We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are the Tax Implications of a Short Sale?

Jim B.
By Jim B.
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The tax implications of a short sale, in which a person struggling to pay their mortgage sells his property for less than it is worth, can be substantial. This is because the forgiveness of the debt that accompanies this process is considered to be taxable income for the seller. As a result, the tax implications of a short sale are damaging for home sellers who aren't aware of their obligations. In the United States, a 2007 act of Congress has lessened this financial burden by allowing a significant tax exemption for those people executing a short sale.

There are very few options at times for those people who have fallen way behind on their mortgage payments, but a short sale can be an effective way to remedy this problem. It can provide benefits to the mortgage lender, who receives some sort of return on a property that might have been difficult to sell if it had been foreclosed. In addition, the new buyer often gets a home at a reduced price. The seller gets out of his debt, which helps to preserve his credit rating, but he also must be aware of the tax implications of a short sale.

To understand the tax implications of a short sale, an example is helpful. Imagine that a person owes $800,000 US Dollars (USD) on a home to a lender. The lender, wanting to avoid the costs associated with foreclosing and get some of its investment back, agrees to allow the lender to make a short sale. As a result, the person selling the home finds a buyer willing to pay $600,000 USD, a price that proves to be agreeable to all parties.

What the person executing the sale needs to understand is that the tax implications of a short sale demand that some restitution be made for the forgiveness of debt. In this case, the forgiveness of debt is $800,000 USD, the amount owed on the home, minus the $600,000 USD sale price. That amount comes to $200,000 USD, and the lender will send tax documents to the borrower that specify the tax obligations on this amount.

In the United States, a recent law enacted by Congress gives some measure of relief to those suffering the tax implications of a short sale. The Mortgage Forgiveness Debt Relief Act, passed in 2007, allows those executing a short sale an exemption of up to $2 million USD for any debt relief provided by their lenders. It must be noted that this exemption is applicable only if the property in question is the principal residence of the seller.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.