• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

are taxes due on sale

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tamlee

Guest
Are taxes due upon the sale of a home if all the money must go to pay back debts? I am not sure how that goes in P.A. would a realestate agent know these things?
 


JETX

Senior Member
I assume you are talking about federal capital gains taxes.... on the net 'profits' of the sale.
If so, then the answer is yes.... taxes are due on the profit if it is not reinvested.

Talk with a tax attorney or CPA.
 
T

tamlee

Guest
capital gains tax? whats that

when she sells all her profits are going to pay off debt she could not pay for and couldnt file bankruptsy for is that considered and investment? paying off debt? poor woman might only get 50,000 for her place and all of it is going to her past buisness and property tax dept. is there a way out of that because of her age?
tamlee
 

JETX

Senior Member
No. You have to understand the entire picture....

1) Debt. Simply, this is money or goods that you received in return for a promise to pay. That debt could have been used to purchase cars, boats, planes, houses, stereo, TV, etc., all are considered 'assets' and have a value. Now, if you don't pay off that debt, you have gained the asset 'for free'. And if you don't pay it off, the lender COULD submit a 1099-misc to report (to the IRS) that you 'earned' the unpaid balance. That would then be considered as 'income'.

2) Capital gains. The profit of the investment (property) is also considered income. As such, you cannot take 'income' and use it to offset another income (the unpaid debt), then say it was a level field. Simply doesn't work that way.

Example: You borrow $3000 and purchase a spa with it. Then, you refuse to repay the debt. The lender 'charges it off', sending you a 1099-misc to show that you have 'profited' $3000 from his write-off of the debt. The IRS sees that $3k as income (after all, you have the $3000 spa!). Later, you sell a stock that nets you $3,000 in capital gains profit. To the IRS, you have now gained a total of $6000 in 'income'. If you use the $3000 capital gain to pay the $3k debt, the 1099-misc income now drops to $0.00 (since it was repaid), making your net 'income' the $3000 in capital gains earned.... which is taxable.
 
T

tamlee

Guest
capital gains tax reply

well, I think I understand what you mean, unfortunately, or fortunately, it dont sound like it would apply here, she was taken to court in a lawsuit years ago by a buisness partner in her gift shop buisness and evidently was forced to pay back the current inventory, past bills or whatever else was involved and she paid so far 50,000 of the original 100,000 debt. when she was still able to work, then she became disabled and had to go on disability. I told her maybe she could take out a home equity loan at a lower intrest rate to help pay those high intrest debts, were looking into that, her house is only worth 65,000 she will have nothing left after real estate fees, to buy another home, considering her age, she is afraid a bank wont work with her and the credit card companies arent lowering her rates on her current cards wich she pays for fuel oil and taxes because she simply cannot get nessesities on her current income,it just escilates she will never see it paid off and she will only get worse with age.. well thanks for your advice
tamlee
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top