided courtesy of The Boulevard Company
50 Photos 3022 Dolphin Watch Drive Charleston, SC 29414

3022 Dolphin Watch Drive
Charleston, SC 29414
Boltons Landing
Residential

MLS# 26016928 / Active
4 br, 2 ba, 1 Half Bath, 2591 Sqft

This 4 bedroom,2.5bath former model Charleston single home offers rare privacy, upgrades and lifestyle that feels effortless from the moment you ar... 

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$600,000
Provided courtesy of EXP Realty LLC
31 Photos 110 Loon Drive Summerville, SC 29483

110 Loon Drive
Summerville, SC 29483
The Ponds
Residential

MLS# 26016927 / Active
3 br, 2 ba, 1 Half Bath, 1713 Sqft

Welcome to 110 Loon Drive in the highly sought-after community of The Ponds! Surrounded by majestic oak trees, scenic walking trails, and resort st... 

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$394,000
Reduced -$1,000
Provided courtesy of EXP Realty LLC
34 Photos 1689 Eider Down Drive Summerville, SC 29483

1689 Eider Down Drive
Summerville, SC 29483
Drakesborough
Residential

MLS# 26016926 / Active
3 br, 2 ba, 1 Half Bath, 1990 Sqft

Nearly 2,000 square feet with a first-floor primary suite, screened porch overlooking the pond, and flexible office space, all at one of the best v... 

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$349,500
Provided courtesy of Keller Williams Realty Charleston
52 Photos 1882 Central Park Road Charleston, SC 29412

1882 Central Park Road
Charleston, SC 29412
Residential

MLS# 26016924 / Active
4 br, 2 ba, 1 Half Bath, 2806 Sqft

Welcome to 1882 Central Park Road, a truly one-of-a-kind James Island retreat offering nearly 3,000 square feet of living space on an extraordinary... 

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$1,200,000
Provided courtesy of Keller Williams Realty Charleston
28 Photos 313 Grand Palm Lane Summerville, SC 29485

313 Grand Palm Lane
Summerville, SC 29485
Palmetto Row
Residential

MLS# 26016922 / Active
3 br, 2 ba, 1 Half Bath, 1824 Sqft

Welcome to your dream home! This gorgeous, meticulously maintained end-unit townhome is a peaceful oasis just one mile from downtown Summerville. F... 

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$375,000
Reduced -$25,000
Provided courtesy of Carolina One Real Estate
65 Photos 190 Calm Water Way Summerville, SC 29486

190 Calm Water Way
Summerville, SC 29486
Cane Bay Plantation
Residential

MLS# 26016921 / Active
4 br, 4 ba, 1 Half Bath, 3411 Sqft

Welcome to this exceptional 4-bedroom, 4.5-bath home in the highly desirable Cane Bay Plantation community, where elegant design, spacious living, ... 

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$560,000
Reduced -$15,000
Provided courtesy of Keller Williams Realty Charleston
57 Photos 1003 Carmela Court North Charleston, SC 29405

1003 Carmela Court
North Charleston, SC 29405
Park Circle
Residential

MLS# 26016920 / Active
3 br, 2 ba, 1 Half Bath, 1683 Sqft

Located on the corner lot of a quiet street in the highly sought-after Park Circle neighborhood, this stunning Charleston Single-style home offers ... 

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$720,000
Provided courtesy of Maven Realty
31 Photos 4466 Mixedwood Drive Ladson, SC 29456

4466 Mixedwood Drive
Ladson, SC 29456
Woodside Manor
Residential

MLS# 26016919 / Active
4 br, 1 ba, 1 Half Bath, 1400 Sqft

Fully updated one story ranch home looking for new owners! PAID OFF SOLAR PANELS!!!!! NO HOA. NO CARPET, updated kitchen cabinets and countertops, ... 

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$287,000
Provided courtesy of AgentOwned Realty Co. Premier Group, Inc.
14 Photos 1880 Andell Bluff Boulevard UNIT E-8 Johns Island, SC 29455

1880 Andell Bluff Boulevard UNIT E-8
Johns Island, SC 29455
Bohicket Marina
Residential

MLS# 26016917 / Active
n/a br, n/a ba, 560 Sqft

Enjoy effortless boating and spectacular Lowcountry sunsets from this ideally positioned 40-foot slip at Bohicket Marina. Located just three slips ... 

