Bad news for distressed CA homeowners
Governor Brown just vetoed AB 99 which would have granted tax relief to taxpayers who lost their residences in 2014 through foreclosure or short sale. Generally, in foreclosures or short sales there is a forgiveness or cancellation of debt (COD) by the lender. This results in taxable income to the borrower unless they meet one of various exclusions in tax law. In response to the housing crisis, our federal legislators created a temporary exclusion from COD income for anyone who lost their principal residence. The US congress has continued this exclusion on an annual basis through 2014. California had complied with the federal tax laws in this area, but only through 2013. AB 99 would have extended this exclusion through 2014, but it was vetoed by the governor after passing through the state legislature. This COD income exclusion has not been extended for 2015 (yet) by either the federal or California legislatures. But, if you are in this circumstance, there are other exclusions that you may qualify for to avoid a large tax bill after losing your home. We specialize in this complex area of tax law, and would be happy to assist you in determining your options if you are faced with this issue.
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