Download as pdf or txt
Download as pdf or txt
You are on page 1of 18

Publication 4681

Cat. No. 51508F Contents

Canceled Debts,
What's New .................. 1
Department
of the Reminder . . . . . . . . . . . . . . . . . . . . 2

Foreclosures,
Treasury
Internal Introduction . . . . . . . . . . . . . . . . . . 2
Revenue

Repossessions,
Service Common Situations Covered in
This Publication . . . . . . . . . . . . . 2

and
Chapter 1. Canceled Debts . . . ..... 3
Form 1099-C . . . . . . . . . . ..... 3
Discounts and Loan

Abandonments Modifications . . . . . . . .
Sales or Other Dispositions
(Such as Foreclosures and
..... 4

Repossessions) . . . . . . ..... 4
(for Individuals) Abandonments . . . . . . . . .
Stockholder Debt . . . . . . . .
..... 4
..... 4

Exceptions . . . . . . . . . . . . . . ..... 4
Gifts, Bequests, Devises, and
For use in preparing Inheritances . . . . . . . . . . . . . . 4
Student Loans . . . . . . . . . . . . . .

2021 Returns
4
Deductible Debt . . . . . . . . . . . . . 5
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

Chapter 4. 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 student loan debt. If your stu-
• IRS.gov (English) • IRS.gov/Korean (한국어) dent loan debt was discharged, in whole or in
• IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) part, after December 31, 2020, the amount of
• IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (Tiếng Việt) debt that was discharged may be nontaxable.
See Student Loans, later.

Feb 16, 2022


Discharge of qualified principal residence Comments and suggestions. We welcome
indebtedness before 2026. Qualified princi-
pal residence indebtedness can be excluded
your comments about this publication and sug-
gestions for future editions. Common Situations
from income for discharges before January 1,
2026.
You can send us comments through
IRS.gov/FormComments. Or, you can write to
Covered in This
the Internal Revenue Service, Tax Forms and Publication
Publications, 1111 Constitution Ave. NW,
IR-6526, Washington, DC 20224. The sections of this publication that apply to
Reminder Although we can’t respond individually to you depend on the type of debt canceled, the
Photographs of missing children. The Inter- each comment received, we do appreciate your tax attributes you have, and whether or not you
nal Revenue Service is a proud partner with the feedback and will consider your comments and continue to own the property that was subject to
National Center for Missing & Exploited suggestions as we revise our tax forms, instruc- the debt. Some examples of common circum-
Children® (NCMEC). Photographs of missing tions, and publications. Don’t send tax ques- stances are provided in the following para-
children selected by the Center may appear in tions, tax returns, or payments to the above ad- graphs to help guide you through this publica-
this publication on pages that would otherwise dress. tion. These examples don't cover every
be blank. You can help bring these children situation but are intended to provide general
Getting answers to your tax questions. guidance for the most common situations.
home by looking at the photographs and calling If you have a tax question not answered by this
800-THE-LOST (800-843-5678) if you recog- publication or the How To Get Tax Help section Nonbusiness credit card debt cancellation.
nize a child. at the end of this publication, go to the IRS In- If you had a nonbusiness credit card debt can-
teractive Tax Assistant page at IRS.gov/ celed, you may be able to exclude the canceled
Introduction Help/ITA where you can find topics by using the
search feature or viewing the categories listed.
debt from income if the cancellation occurred in
a title 11 bankruptcy case or you were insolvent
This publication explains the federal tax treat- immediately before the cancellation. You
ment of canceled debts, foreclosures, repos- Getting tax forms, instructions, and pub-
lications. Go to IRS.gov/Forms to download should read Bankruptcy or Insolvency under
sessions, and abandonments. Exclusions in chapter 1 to see if you can ex-
Generally, if you owe a debt to someone current and prior-year forms, instructions, and
publications. clude the canceled debt from income under one
else and they cancel or forgive that debt for less of those provisions. If you can exclude part or
than its full amount, you are treated for income Ordering tax forms, instructions, and all of the canceled debt from income, you also
tax purposes as having income and may have publications. Go to IRS.gov/OrderForms to should read Bankruptcy and Insolvency under
to pay tax on this income. order current forms, instructions, and publica- Reduction of Tax Attributes in chapter 1.
tions; call 800-829-3676 to order prior-year
Note. This publication generally refers to forms and instructions. The IRS will process Personal vehicle repossession. If you had a
debt that is canceled, forgiven, or discharged your order for forms and publications as soon personal vehicle repossessed and disposed of
for less than the full amount of the debt as “can- as possible. Don’t resubmit requests you’ve al- by the lender during the year, you will need to
celed debt.” ready sent us. You can get forms and publica- determine your gain or nondeductible loss on
tions faster online. the disposition. This is explained in chapter 2. If
Sometimes a debt, or part of a debt, that you the lender also canceled all or part of the re-
don't have to pay isn't considered canceled maining amount of the loan, you may be able to
debt. These exceptions are discussed later un- Useful Items
You may want to see: exclude the canceled debt from income if the
der Exceptions. cancellation occurred in a title 11 bankruptcy
Sometimes a canceled debt may be exclu- case or you were insolvent immediately before
ded from your income. But if you do exclude Publication the cancellation. You should read Bankruptcy or
canceled debt from income, you may be re- Insolvency under Exclusions in chapter 1 to see
quired to reduce your “tax attributes.” These ex- 225 Farmer's Tax Guide
if you can exclude the canceled debt from in-
225

clusions and the reduction of tax attributes as- come under one of those provisions. If you can
sociated with them are discussed later under 334 Tax Guide for Small Business (For
exclude part or all of the canceled debt from in-
334

Exclusions. Individuals Who Use Schedule C)


come, you should also read Bankruptcy and In-
Foreclosure and repossession are remedies solvency under Reduction of Tax Attributes in
523 Selling Your Home
that your lender may exercise if you fail to make chapter 1.
523

payments on your loan and you have previously 525 Taxable and Nontaxable Income
granted that lender a mortgage or other security
525

Main home foreclosure or abandonment. If


interest in some of your property. These rem- 536 Net Operating Losses (NOLs) for a lender foreclosed on your main home during
edies allow the lender to seize or sell the prop-
536

Individuals, Estates, and Trusts the year, you will need to determine your gain or
erty securing the loan. When your property is loss on the foreclosure. Foreclosures are ex-
foreclosed upon or repossessed and sold, you 542 Corporations
542

plained in chapter 2 and abandonments are ex-


are treated as having sold the property and you plained in chapter 3.
may recognize taxable gain. Whether you also 544 Sales and Other Dispositions of
544

recognize income from canceled debt depends Assets Main home loan modification (workout
in part on whether you are personally liable for agreement). If a lender agreed to a mortgage
the debt and in part on whether the outstanding 551 Basis of Assets
loan modification (a “workout”) in 2020 that in-
551

loan balance is more than the fair market value cluded a reduction in the principal balance of
908 Bankruptcy Tax Guide
(FMV) of the property. Figuring your gain or loss the loan in 2021, you should read Qualified
908

and income from canceled debt arising from a Principal Residence Indebtedness under Exclu-
Form (and Instructions)
foreclosure or repossession is discussed later sions in chapter 1 to see if you can exclude part
under Foreclosures and Repossessions. 982 Reduction of Tax Attributes Due to or all of the canceled debt from income. If you
Generally, you abandon property when you can exclude part or all of the canceled debt
982

Discharge of Indebtedness (and


voluntarily and permanently give up possession Section 1082 Basis Adjustment) from income, you should also read Qualified
and use of property you own with the intention Principal Residence Indebtedness under Re-
of ending your ownership but without passing it 1099-C Cancellation of Debt duction of Tax Attributes in chapter 1.
on to anyone else. Figuring your gain or loss
1099-C

and income from canceled debt arising from an 1099-DIV Dividends and Distributions
1099-DIV

abandonment is discussed later under Aban-


donments. 3800 General Business Credit
3800

Page 2 Publication 4681 (2021)


• 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-
1. 4835 to report farm rental income based
on crops or livestock produced by a tenant;
sult of a receivership, foreclosure, or similar fed-
eral or state court proceeding other than bank-
or ruptcy.
• Schedule F (Form 1040), line 8, if the debt
Canceled Debts is farm debt and you are a farmer.
Code C—Statute of limitations or expira-
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 and the period for appealing the judgment or
celed in whatever amount it remained unpaid. is 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- creditor elects foreclosure remedies that statu-
TIP charged after December 31, 2020, and
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. John owed $1,000 to Mary. Mary pursuing debt collection after a power of sale in
agreed to accept and John paid $400 in satis- the mortgage or deed of trust is exercised.
faction of the entire debt. John has canceled An applicable entity includes the following.
debt of $600. Code E—Debt relief from probate or
1. A financial institution.
similar proceeding. Code E is used to identify
Example. Margaret owed $1,000 to Henry. 2. A credit union. cancellation of debt as a result of a probate
Henry and Margaret agreed that Margaret court or similar legal proceeding.
3. Any of the following, its successor, or sub-
would provide Henry with services (instead of unit of one of the following. Code F—By agreement. Code F is used to
money) in full satisfaction of the debt. Margaret
identify cancellation of debt as a result of an
doesn't have canceled debt. Instead, she has a. The Federal Deposit Insurance Cor-
agreement between the creditor and the debtor
income from services. poration (FDIC).
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. a defined policy of the creditor to discontinue
d. Any other federal executive agency,
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 can- any military department, the U.S. poses of this identifiable event, a defined policy
cellation 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-
tution or credit union (if the affiliation sub- identifiable event. Code H is used to identify
• The lender agrees to a loan modification an actual cancellation of debt that occurs before
that results in the reduction of the principal jects the subsidiary to federal or state reg-
ulation). any of the identifiable events described in co-
balance of the debt. 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 2021 In-
period
the property. For more details on figuring your structions for Forms 1099-A and 1099-C, avail-
D Foreclosure election
gain or loss, see chapter 2 of this publication or able at IRS.gov/pub/irs-prior/i1099ac--2021.pdf.
E Debt relief from probate or similar proceeding
see Pub. 544. F By agreement
G Decision or policy to discontinue collection
There are several exceptions and exclu- Identifiable event codes. Box 6 of Form
1099-C should indicate the reason the creditor H Other actual discharge before identifiable event
sions that may result in part or all of a canceled
debt being nontaxable. See Exceptions and Ex- filed this form. The codes shown in box 6 are
clusions, later. You must report any taxable explained next. Also, see the chart after the ex- Even if you didn't receive a Form
canceled debt as ordinary income on: planation for a quick reference guide for the co- ! 1099-C, you must report canceled debt
CAUTION as gross income on your tax return un-
• Schedule 1 (Form 1040), line 8c, if the des used in box 6.
debt 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