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$79,000
Provided courtesy of AgentOwned Realty Preferred Group
59 Photos 3582 Backshore Drive Mount Pleasant, SC 29466

3582 Backshore Drive
Mount Pleasant, SC 29466
Carolina Park
Residential

MLS# 26016916 / Active
5 br, 3 ba, 2400 Sqft

Enjoy Lowcountry Living at Its Finest with this timeless Southern Charmer featuring an abundance of elegant outdoor living spaces, including 4 expa... 

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$925,000
Reduced -$4,000
Provided courtesy of Nicklaus Vance
58 Photos 168 Maritime Way Summerville, SC 29485

168 Maritime Way
Summerville, SC 29485
Summers Corner
Residential

MLS# 26016914 / Active
5 br, 4 ba, 1 Half Bath, 3195 Sqft

Situated on a preferred east/west corner lot in the Heron`s Walk section of Summers Corner, this stunning home offers exceptional curb appeal, an e... 

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$494,750
Reduced -$30,250
Provided courtesy of Matt O'Neill Real Estate
75 Photos 320 Longshore Street UNIT #1046 Charleston, SC 29492

320 Longshore Street UNIT #1046
Charleston, SC 29492
Daniel Island
Residential

MLS# 26016913 / Active
2 br, 2 ba, 1559 Sqft

EXPERIENCE WATERFRONT LUXURY ON DANIEL ISLAND! Discover a one-of-a-kind opportunity at Daniel Island`s Waterfront. This top-floor condo offers view... 

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$1,595,000
Provided courtesy of Realty One Group Coastal
3 Photos 402 Miami Street UNIT Unit A Ladson, SC 29456

402 Miami Street UNIT Unit A
Ladson, SC 29456
College Park Duplexes
Residential

MLS# 26016910 / Active
2 br, 2 ba, 1066 Sqft

BACK ON THE MARKET ! THIS HOME IS PRICED TO SELL! THE SELLER IS HIGHLY MOTIVATED AND WELCOMES ALL REASONABLE OFFERS. CONVENIETLY LOCATED AND OFFERI... 

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$229,900
Reduced -$10,099
Provided courtesy of AgentOwned Realty
8 Photos 1649 Locals Street Summerville, SC 29485

1649 Locals Street
Summerville, SC 29485
Summers Corner
Residential

MLS# 26016908 / Active
3 br, 2 ba, 2340 Sqft

Discover HORIZONS, a place where you can wake up with countless opportunities but no commitments. Where new friends share stories, ideas and advent... 

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$470,000
Provided courtesy of Lennar Sales Corp.
37 Photos 823 Winthrop Street UNIT B Ladson, SC 29456

823 Winthrop Street UNIT B
Ladson, SC 29456
College Park Duplexes
Residential

MLS# 26016907 / Active
2 br, 2 ba, 1086 Sqft

*** SELLER OFFERING THE BUYER A $5000 CONCESSION TO USE FOR A RATE BUY DOWN OR THE BUYERS CLOSING COSTS!!!***Welcome to this beautifully updated ha... 

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$242,500
Provided courtesy of Carolina One Real Estate
57 Photos 8 Battery Park Road Edisto Island, SC 29438

8 Battery Park Road
Edisto Island, SC 29438
Ocean Ridge
Residential

MLS# 26016905 / Active
5 br, 4 ba, 3066 Sqft

Stunning creek & golf course views from this well cared for home overlooking the 14th green. Enter the foyer - views thru to the golf course! There... 

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$1,699,000
Provided courtesy of Edisto Sales & Rentals Realty
26 Photos 1005 Waterwood Drive Goose Creek, SC 29445

1005 Waterwood Drive
Goose Creek, SC 29445
Greenslake Condominiums
Residential

MLS# 26016903 / Active
2 br, 2 ba, 1148 Sqft

Step into contemporary elegance with this stunning end-unit condo, perfectly nestled amidst nature`s embrace. Boasting 2 spacious bedrooms and 2 lu... 

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$165,000
Provided courtesy of Carolina One Real Estate
16 Photos 1040 Red Turnstone Run Summerville, SC 29485

1040 Red Turnstone Run
Summerville, SC 29485
Summers Corner
Residential

MLS# 26016897 / Active
4 br, 2 ba, 1 Half Bath, 2697 Sqft

This spacious two-story home features a formal dining room, study and an open kitchen/living space with quick access to the patio for outdoor livin... 

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$456,495
Provided courtesy of Lennar Sales Corp.
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