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    torres14's Avatar
    torres14 Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 7, 2012, 09:51 PM
    1099-A FMV in box #4 is the same as the outstanding balance in box #2.
    I recceived a 1099A for a rental property. The FMV in box 4 is the same as the outstanding balance in box 2 ($ 177,584).
    Before the house went into foreclouse, I was working on a short sell, but we ran out of time. At the time the house was listed for $70,900. Whenthe house was auctioned. It sold for $70,000. Shouldn't the FMV be the 70,900?
    The issue that I am having now is that I have to pay taxes on the difference between the purchase price ($72,000) and the listed FMV($177,584) on the 1099A.
    How do I get the 1099A corrected to reflect the correct FMV?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
     
    #2

    Feb 8, 2012, 07:29 PM
    No you do not have a profit so you are not required to report this sale. Form 1099-A is for your information only. If you get 1099-C from mortgage company, then you have to report that amount as income. If box 5 is checked you are personally liable to pay the debt. But since box 2 and 4 are same, you do not have a debt. Your U.S. Tax Return: Foreclosure or Repossession of Main Home
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #3

    Feb 13, 2012, 02:35 PM
    I must disagree. ANY sale of a capital asset MUST be reported, in this case on Forms 4797 and Schedule D. The proceeds will be the $70,000 auction price, while the basis depends on how much depreciation was claimed while it was an active rental property.

    Further, I believe that, since the property WAS a rental, the difference between the balance of the mortgage and the auction sale WILL be considered taxable income by the IRS UNLESS the house was sold in a non-recourse state like Florida.

    Given these facts, the OP should investigate HOW they determined the FMV on the Form 1099-A, AND find out if a Form 1099-C is being issued.

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