Chapter 1 Canceled Debts Page 3


all of the debt that has been canceled. The as ordinary or capital) is determined by the Gifts, Bequests, Devises,
amount in box 2 will include principal and may character of the property. If the lender forgives
include interest and other nonprincipal amounts all or part of the amount of the debt in excess of
and Inheritances
(such as fees or penalties). Unless you meet the FMV of the property, the cancellation of the
In most cases, you don't have income from can-
one of the exceptions or exclusions discussed excess debt may result in ordinary income. The
celed debt if the debt is canceled as a gift, be-
later, the amount of the debt that has been can- ordinary income from the cancellation of debt
quest, devise, or inheritance.
celed is ordinary income and must be reported (the excess of the canceled debt over the FMV
on the appropriate form, as discussed earlier. of the property) must be included in your gross
income reported on your tax return unless one Student Loans
Interest included in canceled debt. If any in- of the exceptions or exclusions described later
terest is included in the amount of canceled applies. For more details, see Exceptions and Generally, if you are responsible for making
debt in box 2, it will be shown in box 3. Whether Exclusions, later. loan payments, and the loan is canceled or re-
the interest portion of the canceled debt must paid by someone else, you must include the
be included in your income depends on Nonrecourse debt. If you owned property that amount that was canceled or paid on your be-
whether the interest would be deductible if you was subject to a nonrecourse debt in excess of half in your gross income for tax purposes.
paid it. See Deductible Debt under Exceptions, the FMV of the property, the lender's foreclo- However, in certain circumstances, you may be
later. sure on the property doesn't result in ordinary able to exclude amounts from gross income as
income from the cancellation of debt. The entire a result of the cancellation or repayment of cer-
Persons who each receive a Form 1099-C amount of the nonrecourse debt is treated as an tain student loans. These exclusions are for:
showing the full amount of debt. If you and amount realized on the disposition of the prop- • Student loan cancellation due to meeting
another person were jointly and severally liable erty. The gain or loss on the disposition of the certain work requirements;
for a canceled debt, each of you may get a property is measured by the difference between • Cancellation of certain loans after Decem-
Form 1099-C showing the entire amount of the the total amount realized (the entire amount of ber 31, 2020, and before January 1, 2026;
canceled debt. However, you may not have to the nonrecourse debt plus the amount of cash or
report that entire amount as income. The and the FMV of any property received) and your • Student loan repayment assistance pro-
amount, if any, you must report depends on all adjusted basis in the property. The character of grams.
the facts and circumstances, including: the gain or loss is determined by the character
• State law, of the property. Exclusion for student loan cancellation due
• The amount of debt proceeds each person to meeting certain work requirements. If
received, More information. See chapter 2 of this publi- your student loan is canceled in part or in whole
• How much of any interest deduction from cation and Pubs. 523, 544, and 551 for more in 2021 due to meeting certain work require-
the debt was claimed by each person, details. ments, you may not have to include the can-
• How much of the basis of any co-owned celed debt in your income. To qualify for this
property bought with the debt proceeds work-related exclusion, your loan must have
was allocated to each co-owner, and
Abandonments been made by a qualified lender to assist you in
• Whether the canceled debt qualifies for Recourse debt. If you abandon property that
attending an eligible educational organization
any of the exceptions or exclusions descri- described in section 170(b)(1)(A)(ii). In addition,
secures a debt for which you are personally lia-
bed in this publication. the cancellation must be pursuant to a provision
ble (recourse debt) and the debt is canceled,
in the student loan that all or part of the debt will
See Example 3 under Insolvency, later. you will realize ordinary income equal to the
be canceled if you work:
canceled debt. You must report this income on
• For a certain period of time,
Discounts and Loan your tax return unless one of the exceptions or
exclusions described later applies. For more • In certain professions, and
Modifications details, see Exceptions and Exclusions, later. • For any of a broad class of employers.
This income is separate from any amount real-
If a lender discounts (reduces) the principal bal- ized from the abandonment of the property. For The cancellation of your loan won’t
ance of a loan because you pay it off early, or more details, see chapter 3. ! qualify for tax-free treatment if it was
agrees to a loan modification (a “workout”) that CAUTION made by an educational organization

includes a reduction in the principal balance of Nonrecourse debt. If you abandon property or tax-exempt section 501(c)(3) organization
a loan, the amount of the discount or the that secures a debt for which you aren't person- and was canceled because of the services you
amount of principal reduction is canceled debt. ally liable (nonrecourse debt), you may realize performed for either organization. See Excep-
However, if the debt is nonrecourse and you gain or loss but won't have cancellation of in- tion, later.
didn't retain the collateral, you don't have can- debtedness income.
cellation of debt income. The amount of the Educational organization described in
section 170(b)(1)(A)(ii). This is an educa-
canceled debt must be included in income un-
less one of the exceptions or exclusions descri-
Stockholder Debt tional organization that maintains a regular fac-
bed later applies. For more details, see Excep- ulty and curriculum and normally has a regularly
If you are a stockholder in a corporation and the
tions and Exclusions, later. enrolled body of students in attendance at the
corporation cancels or forgives your debt to it,
place where it carries on its educational activi-
the canceled debt is a constructive distribution.
ties.
Sales or Other Dispositions For more information, see Pub. 542.
(Such as Foreclosures and Qualified lenders. These include the fol-
Repossessions) Exceptions
lowing.
1. The United States, or an instrumentality or
Recourse debt. If you owned property that agency thereof.
was subject to a recourse debt in excess of the There are several exceptions to the require-
ment that you include canceled debt in income. 2. A state, territory, or possession of the Uni-
FMV of the property, the lender's foreclosure or
These exceptions apply before the exclusions ted States; or the District of Columbia; or
repossession of the property is treated as a sale
discussed later and don't require you to reduce any political subdivision thereof.
or disposition of the property by you and may
result in your realization of gain or loss. The your tax attributes. 3. A public benefit corporation that is tax-ex-
gain or loss on the disposition of the property is empt under section 501(c)(3); and that
measured by the difference between the FMV has assumed control of a state, county, or
of the property at the time of the disposition and municipal hospital; and whose employees
your adjusted basis (usually your cost) in the are considered public employees under
property. The character of the gain or loss (such state law.

Page 4 Publication 4681 (2021)


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
1965; and • Fostering national or international amateur
were provided to the educational or-
• Is issued expressly for postsecondary edu- sports competition (but only if none of its
cational expenses to a borrower, regard- activities involve providing athletic facilities
ganization; or
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 quired of the students are for or under the direc-
The cancellation of your loan won’t
may be able to exclude this amount from gross tion of a governmental unit or a tax-exempt sec-
! qualify for tax-free treatment if it is can-
income if the loan was one of the following. tion 501(c)(3) organization.
CAUTION celed because of services you per-
• A loan for postsecondary educational ex- formed for the private educational lender that
penses. Student loan repayment assistance. Stu-
made the loan or other organization that provi-
• 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-
CAUTION ments were made through your partici-
• A state, territory, or possession of the Uni- dents (or former students) are for or under
ted States; or the District of Columbia; or the direction of a governmental unit or a pation in any of the above programs.
any political 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
vocational school, or other postsecondary edu- where it carries on its educational activities. been a deductible expense. This exception ap-
cational organization. Also, the organization plies before the price reduction exception dis-
The cancellation of your loan won’t cussed 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
of Education. Example. In December 2020, you get ac-
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
cludes certain educational organizations loca- early 2021, you have trouble paying your farm
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-
participate in a student aid program adminis- amount you owe for the accounting services.
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 2021.
for one or more of the following purposes.
• Charitable.
Publication 4681 (2021) Page 5
• Accrual method. Unless another exception insolvency exclusion by being an owner of, or a of his debt canceled, Greg can exclude the en-
or exclusion applies, you must include the partner in a partnership that owns, a grantor tire $5,000 canceled debt from income.
canceled debt in ordinary income because trust or disregarded entity that is insolvent. You When completing his tax return, Greg
the expense was deductible in 2020 when must be insolvent to qualify for this exclusion. checks the box on line 1b of Form 982 and en-
you incurred the debt. You were insolvent immediately before the can- ters $5,000 on line 2. Greg completes Part II to
cellation to the extent that the total of all of your reduce his tax attributes as explained under Re-
liabilities was more than the FMV of all of your duction of Tax Attributes, later. Greg doesn't in-
Price Reduced After assets immediately before the cancellation. For clude any of the $5,000 canceled debt on
Purchase purposes of determining insolvency, assets in- Schedule 1 (Form 1040), line 8c. None of the
clude the value of everything you own (includ- canceled debt is included in his income.
If debt you owe the seller for the purchase of ing assets that serve as collateral for debt and
property is reduced by the seller at a time when exempt 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 Greg's total liabili-
tion doesn't result in cancellation of debt in- tirement account). Liabilities include: ties 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 his 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, Greg is 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 his 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 Greg was insolvent immediately before the can-
property subject to the debt is forgiven. cellation, Greg can exclude only $3,000 of the
After you have applied any exceptions to the $5,000 canceled debt from income under the
You can use the Insolvency Worksheet
general rule that a canceled debt is included in insolvency exclusion.
TIP to help calculate the extent that you Greg checks the box on line 1b of Form 982
your income, there are several reasons why you were insolvent immediately before the
might still be able to exclude a canceled debt and includes $3,000 on line 2. Also, Greg com-
cancellation.
from your income. These exclusions are ex- pletes Part II to reduce his tax attributes as 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, Greg must include $2,000 of can-
ses, however, if you exclude canceled debt the insolvency exclusion. This exclusion celed debt on Schedule 1 (Form 1040), line 8c
from income under one of these provisions, you doesn't apply to a cancellation of debt that oc- (unless another exclusion applies).
must also reduce your tax attributes (certain curs in a title 11 bankruptcy case. It also doesn't
credits, losses, and basis of assets) as ex- apply if the debt is qualified principal residence Example 3—joint debt and separate re-
plained later under Reduction of Tax Attributes. indebtedness (defined in this section under turns. In 2021, James and his wife Robin were
Qualified Principal Residence Indebtedness, released from their obligation to pay a debt of
later) unless you elect to apply the insolvency $10,000 for which they were jointly and sever-
Bankruptcy exclusion instead of the qualified principal resi- ally 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. They incurred the debt (originally
included in your income. A title 11 bankruptcy How to report the insolvency exclusion. To $12,000) to finance James's purchase of a
case is a case under title 11 of the United show that you are excluding canceled debt from $9,000 motorcycle and Robin's purchase of a
States Code (including all chapters in title 11 income under the insolvency exclusion, attach laptop computer and software for personal use
such as chapters 7, 11, and 13). You must be a Form 982 to your federal income tax return and for $3,000. They each received a 2021 Form
debtor under the jurisdiction of the court and the check the box on line 1b. On line 2, include the 1099-C from the bank showing the entire can-
cancellation of the debt must be granted by the smaller of the amount of the debt canceled or celed debt of $10,000 in box 2. Based on the
court or occur as a result of a plan approved by the amount by which you were insolvent imme- use of the loan proceeds, they agreed that
the court. diately before the cancellation. You can use the James was responsible for 75% of the debt and
Insolvency Worksheet to help calculate the ex- Robin was responsible for the remaining 25%.
You don’t qualify for the bankruptcy exclu- tent that you were insolvent immediately before Therefore, James's 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 Robin's share is $2,500
nership that owns, a grantor trust or disregar- attributes in Part II of Form 982 as explained un- (25% of $10,000). By completing the Insolvency
ded entity that is a debtor in a title 11 der Reduction of Tax Attributes, later. Worksheet, James determines that, immedi-
bankruptcy case. You must be a debtor in a title
ately before the cancellation of the debt, he was
11 bankruptcy case to qualify for this exclusion. Example 1—amount of insolvency more insolvent to the extent of $5,000 ($15,000 total
than canceled debt. In 2021, Greg was re- liabilities minus $10,000 FMV of his total as-
How to report the bankruptcy exclusion. To leased from his obligation to pay his personal sets). He can exclude $5,000 of his $7,500 can-
show that your debt was canceled in a bank- credit card debt in the amount of $5,000. Greg celed debt. Robin completes a separate Insol-
ruptcy case and is excluded from income, at- received a 2021 Form 1099-C from his credit vency Worksheet and determines she was
tach Form 982 to your federal income tax return card lender showing the entire amount of dis- insolvent to the extent of $4,000 ($9,000 total li-
and check the box on line 1a. Lines 1b through charged debt of $5,000 in box 2. None of the abilities minus $5,000 FMV of her total assets).
1e don't apply to a cancellation that occurs in a exceptions to the general rule that canceled She can exclude her entire canceled debt of
title 11 bankruptcy case. Enter the total amount debt is included in income apply. Greg uses the $2,500.
of debt canceled in your title 11 bankruptcy Insolvency Worksheet to determine that his to- When completing his separate tax return,
case on line 2. You must also reduce your tax tal liabilities immediately before the cancellation James checks the box on line 1b of Form 982
attributes in Part II of Form 982 as explained un- were $15,000 and the FMV of his total assets and enters $5,000 on line 2. He completes Part
der Reduction of Tax Attributes, later. immediately before the cancellation was II to reduce his tax attributes as explained under
$7,000. This means that immediately before the Reduction of Tax Attributes, later. He must in-
Insolvency cancellation, Greg was insolvent to the extent of clude the remaining $2,500 (his $7,500 share of
$8,000 ($15,000 total liabilities minus $7,000 the canceled debt minus the $5,000 extent to
FMV of his total assets). Because the amount which he was insolvent) of canceled debt on
Don't include a canceled debt in income to the by which Greg was insolvent immediately be- Schedule 1 (Form 1040), line 8c (unless an-
extent that you were insolvent immediately be- fore the cancellation was more than the amount other exclusion applies).
fore the cancellation. You don’t qualify for the

