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Old 12-08-2010, 06:33 PM
 
Location: Minneapolis, MN
83 posts, read 425,502 times
Reputation: 44

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I am going to be losing my house to foreclosure and also filing bankruptcy. I am wondering if someone would know if bankruptcy or foreclosure would be an exemption of repayment of that $8000 tax credit? I know you have to live in your home for at least 36 months and if not you have to repay. Just wondering if there were any circumstances that would be forgiven for repayment. Thanks for any replies!!!
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Old 12-09-2010, 12:37 PM
 
Location: Just south of Denver since 1989
11,825 posts, read 34,420,440 times
Reputation: 8970
a tax professional and an attorney would have the best answers.
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Old 12-09-2010, 02:03 PM
 
Location: Athens
470 posts, read 1,500,271 times
Reputation: 262
Quote:
Originally Posted by 2bindenver View Post
a tax professional and an attorney would have the best answers.
Ditto!
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Old 12-10-2010, 05:45 AM
 
Location: Minneapolis, MN
83 posts, read 425,502 times
Reputation: 44
Quote:
Originally Posted by 2bindenver View Post
a tax professional and an attorney would have the best answers.
I figured as much but on this forum there wasn't any of those kind of people on here. Thanks for your time guys!!
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Old 12-10-2010, 08:58 AM
 
Location: Athens
470 posts, read 1,500,271 times
Reputation: 262
I do believe that we meant go find a local one to talk to. It may or may not cost you a little bit of money.
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Old 12-10-2010, 01:02 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,575,100 times
Reputation: 2201
I agree, you should find a local tax person to review your specific situation. However, if you look at the form for reporting the sale of your home here:

http://www.irs.gov/pub/irs-pdf/f5405.pdf

You will see that you do not have to repay if there is no gain on the sale. Check Part III section 13.

There's more discussion of the exceptions here on page 2:

http://www.irs.gov/pub/irs-pdf/i5405.pdf

Last edited by rjrcm; 12-10-2010 at 01:12 PM..
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Old 12-11-2010, 06:26 AM
 
Location: Minneapolis, MN
83 posts, read 425,502 times
Reputation: 44
Quote:
Originally Posted by rjrcm View Post
I agree, you should find a local tax person to review your specific situation. However, if you look at the form for reporting the sale of your home here:

http://www.irs.gov/pub/irs-pdf/f5405.pdf

You will see that you do not have to repay if there is no gain on the sale. Check Part III section 13.

There's more discussion of the exceptions here on page 2:

http://www.irs.gov/pub/irs-pdf/i5405.pdf
Wow! I read this form before but nothing jumped out at me. I will definitely not have a gain on this property. This week I will get in contact with a tax person to get a 100% correct answer but from what I read it said if there is no gain no pay. Thank you soo much for taking the time to check that out!!!
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Old 02-13-2011, 01:11 AM
 
Location: Phoenix
10 posts, read 22,114 times
Reputation: 14
I'm sorry to tell you that you WILL have a gain on the sale of the house. Even a foreclosed house is considering "selling it". I know this because my fiance is in the similar situtation. Your gain, after doing all those worksheets and reading all those publications will be 8 grand, the amount of the credit, and it will be added as additional tax on line 56 of your form 1040. Yes, you're going to owe it all back.
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Old 02-13-2011, 06:52 PM
 
Location: San Antonio
3,536 posts, read 12,323,735 times
Reputation: 6037
Kiitah, that's now commonly how it is interpreted. The amount of the tax you owe is no more than the profit you make on the SALE of the home. So if you sell, and net $1,000 in the SALE you would owe $1,000, ect.
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Old 02-14-2011, 12:23 AM
 
Location: Minneapolis, MN
83 posts, read 425,502 times
Reputation: 44
My interpretation is if my house was purchased for 118 grand and after foreclosure they sell it for less than that I would owe nothing. But if they sell the house for more I would owe up to 8 grand of the selling price. I am in the trial period now so will see. I have a year and a half left to go and after that I am in the clear!








Quote:
Originally Posted by kiitah View Post
I'm sorry to tell you that you WILL have a gain on the sale of the house. Even a foreclosed house is considering "selling it". I know this because my fiance is in the similar situtation. Your gain, after doing all those worksheets and reading all those publications will be 8 grand, the amount of the credit, and it will be added as additional tax on line 56 of your form 1040. Yes, you're going to owe it all back.
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