Thinking of short selling your home? 2012 is the year to do it because beginning in 2013, the Federal Government will require homeowners to pay income taxes on their short sold home. Make the difficult decision now: What to do with your underwater home?

A short sale home is the sale of a home in which the value of the property is less than the balance of the mortgage or liens owed against the property.  The lender agrees to the terms of the deal, and releases the property to the buyer. For buyers it is a good deal and for the sellers it helps them avoid bankruptcy or Foreclosure. But the rules governing income tax for homeowners short selling their homes are about to change.

The Mortgage Debt Relief Act, which is set to change in 2013, was passed by Congress five years ago when the national housing market went bust. The IRS has allowed income tax to be excluded from the short sale on a home up until 2013. After December 31st, the rules change and homeowners who have not closed their short sale deals will face paying income tax on the sale.

The law breaks down like this:

A house sold for $50,000 less than what is owed on the mortgage means the selling homeowner will owe federal income taxes on that sale. Typically a homeowner would pay $12,500 if they are in the 25 percent income bracket or $7,500 if they are in the 15 percent income bracket.

The IRS will forgive up to $2 million this year and $1 million if one is married and filing separately.

If the lender has not formally forgiven the debt before December 31st, the homeowner is still on the hook to pay income tax. The bank must officially sign off on the deal before the end of year.  Lenders have been “gearing up” for the process as it often times takes up to 6 months or even a year for a short sale home to close. 

Homeowners declaring bankruptcy may avoid having to pay income tax on a short sale as bankruptcy tends to trump everything. Federal guidelines also allow a homeowner to not pay income tax if their debts exceed the value of their assets.

Now is the time for homeowners considering listing their homes as short sales to take action and start the process because beginning in 2013, the amount a lender forgives on short sale or Foreclosure will be subjected to federal income tax.