Page 6 Publication 4681 (2021)


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 (2021) Page 7


When completing her return, Robin checks For more information about the basis of 2020 tax years, at least 50% of Bob's total
the box on line 1b of Form 982 and enters property, see Pub. 551. gross receipts were from the trade or business
$2,500 on line 2. She completes Part II to re- of farming. Bob received a 2021 Form 1099-C
duce her tax attributes as explained under Re- Adjusted tax attributes. Adjusted tax at- from the qualified lender showing discharged
duction of Tax Attributes, later. She doesn't in- tributes means the sum of the following items. debt of $10,000 in box 2. The FMV of Bob's to-
clude any of the canceled debt on Schedule 1 1. Any net operating loss (NOL) for 2021 and tal assets on March 2, 2021 (immediately be-
(Form 1040), line 8c. None of the canceled debt any NOL carryover to 2021. fore the cancellation of the credit card debt),
has to be included in her income. was $7,000 and Bob's total liabilities at that time
2. Any net capital loss for 2021 and any capi- were $11,000. Bob's adjusted tax attributes (a
tal loss carryover to 2021. 2021 NOL) are $7,000 and Bob has $4,000 to-
Qualified Farm Indebtedness tal adjusted basis in qualified property at the be-
3. Any passive activity loss carryover from
2021. ginning of 2022.
You can exclude canceled farm debt from in-
Bob qualifies to exclude $4,000 of the can-
come on your 2021 return if all of the following 4. Three times the sum of any: celed debt under the insolvency exclusion be-
apply.
a. General business credit carryover to cause he is insolvent to the extent of $4,000 im-
• The debt was incurred directly in connec- mediately before the cancellation ($11,000 total
tion with your operation of the trade or or from 2021,
liabilities minus $7,000 FMV of total assets).
business of farming. b. Minimum tax credit available as of the Bob must reduce his tax attributes under the in-
• 50% or more of your total gross receipts for beginning of 2022, solvency rules before applying the rules for
2018, 2019, and 2020 were from the trade
c. Foreign tax credit carryover to or from qualified farm debt.
or business of farming.
2021, and Bob also qualifies to exclude the remaining
• The cancellation was made by a qualified $6,000 of canceled qualified farm debt. The
person. A qualified person is an individual, d. Passive activity credit carryover from limit on Bob's exclusion from income of can-
organization, partnership, association, cor- 2021. celed qualified farm debt is $7,000, the sum of:
poration, or other person who is actively
and regularly engaged in the business of Qualified property. This is any property 1. His adjusted tax attributes of $3,000 (the
lending money. A qualified person also in- you use or hold for use in your trade or business $7,000 NOL minus the $4,000 reduction of
cludes any federal, state, or local govern- or for the production of income. tax attributes required because of the
ment or agency or instrumentality of one of $4,000 exclusion of canceled debt under
those governments. For example, the U.S. How to report the qualified farm indebted- the insolvency exclusion), and
Department of Agriculture is a qualified ness exclusion. To show that all or part of
your canceled debt is excluded from income 2. His total adjusted basis of $4,000 in quali-
person. A qualified person can't be related
because it is qualified farm debt, check the box fied property he held at the beginning of
to you, can't be the person from whom you
on line 1c of Form 982 and attach it to your 2022.
acquired the property (or a person related
to this person), and can't be a person who Form 1040 or 1040-SR. On line 2 of Form 982, Bob checks the boxes on lines 1b and 1c of
receives a fee due to your investment in include the amount of the qualified farm debt Form 982 and enters $10,000 on line 2. Bob
the property (or a person related to this canceled, but not more than the exclusion limit completes Part II to reduce his tax attributes as
person). (explained earlier). You must also reduce your explained under Reduction of Tax Attributes,
tax attributes in Part II of Form 982 as explained later. Bob doesn't include any of his canceled
For the definition of the term “related person,” under Reduction of Tax Attributes, later.
see Related persons under At-Risk Amounts in debt in income.
Pub. 925, Passive Activity and At-Risk Rules. Example 1—only qualified farm indebt- Example 3—no qualified farm indebted-
edness exclusion applies. In 2021, Chuck ness exclusion when insolvent to the extent
Other exclusions must be applied before was released from his obligation to pay a
the qualified farm indebtedness exclusion. of canceled debt. The facts are the same as
$10,000 debt that was incurred directly in con- in Example 2, except that immediately before
This exclusion doesn't apply to a cancellation of nection with his trade or business of farming.
debt in a title 11 bankruptcy case or to the ex- the cancellation, Bob was insolvent to the ex-
Chuck received a Form 1099-C from the quali- tent of the full $10,000 canceled debt. Because
tent you were insolvent immediately before the fied lender showing discharged debt of $10,000
cancellation. If qualified farm debt is canceled in the exclusion for qualified farm debt doesn't ap-
in box 2. For his 2018, 2019, and 2020 tax ply to the extent that Bob’s insolvency (immedi-
a title 11 case, you must apply the bankruptcy years, at least 50% of Chuck's total gross re-
exclusion rather than the exclusion for canceled ately before the cancellation) was equal to the
ceipts were from the trade or business of farm- full amount of the canceled debt, he checks
qualified farm debt. If you were insolvent imme- ing. Chuck's adjusted tax attributes are $5,000
diately before the cancellation of qualified farm only the box on line 1b of Form 982 and enters
and Chuck has $3,000 total adjusted basis in $10,000 on line 2. Bob completes Part II to re-
debt, you must apply the insolvency exclusion qualified property at the beginning of 2022.
before applying the exclusion for canceled duce his tax attributes based on the insolvency
Chuck had no other debt canceled during 2021 exclusion as explained under Reduction of Tax
qualified farm debt. and no other exception or exclusion relating to Attributes, later. Bob doesn't include any of the
canceled debt income applies. canceled debt in income.
Exclusion limit. The amount of canceled Chuck can exclude $8,000 ($5,000 of adjus-
qualified farm debt you can exclude from in- ted tax attributes plus $3,000 total adjusted ba-
come under this exclusion is limited. It can't be sis in qualified property at the beginning of Qualified Real Property
more than the sum of: 2022) of the $10,000 canceled debt from in- Business Indebtedness
1. Your adjusted tax attributes, and come. Chuck checks the box on line 1c of Form
982 and enters $8,000 on line 2. Also, Chuck You can elect to exclude canceled qualified real
2. The total adjusted basis of qualified prop- completes Part II to reduce his tax attributes as property business indebtedness from income.
erty you held at the beginning of 2022. explained under Reduction of Tax Attributes, Qualified real property business indebtedness
If you excluded canceled debt under the insol- later. The remaining $2,000 of canceled quali- is debt (other than qualified farm debt) that
vency exclusion, the adjusted basis of any fied farm debt is included in Chuck's income on meets all of the following conditions.
qualified property and adjusted tax attributes Schedule F (Form 1040), line 8.
1. It was incurred or assumed in connection
are determined after any reduction of tax attrib- with real property used in a trade or busi-
utes required under the insolvency exclusion. Example 2—both insolvency and quali-
fied farm indebtedness exclusions apply. ness. Real property used in a trade or
Any canceled qualified farm debt that is business doesn’t include real property de-
more than this limit must be included in your in- On March 2, 2021, Bob was released from his
obligation to pay a $10,000 business credit card veloped and held primarily for sale to cus-
come. tomers in the ordinary course of business.
debt that was used directly in connection with
his farming business. For his 2018, 2019, and

Page 8 Publication 4681 (2021)


