IRS would treat it as a sale. You would compare your basis in the goods at the time of sale, to what you "received" from the sale. Basis is the amount of value left in the goods for tax purposes, generally cost less depreciation. What you "received" is the amount of reduction of the loan (plus excess funds, if it sold for more than was owed). If the stuff brought more at the sale than its basis, you're on the hook for capital gains tax on the difference.
The "imputed income" situation that Scotty brought up only came into play when you turned over the equipment or real estate in full satisfaction of the debt. They, you would be taxed on the amount of loan forgiveness that was above and beyond the fair market value of the stuff. Some exceptions generally kept folks out of that situation- if you were insolvent, or in bankruptcy, it didn't apply, and many were in that situation by the time such drastic measures as foreclosure occurred.
Even though this seems unfair (kicking you while you're down, so to speak), it was generally advantageous from a financial standpoint. If you had a loan of $100,000, and bank accepted R/E worth $75,000 in full satisfaction, you'd owe tax on $25,000- lets say, 4 grand. However, if bank just did a sale and applied the proceeds, you'd still owe 25 grand.
The most cruel application of the rule is when you tried to be a good guy and give the bank a "deed in lieu of foreclosure" voluntarily, instead of making them go through the foreclosure process. Thanks for doing the right thing, and by the way, Surprise! You owe some tax!
Happy to say, the "imputed income" rule has been suspended by IRS, beginning in 2007, and on into the forseeable future (translation- until economy gets back on its feet, and they can resume taxing the daylights out of us).
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.