Tax implications of a short sale
Will you have to pay taxes as a result of your Florida short sale? Probably not! The good news is most homeowners have ZERO tax consequences as a result of their Florida short sale!
How do the taxes for a short sale home work?
In a successful Florida short sale, a home is sold for less than the balance owed on the mortgage, with the lender (almost always) agreeing to forgive the remaining debt. This forgiven debt does create a taxable event.
Receiving 1099-C in a successful Florida short sale
The goal of the short sale is of course to have the mortgage debt forgiven by the lender. While that means the homeowner won’t be on the hook for paying the debt back, there is still a tax consequence from the short sale in the form of the 1099-C.
In the eyes of the IRS, if a debt is canceled, forgiven or discharged, this amount is to be included in your gross income, and you must pay taxes on this “income,” unless you qualify for an exclusion or exception.
How is this short sale tax calculated?
Example:
- You owed $250,000 on your mortgage.
- Your lender received $200,000 in an approved short sale, with the lender forgiving $50,000.
- At the end of the year you receive a 1099-C for $50,000.
THIS DOES NOT MEAN YOU HAVE TO PAY $50,000!
What it does mean is you would need to include this $50,000 as taxable income on your return, unless you qualify for an exclusion.
How do I qualify for an exclusion to get out of paying the tax?
- The Mortgage Debt Relief Act, originally created in 2007, has now been extended through 2025 through the Consolidated Appropriations Act (CAA). This act allows homeowners an exclusion from this tax, if the debt resulted from a short sale on their primary residence, up to $750,000.
- Insolvency. Insolvency means your debts exceed the value of all your assets. You can exclude cancelled debt from income up to the amount that you are insolvent. Your best bet as always is to have a discussion with your CPA.
The truth is most folks end up with ZERO tax penalties as a result of their short sale!
Find out how we can help you!
When it comes to short sales, Minna is an expert. We had no idea that finding a buyer would be the "easy" part. Getting the bank's approval for the sale was a challenge. Our bank constantly made mistakes, even denying us at one point. The whole process was routine for Minna and she reassured us that we would work through the hiccups and eventually get approved. And she was right. What a relief! We hired Minna based on all of the positive feedback we found online and are glad we did. She's smart, responsive, knowledgeable and shows an overall level of professionalism that puts her in a different league than the rest. She regularly exceeded our expectations and we would recommend her to anyone looking to sell their home."
D.S.
Last Updated on August 2, 2025 by Minna Reid