2. It is secured by that real property. As long real property acquired in contemplation of exclusion other than the qualified real property
as certain other requirements are met, in- the cancellation). business debt exclusion.
debtedness that is secured by 100% of the Curt elects to apply the qualified real prop-
ownership interest in a disregarded entity Note. When figuring the first limit in (1) erty business debt exclusion to the canceled
holding real property will be treated as in- above, reduce the FMV of the business real debt. The amount of canceled qualified real
debtedness that is secured by real prop- property securing the debt (immediately before property business debt that he can exclude
erty. For more information, and for the re- the cancellation) by the outstanding principal from income is limited. The amount he can ex-
quirements that must be met, see amount of any other qualified real property busi- clude can’t be more than either:
Revenue Procedure 2014-20, available at ness debt secured by that property (immedi-
1. $20,000 (the excess of the $185,000 out-
IRS.gov/irb/2014-9_IRB#RP-2014-20. ately before the cancellation). When figuring the
standing principal amount of his qualified
second (overall) limit in (2) above, use the ad-
3. It was incurred or assumed: real property business debt immediately
justed basis of the depreciable real property af-
before the cancellation over the $165,000
a. Before 1993; or ter any reductions in basis required because of
FMV of the business real property secur-
the exclusion of debt canceled under the bank-
b. After 1992, if the debt is either (i) ing the debt), or
ruptcy, insolvency, or farm debt provisions de-
qualified acquisition indebtedness
scribed in this publication or because of other 2. $210,000 (the total adjusted basis of the
(defined next), or (ii) debt incurred to
basis adjustments that may apply to that depre- depreciable real property he held immedi-
refinance qualified real property busi-
ciable property. ately before the cancellation).
ness debt incurred or assumed before
For more information about the basis of
1993 (but only to the extent the .
property, see Pub. 551.
amount of such debt doesn't exceed Thus, Curt can exclude the entire $20,000 of
the amount of debt being refinanced). canceled qualified real property business debt
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 from income. Curt checks the box on line 1d of
rules. election to exclude canceled qualified real prop- Form 982 and enters $20,000 on line 2. Curt
erty business debt from gross income. The must also use line 4 of Form 982 to reduce his
Residential rental property generally election must be made on a timely filed federal basis in depreciable real property by the
TIP qualifies as real property used in a income tax return (including extensions) for $20,000 of canceled qualified real property
trade or business unless you also use 2021 and can be revoked only with IRS con- business debt excluded from his income as ex-
the dwelling as a home. For more information, sent. The election is made by completing Form plained under Reduction of Tax Attributes, later.
see Dwelling Unit Used as a Home in Pub. 527. 982 in accordance with its instructions. Attach
Form 982 to your federal income tax return for Qualified Principal
Definition of qualified acquisition indebted-
ness. Qualified acquisition indebtedness is:
2021 and check the box on line 1d. Include the
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 Qualified principal residence indebtedness is
real property that is used in a trade or busi- Form 982. You must also reduce your tax attrib- any mortgage you took out to buy, build, or sub-
ness and secures the debt; or utes in Part II of Form 982 as explained under stantially improve your main home. It must also
be secured by your main home. Qualified princi-
• Debt resulting from the refinancing of quali- Reduction of Tax Attributes, later.
fied acquisition indebtedness, to the extent pal residence indebtedness also includes any
If you timely filed your tax return without
the amount of the debt doesn't exceed the debt secured by your main home that you used
making this election, you can still make the
amount of debt being refinanced. to refinance a mortgage you took out to buy,
election by filing an amended return within 6
build, or substantially improve your main home,
months of the due date of the return (excluding
Other exclusions must be applied before but only up to the amount of the old mortgage
extensions). Enter “Filed pursuant to section
the qualified real property business indebt- principal just before the refinancing.
301.9100-2” on the amended return and file it at
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 Example 1—qualified principal resi-
immediately before the cancellation. If qualified business indebtedness exclusion. In 2015, dence indebtedness amount after refi-
real property business debt is canceled in a title Curt bought a retail store for use in a business nance. In 2020, Becky bought a main home for
11 bankruptcy case, you must apply the bank- he operated as a sole proprietorship. Curt made $315,000. She took out a $300,000 mortgage
ruptcy exclusion rather than the exclusion for a $20,000 down payment and financed the re- loan to buy the home and made a down pay-
canceled qualified real property business debt. maining $200,000 of the purchase price with a ment of $15,000. The loan was secured by the
If you were insolvent immediately before the bank loan. The bank loan was a recourse loan home. Later that year, Becky took out a second
cancellation of qualified real property business and was secured by the property. Curt used the mortgage loan in the amount of $50,000 that
debt, you must apply the insolvency exclusion property in his business continuously since he she used to add a garage to her home.
before applying the exclusion for canceled bought it. He had no other debt secured by that In 2021, when the outstanding principal of
qualified real property business debt. depreciable real property. In addition to the re- her first and second mortgage loans was
tail store, Curt owned depreciable equipment $325,000, Becky refinanced the two loans into
Exclusion limit. The amount of canceled and furniture with an adjusted basis of $50,000. one loan in the amount of $400,000. The FMV
qualified real property business debt you can Curt's business encountered financial diffi- of the home at the time of the refinancing was
exclude from income under this exclusion has culties in 2021. On September 21, 2021, the $430,000. She used the additional $75,000
two limits. The amount you can exclude can't be bank financing the retail store loan entered into debt proceeds ($400,000 new mortgage loan
more than either: a workout agreement with Curt under which it minus $325,000 outstanding principal balances
1. The excess (if any) of the outstanding prin- canceled $20,000 of the debt. Immediately be- of her first and second mortgage loans immedi-
cipal amount of the qualified real property fore the cancellation, the outstanding principal ately before the refinancing) to pay off personal
business debt (immediately before the balance on the retail store loan was $185,000, credit cards and to pay college tuition for her
cancellation) over the FMV (immediately the FMV of the store was $165,000, and the ad- daughter.
before the cancellation) of the business justed basis was $210,000 ($220,000 cost mi- After the refinancing, Becky's qualified prin-
real property securing the debt, or nus $10,000 accumulated depreciation). cipal residence indebtedness is $325,000 be-
The bank sent him a 2021 Form 1099-C cause the $400,000 debt resulting from the refi-
2. The total adjusted basis of depreciable showing discharged debt of $20,000 in box 2. nancing is qualified principal residence
real property you held immediately before Curt had no tax attributes other than the basis indebtedness only to the extent it isn't more
the cancellation of the qualified real prop- to reduce and didn't qualify for any exception or than the old mortgage principal just before the
erty business debt (other than depreciable
refinancing (the $325,000 of outstanding

Publication 4681 (2021) Page 9


principal on Becky's first and second mort- Ken refinanced the debt for $850,000. At the Bankruptcy and Insolvency
gages, which both qualified as principal resi- time of the refinancing, the principal balance of
dence indebtedness). the original mortgage loan was $740,000. Ken No tax attributes other than basis of per-
used the $110,000 he obtained from the refi- sonal-use property. If the canceled debt you
Example 2—refinancing home equity nancing ($850,000 minus $740,000) to pay off are excluding isn't excluded as qualified princi-
loan used for other purposes. In 2020, his credit cards and to buy a new car. pal residence indebtedness and you have no
Steve acquired his main home for $200,000, About 2 years after the refinancing, Ken lost tax attributes other than the adjusted basis of
subject to a mortgage of $175,000. Later that his job and was unable to get another job pay- personal-use property (see the list of seven tax
year, he took out a home equity loan for ing a comparable salary. Ken's home had de- attributes, later), you must reduce the basis of
$10,000, secured by his main home, which he clined in value to between $600,000 and the personal-use property you held at the be-
used to pay off personal credit cards. $650,000. Based on Ken's circumstances, the ginning of 2022 (in proportion to adjusted ba-
In 2021, when the outstanding principal on lender agreed to allow a short sale of the prop- sis). Personal-use property is any property that
his mortgage was $170,000, and the outstand- erty for $620,000 and to cancel the remaining isn't used in your trade or business or held for
ing principal on his home equity loan was $115,000 of the outstanding $735,000 debt. investment (such as your home, home furnish-
$9,000, he refinanced the two loans into one Under the ordering rule, Ken can exclude only ings, and car). Include on line 10a of Form 982
loan in the amount of $200,000. The FMV of the $5,000 of the canceled debt from his income the smallest of:
home at the time of refinancing was $210,000. under the exclusion for canceled qualified prin-
He used the additional $21,000 ($200,000 new cipal residence indebtedness ($115,000 can- 1. The basis of your personal-use property
mortgage loan minus $179,000 outstanding celed debt minus the $110,000 amount of the held at the beginning of 2022,
principal balances on the mortgage and home debt that wasn't qualified principal residence in- 2. The amount of canceled nonbusiness debt
equity loan) to cover medical expenses. debtedness). Ken must include the remaining (other than qualified principal residence in-
After refinancing, Steve's 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).
fied principal residence indebtedness only to 3. The excess of the total basis of the prop-
the extent it refinances debt that had been se- How to report the qualified principal resi- erty and the amount of money you held im-
cured by the main home and was used to buy, dence indebtedness exclusion. To show mediately after the cancellation over your
build, or substantially improve the main home. that 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 2020, Mya bought a car for
Other exclusions must be applied before dence indebtedness, but not more than the personal use. The cost of the car was $12,000.
the qualified principal residence indebted- amount of the exclusion limit (explained earlier). Mya put down $2,000 and took out a loan of
ness exclusion. This exclusion doesn't apply If you continue to own your home after a cancel- $10,000 to buy the car. The loan was a re-
to a cancellation of debt in a title 11 bankruptcy lation of qualified principal residence indebted- course loan, meaning that Mya was personally
case. If qualified principal residence indebted- ness, you must reduce your basis in the home liable for the full amount of the debt.
ness is canceled in a title 11 bankruptcy case, as explained under Reduction of Tax Attributes On December 7, 2021, 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 Mya had stopped
dence indebtedness. If you were insolvent im-
making payments on the loan. The FMV of the
mediately before the cancellation, you can elect Reduction of Tax car was $7,000 at the time the lender repos-
to apply the insolvency exclusion (as explained
under Insolvency, earlier) instead of applying Attributes sessed and sold it. The lender applied the
$7,000 it received on the sale of the car against
the qualified principal residence indebtedness
Mya's loan and forgave the remaining loan bal-
exclusion. To do this, check the box on line 1b If you exclude canceled debt from income, you ance of $1,500 ($8,500 outstanding balance im-
of Form 982 instead of the box on line 1e. must reduce certain tax attributes (but not be- mediately before the repossession minus the
low zero) by the amount excluded. Use Part II of $7,000 FMV of the car).
Exclusion limit. The maximum amount you Form 982 to reduce your tax attributes. The or- Mya's only other assets at the time of the
can treat as qualified principal residence indebt- der in which the tax attributes are reduced de- cancellation are the furniture in her 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 her sav-
come if the cancellation was for services per- Form 982) was more than your total tax attrib- ings account. Thus, the FMV of Mya's 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). Mya 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,
fied principal residence indebtedness, the ex- Residence Indebtedness bringing her total liabilities at that time to
$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, Mya held all of
(immediately before the cancellation) that isn’t dence indebtedness from income and you con- these assets at the beginning of 2022. 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 2022.
other exclusion. below zero) by the amount of the canceled Mya received a 2021 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
tion of nonqualified principal residence celed) and $7,000 in box 7 (FMV of the prop-
basis reduction on line 10b of Form 982. erty). Mya can exclude all $1,500 of canceled
debt. Ken incurred recourse debt of $800,000
when he bought his main home for $880,000. debt from income because at the time of the
For more details on determining the basis of cancellation, she was insolvent to the extent of
When the FMV of the property was $1 million, your main home, see Pub. 523. $2,900 ($14,500 of total liabilities immediately

