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Aisha Khan

Understanding Non-Recourse Loan Tax Liability When Debt is Canceled

I've been dealing with a complicated situation regarding a non-recourse loan I took out for an investment property about 3 years ago. Unfortunately, the investment didn't work out, and now the lender has decided to cancel the entire debt - basically writing it off completely. The loan was for $187,000 and was secured only by the property itself (which is now worth much less). I know there are different tax implications between recourse and non-recourse loans, but I'm confused about whether I'll need to report this canceled debt as income on my taxes for the upcoming year. Does anyone know if the full amount of a canceled non-recourse loan is considered taxable income? My tax guy is on vacation until next month, but I'm trying to prepare for what might be a significant tax hit. Any insights would be greatly appreciated!

Ethan Taylor

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When a lender cancels debt, it's usually considered taxable income under what's called "cancellation of debt" (COD) income. However, with non-recourse loans, the rules are a bit different. For a non-recourse loan, if the lender forgives the debt, you're generally only taxed on the amount that exceeds the fair market value of the property that secured the loan. This is different from recourse loans where the entire forgiven amount might be taxable. The IRS treats non-recourse loan forgiveness more like a sale. Essentially, it's as if you "sold" the property to the lender for the amount of the debt. So you'll need to calculate your gain or loss based on the difference between your adjusted basis in the property and the amount of debt forgiven. There are also some exceptions that might apply - like insolvency or bankruptcy - that could reduce or eliminate the taxable portion. You might want to check out IRS Publication 4681 which covers canceled debt in detail.

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Yuki Ito

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Thanks for the explanation but I'm still confused. So if my property is now worth $120,000 but the canceled loan was $187,000, would I only pay taxes on the $67,000 difference? And what if I've already claimed depreciation on the property over the years?

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Ethan Taylor

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You're on the right track with your understanding. If your property is worth $120,000 and the forgiven loan was $187,000, you would calculate the taxable amount based on your adjusted basis in the property, not just the current market value. Any depreciation you've claimed over the years reduces your basis in the property, which could potentially increase your taxable amount. For example, if your original basis was $180,000 but you've claimed $40,000 in depreciation, your adjusted basis would be $140,000. When comparing this to the $187,000 debt, you'd have a different calculation than just using the current market value.

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Carmen Lopez

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I actually went through a similar situation last year with an investment property in Florida. After spending hours researching and stressing, I discovered taxr.ai (https://taxr.ai) which saved me so much trouble. They analyzed my loan documents and property situation and clearly explained my tax liability for the non-recourse loan cancellation. Their system breaks down IRS regulations in plain English and gives you scenarios based on your specific situation. My CPA was impressed with how detailed the analysis was, especially regarding the difference between the property value and loan amount which determined my actual tax liability.

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Andre Dupont

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Did they handle all the paperwork or just give advice? I'm in a similar situation with a non-recourse loan on a rental property and honestly don't even know where to start with the forms.

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QuantumQuasar

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I'm skeptical about these online tax tools. How accurate was their assessment compared to what actually happened when you filed? The IRS has specific rules about Form 1099-C reporting for canceled debt.

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Carmen Lopez

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They don't handle the paperwork submission - they provide comprehensive analysis and documentation you can use when filing or working with your tax professional. I uploaded my loan documents and property information, and they gave me a detailed report explaining my tax liability options. Their assessment was spot-on when I filed. They correctly identified that I needed to report the transaction on Form 8949 and Schedule D, and explained how to calculate my adjusted basis considering previous depreciation. They also pointed out an exception I qualified for that my previous research had missed entirely. The 1099-C reporting requirements were all covered in their analysis.

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QuantumQuasar

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Just wanted to update on my skepticism about taxr.ai from my earlier comment. I decided to try https://taxr.ai after dealing with three different CPAs who gave me conflicting advice about my non-recourse loan situation. The platform actually provided a comprehensive breakdown of the Tufts v. Commissioner case law that applies to non-recourse loans and exactly how to calculate my taxable amount. What impressed me was that they showed me how the depreciation recapture rules would affect my specific situation - something two of my CPAs had overlooked. Their report showed me I was only liable for about 60% of what I thought I'd have to pay in taxes. Definitely worth checking out if you're facing a debt forgiveness situation.

