2007 Mortgage Debt Relief Act Extended For One Year In Senate Bill.

It appears that the Mortgage Debt Relief Act of 2007 will be extended for one year. The Senate is currently making amendments to the Bill, passed in the House earlier this morning and the President has yet to sign, however, with those caveats the extension is expected to be included.

Here is the text from H.R.8:

SEC. 202. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS. (a) IN GENERAL.—Subparagraph (E) of section 108(a)(1) is amended by striking ‘‘January 1, 2013’’ and inserting ‘‘January 1, 2014’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to indebtedness discharged after December 31, 2012.

An explanation: Usually cancelled debt is considered income, but a provision of the Debt Relief Act allowed homeowner borrowers “to exclude certain cancelled debt on [a] principal residence from income. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.” See, your tax professional for advice. (Publication from the IRS).

This is helpful for foreclosures, mortgage modifications, and for short sales (so the seller can sell the house for less than is owed, and not have to pay taxes on the debt forgiveness).