Page 10 Publication 4681 (2021)


before the cancellation minus $11,600 FMV of 4. Net capital loss and capital loss carry- can reduce the basis of this property by all or
total assets at that time). overs. First reduce any 2021 net capital part of the canceled debt. Basis of property is
Mya checks box 1b on Form 982 and enters loss and then any capital loss carryover to reduced in the following order.
$1,500 on line 2. She enters $100 on line 10a, 2021 (after taking into account any
1. Depreciable real property used in your
the smallest of: amount used to reduce 2021 taxable in-
trade or business or held for investment
come) in the order of the tax years from
1. The $5,500 basis of her personal-use that secured the canceled debt.
which the carryovers arose, starting with
property held at the beginning of 2022
the earliest year. Reduce the net capital 2. Depreciable personal property used in
($5,000 furniture plus $500 jewelry),
loss or carryover by one dollar for each your trade or business or held for invest-
2. The $1,500 nonbusiness debt she is ex- dollar of excluded canceled debt. ment that secured the canceled debt.
cluding from income on line 2 of Form 982,
5. Basis. Reduce the basis of the property 3. Other depreciable property used in your
or
you hold at the beginning of 2022 in the trade or business or held for investment.
3. The $100 excess of the total basis of the following order (and, within each category,
4. Real property held primarily for sale to
property and the amount of money Mya in proportion to adjusted basis).
customers if you elect to treat it as if it
held immediately after the cancellation
a. Real property used in your trade or were depreciable property on Form 982.
over her total liabilities at that time ($5,500
business or held for investment (other
basis of property held immediately after Basis reduction is limited to the total adjus-
than real property held for sale to cus-
the cancellation plus $600 savings minus ted basis of all your depreciable property. De-
tomers in the ordinary course of busi-
$6,000 student loan). preciable property for this purpose means any
ness) if it secured the canceled debt.
property subject to depreciation or amortization,
Mya must reduce (by one dollar for each b. Personal property used in your trade but only if a reduction of basis will reduce the
dollar of excluded canceled debt) her basis in or business or held for investment depreciation or amortization otherwise allowa-
each item of property she holds at the begin- (other than inventory and accounts ble for the period immediately following the ba-
ning of 2022 in proportion to her total adjusted and notes receivable) if it secured the sis reduction. If the amount of canceled debt
basis in all her property. The total reduction, canceled debt. excluded from income is more than the total ba-
however, can't be more than (3) above—the
c. Any other property used in your trade sis in depreciable property, you must use the
$100 excess of her total adjusted basis and the
or business or held for investment excess to reduce the other tax attributes in the
money she held after the cancellation over her
(other than inventory, accounts re- order described earlier under All other tax attrib-
total liabilities after the cancellation. See the ba-
ceivable, notes receivable, and real utes. In figuring the limit on the basis reduction
sis attribute under All other tax attributes next.
property held for sale to customers in in (5), Basis, use the remaining adjusted basis
Thus, she reduces her basis as follows.
the ordinary course of business). of your properties after making this election.
1. The furniture's basis is 91% of her total ad- See Form 982 for information on how to make
justed basis ($5,000 divided by $5,500), d. Inventory, accounts receivable, notes this election. The election can be revoked only
so she reduces it by $91 (the $100 excess receivable, and real property held pri- with IRS consent.
in (3) multiplied by 0.91). marily for sale to customers in the or-
dinary course of business. Recapture of basis reductions. If you reduce
2. The jewelry’s basis is 9% of her total ad-
e. Personal-use property (property not the basis of property under these provisions
justed basis ($500 divided by $5,500), so
used in your trade or business nor and later sell or otherwise dispose of the prop-
she reduces it by $9 (the $100 excess in
held for investment). erty at a gain, the part of the gain due to this ba-
(3) multiplied by 0.09).
sis reduction is taxable as ordinary income un-
Reduce the basis by one dollar for der the depreciation recapture provisions. Treat
All other tax attributes. If the canceled debt each dollar of excluded canceled debt. any property that isn't section 1245 or section
is excluded by reason of the bankruptcy or in- However, the reduction can't be more than 1250 property as section 1245 property. For
solvency exclusion, you must use the excluded the excess of the total basis of the prop- section 1250 property, determine the deprecia-
debt to reduce the following tax attributes (but erty and the amount of money you held im- tion adjustments that would have resulted under
not below zero) in the order listed unless you mediately after the debt cancellation over the straight line method as if there were no ba-
elect to reduce the basis of depreciable prop- your total liabilities immediately after the sis reduction for debt cancellation. See Pub.
erty first, as explained later. Reduce your tax at- cancellation. 544, or Pub. 225, for more details on sections
tributes after you figure your income tax liability For allocation rules that apply to basis 1245 and 1250 property and the recapture of
for 2021. reductions for multiple canceled debts, gain as ordinary income.
1. Net operating loss (NOL). First reduce see Regulations section 1.1017-1(b)(2).
Also see Election to reduce the basis of
any 2021 NOL and then reduce any NOL
carryover to 2021 (after taking into ac- depreciable property before reducing Qualified Farm Indebtedness
count any amount used to reduce 2021 other tax attributes, later.
taxable income) in the order of the tax If you exclude canceled debt from income un-
6. Passive activity loss and credit carry- der both the insolvency exclusion and the ex-
years from which the carryovers arose, overs. Reduce the passive activity loss
starting with the earliest year. Reduce the clusion for qualified farm indebtedness, you
and credit carryovers from 2021. Reduce must first reduce your tax attributes by the
NOL or carryover by one dollar for each the loss carryover by one dollar for each
dollar of excluded canceled debt. amount excluded under the insolvency exclu-
dollar of excluded canceled debt. Reduce sion. Then, reduce your remaining tax attributes
2. General business credit carryover. Re- the credit carryover by 331/3 cents for each (but not below zero) by the amount of canceled
duce the credit carryover to or from 2021. dollar of excluded canceled debt. debt that qualifies for the farm debt exclusion.
Reduce the credit carryovers to 2021 in 7. Foreign tax credit. Reduce the credit
the order in which they are taken into ac- carryover to or from 2021. Reduce the In most cases, when reducing your tax at-
count for 2021. For more information on credit carryovers to 2021 in the order in tributes for canceled qualified farm indebted-
the credit ordering rules for 2021, see the which they are taken into account for ness excluded from income, reduce them in the
Instructions for Form 3800. Reduce the 2021. Reduce the carryover by 331/3 cents same order explained under Bankruptcy and In-
carryover by 331/3 cents for each dollar of for each dollar of excluded canceled debt. solvency, earlier. However, don't follow the
excluded canceled debt. rules in item (5), Basis. Instead, reduce only the
3. Minimum tax credit. Reduce the mini- Election to reduce the basis of depreciable basis of qualified property. Qualified property is
mum tax credit available at the beginning property before reducing other tax attrib- any property you use or hold for use in your
of 2022. Reduce the credit by 331/3 cents utes. You can elect to reduce the basis of de- trade or business or for the production of in-
for each dollar of excluded canceled debt. preciable property you held at the beginning of come. Reduce the basis of qualified property in
2022 before reducing other tax attributes. You the following order.

Publication 4681 (2021) Page 11


1. Depreciable qualified property. You can agreement minus $12,000 of canceled debt ex- Since both limits ($14,000 and $145,000)
elect on Form 982 to treat real property cluded from income under the insolvency exclu- are more than the remaining $4,000 of can-
held primarily for sale to customers as if it sion). celed debt, Bob can also exclude the remaining
were depreciable property. Curt may be able to exclude the remaining $4,000 of canceled debt.
$8,000 of canceled debt from income under the Bob checks the boxes on lines 1b and 1d of
2. Land that is qualified property and is used
exclusion for qualified real property business in- Form 982 and enters $14,000 on line 2. Bob
or held for use in your farming business.
debtedness, if he elects to apply it. The amount completes Part II of Form 982 to reduce his ba-
3. Other qualified property. he can exclude is limited. It can’t be more than: sis of depreciable real property and his 2021
NOL by entering $4,000 on line 4 and $10,000
1. $20,000 (the excess of the $185,000 out-
on line 6. None of the canceled debt is included
Qualified Real Property standing principal amount of his qualified
in his income.
Business Indebtedness real property business debt (immediately
before the cancellation) over the $165,000
If you make an election to exclude canceled FMV (immediately before the cancellation)
qualified real property business debt from in- of the qualified real property, which se-
come, you must reduce the basis of your depre- cured the debt), or
ciable real property (but not below zero) by the 2. $198,000 (the total adjusted basis of de-
amount of canceled qualified real property busi- preciable real property he held immedi-
ness debt excluded from income. The basis re- ately before the cancellation determined
duction is made at the beginning of 2022. How- after reductions for accumulated deprecia-
ever, if you dispose of your depreciable real tion and canceled debt excluded under
property before the beginning of 2022, you
must reduce its basis (but not below zero) im-
the insolvency exclusion ($220,000 minus
$10,000 minus $12,000)).
2.
mediately before the disposition. Enter the
amount of the basis reduction on line 4 of Form Since both limits are more than the $8,000
982. of remaining canceled debt ($20,000 minus
$12,000), Curt can exclude $8,000 under the
Foreclosures
qualified real property business indebtedness
Example 1—qualified real property busi-
ness indebtedness and insolvency with re- exclusion. and
duction in basis. In 2016, Curt bought a retail Curt checks the boxes on lines 1b and 1d of
store for use in a business he operated as a
sole proprietorship. Curt made a $20,000 down
Form 982. He completes Part II of Form 982 to
reduce his basis in the depreciable real prop- Repossessions
payment and financed the remaining $200,000 erty by $20,000, the amount of the canceled
of the purchase price with a bank loan. The debt excluded from income. He enters $8,000 If you don't make payments you owe on a loan
bank loan was a recourse loan and was se- on line 4 and $12,000 on line 5. secured by property, the lender may foreclose
cured by the property. He used the property in on the loan or repossess the property. The fore-
his business continuously since he bought it Example 2—qualified real property busi- closure or repossession is treated as a sale
and had no other debt secured by that depreci- ness indebtedness with insolvency and re- from which you may realize gain or loss. This is
able real property. In addition to the retail store, duction in NOL. Bob owns depreciable real true even if you voluntarily return the property to
Curt owned depreciable equipment and furni- property used in his retail business. His adjus- the lender. If the outstanding loan balance was
ture with an adjusted basis of $50,000. His tax ted basis in the property is $145,000. The FMV more than the FMV of the property and the
attributes included the basis of depreciable of the property is $120,000. The property is lender cancels all or part of the remaining loan
property, an NOL, and a capital loss carryover subject to $134,000 of recourse debt which is balance, you may also realize ordinary income
to 2021. secured by the property. Bob had no other debt from the cancellation of debt. You must report
Curt's business encountered financial diffi- secured by that depreciable real property. Bob this income on your return unless certain excep-
culties in 2021. On September 21, 2021, the also had a $15,000 NOL in 2021. tions or exclusions apply. See chapter 1 for
bank financing the retail store loan entered into During 2021, Bob entered into a workout more details.
a workout agreement with him under which it agreement with the lender under which the
canceled $20,000 of the principal amount of the lender canceled $14,000 of the debt on the real Borrower's gain or loss. You figure and re-
debt. Immediately before the bank entered into property used in his business. Immediately be- port gain or loss from a foreclosure or reposses-
the workout agreement, he was insolvent to the fore the cancellation, Bob was insolvent to the sion in the same way as gain or loss from a
extent of $12,000. At that time, the outstanding extent of $10,000. He excludes $10,000 of the sale. The gain is the difference between the
principal balance on the retail store loan was canceled debt from income under the insol- amount realized and your adjusted basis in the
$185,000, the FMV of the store was $165,000, vency exclusion. As a result of that exclusion, transferred property (amount realized minus ad-
and the adjusted basis was $210,000 he reduced his NOL by $10,000. justed basis). The loss is the difference be-
($220,000 cost minus $10,000 accumulated de- Bob may be able to exclude the remaining tween your adjusted basis in the transferred
preciation). The bank sent him a 2021 Form $4,000 of canceled debt from income under the property and the amount realized (adjusted ba-
1099-C showing canceled debt of $20,000 in qualified real property business indebtedness sis minus amount realized). For more informa-
box 2. exclusion, if he elects to apply it. The amount tion on figuring gain or loss from the sale of
Curt must apply the insolvency exclusion he can exclude is limited. It can't be more than: property, see Gain or Loss From Sales and Ex-
before applying the exclusion for canceled changes in Pub. 544.
1. $14,000 (the excess of the $134,000 out-
qualified real property business indebtedness. standing principal amount of his qualified You can use Table 1-1 to figure your
Under the insolvency exclusion rules, he can real property business debt (immediately TIP ordinary income from the cancellation
exclude $12,000 of the canceled debt from in- before the cancellation) over the $120,000 of debt and your gain or loss from a
come. Curt elects to reduce his basis of depre- FMV (immediately before the cancellation) foreclosure or repossession.
ciable property before reducing other tax attrib- of that qualified real property, which se-
utes. Under that election, he must first reduce cured the debt), or Amount realized and ordinary income
his basis in the depreciable real property used on a recourse debt. If you are personally lia-
in his trade or business that secured the can- 2. $145,000 (the total adjusted basis of de-
ble for the debt, the amount realized on the
celed debt. After the basis reduction, his adjus- preciable real property held immediately
foreclosure or repossession includes the
ted basis in that property is $198,000 ($210,000 before the cancellation of debt).
smaller of:
adjusted basis before entering into the workout
1. The outstanding debt immediately before
the transfer reduced by any amount for