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While good tax advice is essential, don't forget that if you received a Form 1099-C for your canceled debt, you might need to contact the IRS directly to explain your non-recourse loan situation. I tried calling the IRS for weeks about this exact issue last year and kept hitting dead ends. I eventually used https://claimyr.com and their service got me through to an actual IRS agent in under 45 minutes. There's a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. The agent was able to confirm how I should report the canceled non-recourse loan and prevented me from overpaying thousands.

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Jamal Wilson

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How does this even work? The IRS phone lines are impossible to get through - I tried for literally 3 days straight last tax season.

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Mei Lin

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Sounds like a scam. No way anyone can get through the IRS phone queue that quickly. They put you on hold for hours even if you call the second they open.

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It works by essentially holding your place in line so you don't have to stay on the phone yourself. It's an automated system that navigates the IRS phone tree and then calls you when it's about to connect with an agent. You're right about the normal experience - I've waited 3+ hours many times too. What makes this different is their system can call repeatedly using algorithms to hit the IRS lines when wait times are lowest. Once I got the call back, I spoke to an agent who specifically helped with my 1099-C questions for the non-recourse loan.

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Mei Lin

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I have to eat my words about Claimyr. After posting my skeptical comment, I was desperate enough to try it for my non-recourse loan issue. I was 100% convinced it wouldn't work, especially during tax season. But I actually got a call back in about 37 minutes and spoke to an IRS agent who confirmed exactly how to handle my canceled debt reporting. The agent explained that with non-recourse loans, I needed to use Form 8960 in addition to the other forms because of the investment property aspect. This saved me from making a major filing error and potentially facing penalties. Completely changed my perspective on dealing with the IRS.

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One thing nobody has mentioned yet - if your non-recourse loan was on your primary residence, you might qualify for the qualified principal residence indebtedness exclusion, depending on when the debt was forgiven. This would let you exclude up to $750k (for joint filers) of forgiven debt from your income. Also check if you qualify for the insolvency exclusion - if your total debts exceeded your total assets immediately before the cancellation, you might be able to exclude some or all of the canceled debt from income.

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Amara Nnamani

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Does the qualified principal residence exclusion still apply for 2025 filings? I thought that expired after 2018 then got temporarily extended but wasn't sure about current status.

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The Qualified Principal Residence Indebtedness (QPRI) exclusion has had a complicated legislative history. It was made permanent by the Consolidated Appropriations Act of late 2020, but with a reduced maximum amount of $750,000 (down from the previous $2 million). So yes, it's still available for 2025 filings, but remember it only applies to debt related to your primary residence. Since the original poster mentioned an investment property, this exclusion unfortunately wouldn't apply to their situation.

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Kinda off-topic but did you also get a 1099-A from your lender in addition to a 1099-C? I'm in a similar situation and got both forms which is really confusing me. Not sure if I need to report both or if that would be double-counting the same thing?

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NebulaNinja

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You shouldn't report both - that would be double counting. Form 1099-A reports the abandonment/acquisition of property securing the loan, while Form 1099-C reports the cancellation of debt. If you received both for the same property/loan, you generally only need to report the 1099-C information.

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Don't forget that different states might treat canceled debt differently for state income tax purposes. Some states follow federal treatment, while others have their own rules. I learned this the hard way with a similar situation in California which didn't allow the same exclusions as federal.

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Aisha Khan

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That's a really good point I hadn't considered. I'm in Arizona - does anyone know if they follow the federal guidelines for canceled debt on non-recourse loans? I'll need to look into this too.

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Chris Elmeda

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Arizona generally follows federal tax treatment for canceled debt income, including the rules for non-recourse loans. However, Arizona doesn't automatically adopt all federal exclusions - for example, they have their own specific rules about insolvency exclusions that might differ slightly from federal. I'd recommend checking Arizona Department of Revenue Publication 707 which covers debt forgiveness income specifically. You can also call their taxpayer assistance line at (602) 255-3381 - they're usually much easier to reach than the IRS and can clarify how Arizona treats your specific non-recourse loan situation. Since you mentioned this was an investment property, also be aware that Arizona might have different depreciation recapture rules that could affect your final tax liability even if the federal calculation is the same.

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Thanks for the Arizona-specific info! This is exactly what I was worried about - dealing with both federal and state complications. I'll definitely check out Publication 707 and might give that taxpayer assistance line a call. It's reassuring to know Arizona generally follows federal treatment, but those depreciation recapture differences could really impact my final numbers. Has anyone else here dealt with state-level variations for non-recourse loan forgiveness? I'm wondering if this is something I should factor in before making any major decisions about my situation.