Page 12 Chapter 2 Foreclosures and Repossessions


Table 1-1. Worksheet for Foreclosures and the repossessed car). Tara must report this
Keep for Your Records $1,000 on her return unless one of the excep-
Repossessions
tions or exclusions described in chapter 1 ap-
Part 1. Complete Part 1 only if you were personally liable for the debt (even if none of the debt was plies.
canceled). Otherwise, go to Part 2.
1. Enter the amount of outstanding debt immediately before the transfer of Amount realized on a nonrecourse debt.
property reduced by any amount for which you remain personally liable If you aren't personally liable for repaying the
immediately after the transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . debt secured by the transferred property, the
amount you realize includes the full amount of
2. Enter the fair market value of the transferred property . . . . . . . . . . . . . . . . . .
the outstanding debt immediately before the
3. Ordinary income from the cancellation of debt upon foreclosure or transfer. This is true even if the FMV of the
repossession.* Subtract line 2 from line 1. If less than zero, enter zero. Next, property is less than the outstanding debt im-
go to Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mediately before the transfer.
Part 2. Gain or loss from foreclosure or repossession.
Example 1. Lili paid $200,000 for her
4. Enter the smaller of line 1 or line 2. If you didn't complete Part 1 (because you home. She made a $15,000 down payment and
weren't personally liable for the debt), enter the amount of outstanding debt borrowed the remaining $185,000 from a bank.
immediately before the transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . She isn't personally liable for the loan, but the
5. Enter any proceeds you received from the foreclosure sale . . . . . . . . . . . . . . loan was secured by a mortgage on the house.
The bank foreclosed on the mortgage be-
6. Add line 4 and line 5 ........................................
cause Lili stopped making payments. When the
7. Enter the adjusted basis of the transferred property . . . . . . . . . . . . . . . . . . . bank foreclosed on the mortgage, the balance
8. Gain or loss from foreclosure or repossession. Subtract line 7 due was $180,000, the FMV of the house was
from line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $170,000, and Lili's adjusted basis was
$175,000 due to a casualty loss she had deduc-
*
The income may not be taxable. See chapter 1 for more details. ted.
The amount Lili realized on the foreclosure
which you remain personally liable imme- that she realizes is $170,000. This is the smaller is $180,000, the outstanding debt immediately
diately after the transfer, or of: before the foreclosure. She figures her gain or
2. The FMV of the transferred property. 1. $172,000 (the $180,000 of outstanding loss by comparing the $180,000 amount real-
debt immediately before the transfer mi- ized with her $175,000 adjusted basis. Lili has a
The amount realized also includes any pro- nus $8,000 for which she remains person- $5,000 realized gain. See Pub. 523, to figure
ceeds you received from the foreclosure sale. If ally liable immediately after the transfer), and report any taxable amount.
the FMV of the transferred property is less than or
the total outstanding debt immediately before Example 2. Tara bought a new car for
the transfer reduced by any amount for which 2. $170,000 (the FMV of the house). $15,000. She made a $2,000 down payment
you remain personally liable immediately after and borrowed the remaining $13,000 from the
Lili figures her gain or loss on the foreclo-
the transfer, the difference is ordinary income dealer's credit company. Tara isn't personally li-
sure by comparing the $170,000 amount real-
from the cancellation of debt. You must report able for the loan (nonrecourse), but pledged the
ized with her $175,000 adjusted basis. She has
this income on your return unless certain excep- new car as security for the loan.
a $5,000 nondeductible loss.
tions or exclusions apply. See chapter 1 for On August 3, 2021, the credit company re-
more details. possessed the car because Tara had stopped
Example 2. Tara bought a new car for
making loan payments. The balance due after
$15,000. She made a $2,000 down payment
Example 1. In 2020, Lili paid $200,000 for taking into account the payments Tara made
and borrowed the remaining $13,000 from the
her home. She made a $15,000 down payment was $10,000. The FMV of the car when it was
dealer's credit company. Tara is personally lia-
and borrowed the remaining $185,000 from a repossessed was $9,000.
ble for the loan (recourse debt) and the car is
bank. Lili is personally liable for the mortgage The amount Tara realized on the reposses-
pledged as security for the loan. On August 3,
loan and the house secures the loan. In 2021, sion is $10,000. That is the outstanding amount
2021, the credit company repossessed the car
the bank foreclosed on the mortgage because of debt immediately before the repossession,
because Tara had stopped making loan pay-
Lili stopped making payments. When the bank even though the FMV of the car is less than
ments. The balance due after taking into ac-
foreclosed the mortgage, the balance due was $10,000. Tara figures her gain or loss on the re-
count the payments Tara made was $10,000.
$180,000, the FMV of the house was $170,000, possession by comparing the $10,000 amount
The FMV of the car when it was repossessed
and Lili's adjusted basis was $175,000 due to a realized with her $15,000 adjusted basis. Tara
was $9,000. On November 16, 2021, the credit
casualty loss she had deducted. At the time of has a $5,000 nondeductible loss.
company forgave the remaining $1,000 balance
the foreclosure, the bank forgave $2,000 of the
on the loan due to insufficient assets.
$10,000 debt in excess of the FMV ($180,000 Forms 1099-A and 1099-C. A lender who ac-
In this case, the amount Tara realizes is
minus $170,000). She remained personally lia- quires an interest in your property in a foreclo-
$9,000. This is the smaller of:
ble for the $8,000 balance. sure or repossession should send you Form
In this case, Lili has ordinary income from 1. $9,000 (the $10,000 outstanding debt im- 1099-A, Acquisition or Abandonment of Se-
the cancellation of debt in the amount of mediately before the repossession minus cured Property, showing information you need
$2,000. The $2,000 income from the cancella- the $1,000 for which she remains person- to figure your gain or loss. However, if the
tion of debt is figured by subtracting the ally liable immediately after the reposses- lender also cancels part of your debt and must
$170,000 FMV of the house from the $172,000 sion), or file Form 1099-C, the lender can include the in-
difference between her total outstanding debt formation about the foreclosure or repossession
2. $9,000 (the FMV of the car).
immediately before the transfer of property and on that form instead of on Form 1099-A. The
the amount for which she remains personally li- Tara figures her gain or loss on the repos- lender must file Form 1099-C and send you a
able immediately after the transfer ($180,000 session by comparing the $9,000 amount real- copy if the amount of debt canceled is $600 or
minus $8,000). She is able to exclude the ized with her $15,000 adjusted basis. She has a more and the lender is a financial institution,
$2,000 of canceled debt from her income under $6,000 nondeductible loss. After the cancella- credit union, federal government agency, or
the qualified principal residence indebtedness tion of the remaining balance on the loan in No- other applicable entity as discussed earlier in
rules discussed earlier. vember, Tara also has ordinary income from chapter 1. For foreclosures or repossessions
Lili must also determine her gain or loss cancellation of debt in the amount of $1,000 occurring in 2021, these forms should be sent
from the foreclosure. In this case, the amount (the remaining balance on the $10,000 loan af- to you by January 31, 2022.
ter the $9,000 amount satisfied by the FMV of

Chapter 2 Foreclosures and Repossessions Page 13


the property on August 1, 2021. Because Sue as a sale or exchange of the property in tax year
was personally liable for the debt and the lender 2021. Robert's amount realized is $185,000
3. didn't complete a foreclosure of the property in
2021, Sue has neither gain nor loss in tax year
and his adjusted basis in the property is
$180,000 (as a result of $20,000 of depreciation
2021 from abandoning the property. If the deductions on the property). Robert has a
lender sells the property at a foreclosure sale in $5,000 gain in tax year 2021. (Had Robert’s ad-
Abandonments 2022, Sue will have to figure her gain or deduc-
tible loss for tax year 2022 as discussed earlier
justed basis been greater than the amount real-
ized, he would have had a deductible loss.) The
in chapter 2. lender sells the property at a foreclosure sale in
You abandon property when you voluntarily and 2022. Robert has neither gain nor loss from the
permanently give up possession and use of the Abandonment of property securing nonre- foreclosure sale. Because he wasn't personally
property with the intention of ending your own- course debt. If you abandon property that se- liable for the debt, he also has no cancellation
ership but without passing it on to anyone else. cures debt for which you aren't personally liable of debt income.
Whether an abandonment has occurred is de- (nonrecourse debt), the abandonment is treated
termined in light of all the facts and circumstan- as a sale or exchange. Canceled debt. If the abandoned property se-
ces. You must both show an intention to aban- The amount you realize on the abandon- cures a debt for which you are personally liable
don the property and affirmatively act to ment of property that secured nonrecourse debt and the debt is canceled, you will realize ordi-
abandon the property. is the amount of the nonrecourse debt. If the nary income equal to the canceled debt. This
A voluntary conveyance of the property in lieu amount you realize is more than your adjusted income is separate from any amount realized
of foreclosure isn’t an abandonment and is trea- basis, then you have a gain. If your adjusted ba- from abandonment of the property. You must
ted as the exchange of property to satisfy a sis is more than the amount you realize, then report this income on your return unless one of
debt. For more information, see Sales and Ex- you have a loss. For more information on how the exceptions or exclusions described in chap-
changes in Pub. 544. to figure gain and loss, see Gain or Loss From ter 1 applies.
Sales and Exchanges in Pub. 544.
The tax consequences of abandonment of Forms 1099-A and 1099-C. In most cases, if
Loss from abandonment of business or in-
property that secures a debt depend on you abandon:
vestment property is deductible as a loss. The
whether you were personally liable for the debt • Real property (such as a home),
character of the loss depends on the character
(recourse debt) or weren’t personally liable for • Intangible property, or
of the property. The amount of deductible capi-
the debt (nonrecourse debt). • Tangible personal property held (wholly or
tal loss may be limited. For more information,
See Pub. 544 if you abandoned prop- see Treatment of Capital Losses in Pub. 544. partly) for use in a trade or business or for
TIP erty that didn't secure debt. This publi- You can't deduct any loss from abandonment of investment
cation only discusses the tax conse- your home or other property held for personal that secures a loan and the lender knows the
quences of abandoning property that secured a use. property has been abandoned, the lender
debt. should send you Form 1099-A showing infor-
Example 1—abandonment of per- mation you need to figure your gain or loss from
sonal-use property securing nonrecourse the abandonment. Also, if your debt is canceled
Abandonment of property securing re-
debt. In 2017, Timothy purchased a home for and the lender must file Form 1099-C, the
course debt. In most cases, if you abandon
$200,000. He borrowed the entire purchase lender can include the information about the
property that secures debt for which you are
price, for which he wasn't personally liable, and abandonment on that form instead of on Form
personally liable (recourse debt), you don't
gave the bank a mortgage on the home. In 1099-A. The lender must file Form 1099-C and
have gain or loss until the later foreclosure is
2021, Timothy lost his job and was unable to send you a copy if the amount of debt canceled
completed. For details on figuring gain or loss
continue making his mortgage loan payments. is $600 or more and the lender is a financial in-
on the foreclosure, see chapter 2.
Because his mortgage loan balance was stitution, credit union, federal government
Example 1—abandonment of per- $185,000 and the FMV of his home was only agency, or other applicable entity as discussed
sonal-use property securing recourse debt. $150,000, Timothy decided to abandon his earlier in chapter 1.
In 2017, Anne purchased a home for $200,000. home by permanently moving out on August 1, For abandonments of property and debt
She borrowed the entire purchase price, for 2021. Because Timothy wasn't personally liable cancellations occurring in 2021, these forms
which she was personally liable, and gave the for the debt, the abandonment is treated as a should be sent to you by January 31, 2022.
bank a mortgage on the home. In 2021, Anne sale or exchange of the home in tax year 2021.
lost her job and was unable to continue making Timothy's amount realized is $185,000 and his
her mortgage loan payments. Because her adjusted basis in the home is $200,000. Timo-
mortgage loan balance was $185,000 and the thy has a $15,000 nondeductible loss in tax
FMV of her home was only $150,000, Anne de- year 2021. (Had Timothy’s adjusted basis been
cided to abandon her home by permanently less than the amount realized, Timothy would
moving out on August 1, 2021. Because Anne
was personally liable for the debt and the bank
have had a gain that he would have to include
in gross income.) The bank sells the house at a
4.
didn't complete a foreclosure of the property in foreclosure sale in 2022. Timothy has neither
gain nor loss from the foreclosure sale. Be-
2021, Anne has neither gain nor loss in tax year
2021 from abandoning the home. If the bank cause he wasn't personally liable for the debt,
he also has no cancellation of debt income.
How To Get Tax
sells the house at a foreclosure sale in 2022,
Anne will have to figure her gain or nondeducti-
ble loss for tax year 2022 as discussed earlier in Example 2—abandonment of business Help
or investment property securing nonre-
chapter 2.
course debt. In 2017, Robert purchased busi- If you have questions about a tax issue; need
Example 2—abandonment of business ness property for $200,000. He borrowed the help preparing your tax return; or want to down-
or investment property securing recourse entire purchase price, for which he wasn't per- load free publications, forms, or instructions, go
debt. In 2017, Sue purchased business prop- sonally liable, and gave the lender a security in- to IRS.gov to find resources that can help you
erty for $200,000. She borrowed the entire pur- terest in the property. In 2021, Robert was un- right away.
chase price, for which she was personally lia- able to continue making his loan payments.
ble, and gave the lender a security interest in Because his loan balance was $185,000 and Preparing and filing your tax return. After
the property. In 2021, Sue was unable to con- the FMV of the property was only $150,000, receiving all your wage and earnings state-
tinue making her loan payments. Because her Robert decided to abandon the property on Au- ments (Forms W-2, W-2G, 1099-R, 1099-MISC,
loan balance was $185,000 and the FMV of the gust 3, 2021. Because Robert wasn't personally 1099-NEC, etc.); unemployment compensation
property was only $150,000, Sue abandoned liable for the debt, the abandonment is treated statements (by mail or in a digital format) or

Page 14 Chapter 4 How To Get Tax Help


other government payment statements (Form retirees and self-employed individuals. The more information about these payments and
1099-G); and interest, dividend, and retirement features include the following. how they can affect your taxes.
statements from banks and investment firms ▶ Easy to understand language.
(Forms 1099), you have several options to ▶ The ability to switch between Coronavirus. Go to IRS.gov/Coronavirus for
choose from to prepare and file your tax return. screens, correct previous entries, and skip links to information on the impact of the corona-
You can prepare the tax return yourself, see if screens that don’t apply. virus, as well as tax relief available for individu-
you qualify for free tax preparation, or hire a tax ▶ Tips and links to help you determine als and families, small and large businesses,
professional to prepare your return. if you qualify for tax credits and deduc- and tax-exempt organizations.
tions.
For 2021, if you received an Economic Employers can register to use Business
▶ A progress tracker.
! Impact Payment (EIP), refer to your Services Online. The Social Security Adminis-
▶ A self-employment tax feature.
CAUTION Notice 1444-C, Your 2021 Economic
▶ Automatic calculation of taxable so- tration (SSA) offers online service at SSA.gov/
Impact Payment. If you received Advance Child employer for fast, free, and secure online W-2
cial security benefits.
Tax Credit payments, refer to your Letter 6419. filing options to CPAs, accountants, enrolled
• The First-Time Homebuyer Credit Account agents, and individuals who process Form W-2,
Look-up (IRS.gov/HomeBuyer) tool pro-
Free options for tax preparation. Go to Wage and Tax Statement, and Form W-2c,
vides information on your repayments and
IRS.gov to see your options for preparing and Corrected Wage and Tax Statement.
account balance.
filing your return online or in your local commun-
ity, if you qualify, which include the following.
• The Sales Tax Deduction Calculator IRS social media. Go to IRS.gov/SocialMedia
(IRS.gov/SalesTax) figures the amount you
• Free File. This program lets you prepare to see the various social media tools the IRS
can claim if you itemize deductions on
and file your federal individual income tax uses to share the latest information on tax
Schedule A (Form 1040).
return for free using brand-name tax-prep- changes, scam alerts, initiatives, products, and
aration-and-filing software or Free File filla- Getting answers to your tax ques- services. At the IRS, privacy and security are
ble forms. However, state tax preparation tions. On IRS.gov, you can get our highest priority. We use these tools to share
may not be available through Free File. Go up-to-date information on current public information with you. Don’t post your so-
to IRS.gov/FreeFile to see if you qualify for events and changes in tax law. cial security number (SSN) or other confidential
free online federal tax preparation, e-filing, information on social media sites. Always pro-
and direct deposit or payment options.
• IRS.gov/Help: A variety of tools to help you tect your identity when using any social net-
get answers to some of the most common working site.
• VITA. The Volunteer Income Tax Assis- tax questions.
tance (VITA) program offers free tax help The following IRS YouTube channels pro-
to people with low-to-moderate incomes,
• IRS.gov/ITA: The Interactive Tax Assistant, vide short, informative videos on various tax-re-
a tool that will ask you questions and,
persons with disabilities, and limited-Eng- lated topics in English, Spanish, and ASL.
based on your input, provide answers on a
lish-speaking taxpayers who need help
number of tax law topics.
• Youtube.com/irsvideos.
preparing their own tax returns. Go to • Youtube.com/irsvideosmultilingua.
IRS.gov/VITA, download the free IRS2Go
• IRS.gov/Forms: Find forms, instructions, • Youtube.com/irsvideosASL.
and publications. You will find details on
app, or call 800-906-9887 for information
2021 tax changes and hundreds of interac-
on free tax return preparation. Watching IRS videos. The IRS Video portal
tive links to help you find answers to your
• TCE. The Tax Counseling for the Elderly questions.
(IRSVideos.gov) contains video and audio pre-
(TCE) program offers free tax help for all sentations for individuals, small businesses,
taxpayers, particularly those who are 60
• You may also be able to access tax law in- and tax professionals.
formation in your electronic filing software.
years of age and older. TCE volunteers
specialize in answering questions about Online tax information in other languages.
pensions and retirement-related issues Need someone to prepare your tax return? You can find information on IRS.gov/
unique to seniors. Go to IRS.gov/TCE, There are various types of tax return preparers, MyLanguage if English isn’t your native lan-
download the free IRS2Go app, or call including tax preparers, enrolled agents, certi- guage.
888-227-7669 for information on free tax fied public accountants (CPAs), attorneys, and
return preparation. Free Over-the-Phone Interpreter (OPI) Serv-
many others who don’t have professional cre-
• MilTax. Members of the U.S. Armed ice. The IRS is committed to serving our multi-
dentials. If you choose to have someone pre-
Forces and qualified veterans may use Mil- lingual customers by offering OPI services. The
pare your tax return, choose that preparer
Tax, a free tax service offered by the De- OPI Service is a federally funded program and
wisely. A paid tax preparer is:
partment of Defense through Military One- is available at Taxpayer Assistance Centers
• Primarily responsible for the overall sub- (TACs), other IRS offices, and every VITA/TCE
Source. For more information, go to stantive accuracy of your return,
MilitaryOneSource (MilitaryOneSource.mil/ return site. The OPI Service is accessible in
• Required to sign the return, and more than 350 languages.
Tax). • Required to include their preparer tax iden-
Also, the IRS offers Free Fillable tification number (PTIN).
Forms, which can be completed online and Accessibility Helpline available for taxpay-
then filed electronically regardless of in- ers with disabilities. Taxpayers who need in-
Although the tax preparer always signs the re-
come. formation about accessibility services can call
turn, you're ultimately responsible for providing
833-690-0598. The Accessibility Helpline can
all the information required for the preparer to
Using online tools to help prepare your re- answer questions related to current and future
accurately prepare your return. Anyone paid to
turn. Go to IRS.gov/Tools for the following. accessibility products and services available in
prepare tax returns for others should have a
• The Earned Income Tax Credit Assistant alternative media formats (for example, braille,
thorough understanding of tax matters. For
(IRS.gov/EITCAssistant) determines if large print, audio, etc.).
more information on how to choose a tax pre-
you’re eligible for the earned income credit parer, go to Tips for Choosing a Tax Preparer
(EIC). Getting tax forms and publications. Go to
on IRS.gov.
• The Online EIN Application (IRS.gov/EIN) IRS.gov/Forms to view, download, or print all of
helps you get an employer identification the forms, instructions, and publications you
Advance child tax credit payments. From
number (EIN) at no cost. may need. Or, you can go to IRS.gov/
July through December 2021, advance pay-
• The Tax Withholding Estimator (IRS.gov/ OrderForms to place an order.
ments were sent automatically to taxpayers with
W4app) makes it easier for everyone to qualifying children who met certain criteria. The
pay the correct amount of tax during the Getting tax publications and instructions in
advance child tax credit payments were early
year. The tool is a convenient, online way eBook format. You can also download and
payments of up to 50% of the estimated child
to check and tailor your withholding. It’s view popular tax publications and instructions
tax credit that taxpayers may properly claim on
more user-friendly for taxpayers, including their 2021 returns. Go to IRS.gov/AdvCTC for