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Abby Marshall

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I went through a similar situation with a non-recourse loan on a rental property in Nevada last year. One thing that really caught me off guard was the timing of when you have to report this income. Even though my lender canceled the debt in December, I didn't receive the 1099-C until late January, which made tax planning really difficult. The key thing I learned is that you need to determine your "adjusted basis" in the property at the time of debt cancellation, not just the fair market value. This includes your original purchase price, plus improvements, minus any depreciation you've claimed over the years. The difference between this adjusted basis and the canceled debt amount is what you'll potentially owe taxes on. Also, make sure you keep detailed records of everything - loan documents, property appraisals, improvement receipts, and depreciation schedules. The IRS may want to see all of this if they question your calculations. I'd strongly recommend getting professional help before filing, especially since you mentioned the loan was for $187,000. The tax implications can be substantial and there might be exclusions or strategies you're not aware of.

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This is really helpful, especially the point about timing and the 1099-C arriving so late in January. I'm dealing with a similar situation right now and hadn't thought about how that could complicate tax planning. Your advice about calculating the adjusted basis is spot on - I made the mistake initially of just looking at current market value versus loan amount, but you're absolutely right that depreciation claimed over the years significantly affects the calculation. One question though - did you end up having to pay estimated taxes for the following year since this created a large tax liability? I'm wondering if I should be setting aside money now or if there are ways to spread out the tax impact. Also, did Nevada follow the federal treatment pretty closely, or did you run into state-specific complications like some others have mentioned? The record-keeping advice is gold - I'm going to start gathering all my documentation now rather than scrambling at tax time. Thanks for sharing your experience!

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Alice Fleming

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Nevada was pretty straightforward - they generally follow federal tax treatment for debt cancellation, so I didn't face the state-specific complications that some people mention with other states. That made things much simpler since I only had to worry about getting the federal calculation right. Regarding estimated taxes, yes, I definitely had to make quarterly payments the following year. The debt cancellation created a significant one-time income spike that put me in a higher tax bracket, so I ended up owing quite a bit more than my usual withholdings would cover. I'd strongly recommend calculating your estimated liability now and either making estimated payments or asking your employer to increase withholdings if you have W-2 income. One strategy my CPA suggested was looking into installment payment agreements with the IRS if the tax bill ends up being more than you can handle at once. They're pretty reasonable about setting up payment plans, especially for one-time situations like debt forgiveness. Just don't ignore it - the penalties and interest add up quickly if you don't address it proactively. Also, double-check if you qualify for any of the exclusions others have mentioned, particularly the insolvency exclusion. Even if you don't think you qualify, it's worth having a professional review your complete financial picture at the time of debt cancellation.

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Jamal Anderson

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This is such a complex area of tax law! I went through something similar with a commercial property loan that was partially forgiven. One thing I'd add to all the excellent advice here is to make sure you understand the difference between "acquisition indebtedness" and "development indebtedness" if your original loan had components of both. In my case, part of the loan was for purchasing the property and part was for improvements I made. The tax treatment can vary depending on how these different portions are handled when the debt is canceled. Also, if you've been claiming any investment tax credits related to the property (like energy efficiency credits), the debt cancellation might trigger recapture of those credits too. Given the $187K amount involved, I'd really recommend getting a second opinion from a tax professional who specializes in real estate transactions, even if it costs a few hundred dollars upfront. The potential tax savings from proper planning could be substantial. Document everything now while it's fresh in your memory - you'll thank yourself later when you're trying to reconstruct the timeline for your tax preparer.

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Ellie Simpson

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This is really valuable insight about the distinction between acquisition and development indebtedness - I hadn't considered that angle at all! That's exactly the kind of nuance that could make a huge difference in the final tax calculation. Your point about investment tax credits potentially being recaptured is particularly concerning. I don't think I claimed any energy efficiency credits, but I did take some depreciation deductions that might be affected. The complexity just keeps growing! I'm definitely leaning toward getting that professional second opinion you mentioned. Even though it's an upfront cost, you're absolutely right that with $187K involved, the potential savings from proper planning could far outweigh the consultation fees. Plus, having someone who specializes in real estate transactions review the situation could uncover strategies or exclusions that a general tax preparer might miss. Thanks for the reminder about documenting everything now - I'm already starting to forget some of the smaller details from when this all started, and I can see how that could become a real problem when trying to reconstruct everything later. Going to start putting together a comprehensive timeline and gathering all related paperwork this week.

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