Chapter 4 How To Get Tax Help Page 15


(including the Instructions for Form 1040) on on identity theft and data security protec- • Use the Offer in Compromise Pre-Qualifier
mobile devices as eBooks at IRS.gov/eBooks. tion for taxpayers, tax professionals, and to see if you can settle your tax debt for
businesses. If your SSN has been lost or less than the full amount you owe. For
Note. IRS eBooks have been tested using stolen or you suspect you’re a victim of more information on the Offer in Compro-
Apple's iBooks for iPad. Our eBooks haven’t tax-related identity theft, you can learn mise program, go to IRS.gov/OIC.
been tested on other dedicated eBook readers, what steps you should take.
and eBook functionality may not operate as in- • Get an Identity Protection PIN (IP PIN). IP Filing an amended return. You can now file
tended. PINs are six-digit numbers assigned to tax- Form 1040-X electronically with tax filing soft-
payers to help prevent the misuse of their ware to amend 2019 or 2020 Forms 1040 and
Access your online account (individual tax- SSNs on fraudulent federal income tax re- 1040-SR. To do so, you must have e-filed your
payers only). Go to IRS.gov/Account to se- turns. When you have an IP PIN, it pre- original 2019 or 2020 return. Amended returns
curely access information about your federal tax vents someone else from filing a tax return for all prior years must be mailed. Go to
account. with your SSN. To learn more, go to IRS.gov/Form1040X for information and up-
• View the amount you owe and a break- IRS.gov/IPPIN. dates.
down by tax year.
• See payment plan details or apply for a Ways to check on the status of your refund. Checking the status of your amended re-
new payment plan. • Go to IRS.gov/Refunds. turn. Go to IRS.gov/WMAR to track the status
• Make a payment or view 5 years of pay- • Download the official IRS2Go app to your of Form 1040-X amended returns.
ment history and any pending or sched- mobile device to check your refund status.
uled payments. • Call the automated refund hotline at Note. It can take up to 3 weeks from the
• Access your tax records, including key 800-829-1954. date you filed your amended return for it to
data from your most recent tax return, your show up in our system, and processing it can
EIP amounts, and transcripts. Note. The IRS can’t issue refunds before take up to 16 weeks.
• View digital copies of select notices from mid-February 2022 for returns that claimed the
the IRS. EIC or the additional child tax credit (ACTC). Understanding an IRS notice or letter
• Approve or reject authorization requests This applies to the entire refund, not just the you’ve received. Go to IRS.gov/Notices to
from tax professionals. portion associated with these credits. find additional information about responding to
• View your address on file or manage your an IRS notice or letter.
communication preferences. Making a tax payment. Go to IRS.gov/ You can use Schedule LEP, Request for
Payments for information on how to make a Change in Language Preference, to state a
Tax Pro Account. This tool lets your tax pro- payment using any of the following options. preference to receive notices, letters, or other
fessional submit an authorization request to ac- • IRS Direct Pay: Pay your individual tax bill written communications from the IRS in an al-
cess your individual taxpayer IRS online or estimated tax payment directly from ternative language, when these are available.
account. For more information, go to IRS.gov/ your checking or savings account at no Once your Schedule LEP is processed, the IRS
TaxProAccount. cost to you. will determine your translation needs and pro-
• Debit or Credit Card: Choose an approved vide you translations when available. If you
Using direct deposit. The fastest way to re- payment processor to pay online or by have a disability requiring notices in an accessi-
ceive a tax refund is to file electronically and phone. ble format, see Form 9000.
choose direct deposit, which securely and elec- • Electronic Funds Withdrawal: Schedule a
tronically transfers your refund directly into your payment when filing your federal taxes us- Contacting your local IRS office. Keep in
financial account. Direct deposit also avoids the ing tax return preparation software or mind, many questions can be answered on
possibility that your check could be lost, stolen, through a tax professional. IRS.gov without visiting an IRS TAC. Go to
or returned undeliverable to the IRS. Eight in 10 • Electronic Federal Tax Payment System: IRS.gov/LetUsHelp for the topics people ask
taxpayers use direct deposit to receive their re- Best option for businesses. Enrollment is about most. If you still need help, IRS TACs
funds. If you don’t have a bank account, go to required. provide tax help when a tax issue can’t be han-
IRS.gov/DirectDeposit for more information on • Check or Money Order: Mail your payment dled online or by phone. All TACs now provide
where to find a bank or credit union that can to the address listed on the notice or in- service by appointment, so you’ll know in ad-
open an account online. structions. vance that you can get the service you need
• Cash: You may be able to pay your taxes without long wait times. Before you visit, go to
Getting a transcript of your return. The with cash at a participating retail store. IRS.gov/TACLocator to find the nearest TAC
quickest way to get a copy of your tax transcript • Same-Day Wire: You may be able to do and to check hours, available services, and ap-
is to go to IRS.gov/Transcripts. Click on either same-day wire from your financial institu- pointment options. Or, on the IRS2Go app, un-
“Get Transcript Online” or “Get Transcript by tion. Contact your financial institution for der the Stay Connected tab, choose the Con-
Mail” to order a free copy of your transcript. If availability, cost, and time frames. tact Us option and click on “Local Offices.”
you prefer, you can order your transcript by call-
ing 800-908-9946. Note. The IRS uses the latest encryption

Reporting and resolving your tax-related


technology to ensure that the electronic pay- The Taxpayer Advocate
ments you make online, by phone, or from a
identity theft issues. mobile device using the IRS2Go app are safe Service (TAS) Is Here To
• Tax-related identity theft happens when
someone steals your personal information
and secure. Paying electronically is quick, easy,
and faster than mailing in a check or money or-
Help You
to commit tax fraud. Your taxes can be af- der.
fected if your SSN is used to file a fraudu- What Is TAS?
lent return or to claim a refund or credit. What if I can’t pay now? Go to IRS.gov/
• The IRS doesn’t initiate contact with tax- Payments for more information about your op- TAS is an independent organization within the
payers by email, text messages, telephone tions. IRS that helps taxpayers and protects taxpayer
calls, or social media channels to request • Apply for an online payment agreement rights. Their job is to ensure that every taxpayer
personal or financial information. This in- (IRS.gov/OPA) to meet your tax obligation is treated fairly and that you know and under-
cludes requests for personal identification in monthly installments if you can’t pay stand your rights under the Taxpayer Bill of
numbers (PINs), passwords, or similar in- your taxes in full today. Once you complete Rights.
formation for credit cards, banks, or other the online process, you will receive imme-
financial accounts. diate notification of whether your agree-
• Go to IRS.gov/IdentityTheft, the IRS Iden- ment has been approved.
tity Theft Central webpage, for information

Page 16 Chapter 4 How To Get Tax Help


How Can You Learn About Your • You’ve tried repeatedly to contact the IRS guidance, TAS programs, and ways to let TAS
Taxpayer Rights? but no one has responded, or the IRS know about systemic problems you’ve seen in
hasn’t responded by the date promised. your practice.
The Taxpayer Bill of Rights describes 10 basic
rights that all taxpayers have when dealing with
the IRS. Go to TaxpayerAdvocate.IRS.gov to
How Can You Reach TAS? Low Income Taxpayer
help you understand what these rights mean to TAS has offices in every state, the District of
Clinics (LITCs)
you and how they apply. These are your rights. Columbia, and Puerto Rico. Your local advo-
Know them. Use them. LITCs are independent from the IRS. LITCs
cate’s number is in your local directory and at
represent individuals whose income is below a
TaxpayerAdvocate.IRS.gov/Contact-Us. You
certain level and need to resolve tax problems
What Can TAS Do for You? can also call them at 877-777-4778.
with the IRS, such as audits, appeals, and tax
collection disputes. In addition, LITCs can pro-
TAS can help you resolve problems that you How Else Does TAS Help vide information about taxpayer rights and re-
can’t resolve with the IRS. And their service is Taxpayers? sponsibilities in different languages for individu-
free. If you qualify for their assistance, you will als who speak English as a second language.
be assigned to one advocate who will work with TAS works to resolve large-scale problems that Services are offered for free or a small fee for
you throughout the process and will do every- affect many taxpayers. If you know of one of eligible taxpayers. To find an LITC near you, go
thing possible to resolve your issue. TAS can these broad issues, report it to them at IRS.gov/ to TaxpayerAdvocate.IRS.gov/about-us/Low-
help you if: SAMS. Income-Taxpayer-Clinics-LITC or see IRS Pub.
• Your problem is causing financial difficulty 4134, Low Income Taxpayer Clinic List.
for you, your family, or your business;
• You face (or your business is facing) an TAS for Tax Professionals
immediate threat of adverse action; or
TAS can provide a variety of information for tax
professionals, including tax law updates and

Publication 4681 (2021) Page 17


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
Income from canceled debt 3 Examples 9
Insolvency 6 Qualified real property business
A D Reduction of tax attributes 10 indebtedness 8
Abandonments 14 Debts: Reduction of tax attributes 12
Canceled debt 14 Stockholder's 4
Assistance (See Tax help) Definitions: L
Adjusted tax attributes 8 Limits: R
Qualified acquisition Excluded farm debt 8 Real property business
B indebtedness 9 Qualified real property business indebtedness 8
Bankruptcy 6 Qualified farm indebtedness 8 indebtedness 9 Recapture:
Reduction of tax attributes 10 Qualified principal residence Loans: Basis reductions 11
Business: indebtedness 9 Student 4 Repossessions 12
Real property indebtedness 8 Qualified real property business
indebtedness 8
M S
C Missing children, photographs Stockholder debts 4
Canceled debt 4 E of 2 Student loans 4
Exceptions: Educational loans 4 Mortgage Debt Relief
Deductible debt 5 Act (See Qualified Principal
Gifts 4 Residence Indebtedness) T
Price reduced after F Tax attributes, reduction of:
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 8 indebtedness 12
Qualified principal residence Q Tax help 14
indebtedness 9 G Qualified farm indebtedness 8
Qualified real property Gifts 4 Reduction of tax attributes 11
business indebtedness 8

Page 18 Publication 4681 (2021)

You might also like