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Dispositions of property in satisfaction of debt.

Publication: The Tax Adviser
Publication Date: 01-OCT-04
Format: Online - approximately 791 words
Delivery: Immediate Online Access

Article Excerpt
A taxpayer considering transferring assets to settle a debt should carefully analyze the tax consequences before entering into such a transfer. A combination of gain from the deemed sale of the property and cancellation of debt (COD) income may result. Under certain circumstances, the taxpayer may qualify for tax favored treatment, such as deferral or elimination of the COD income.

Background

According to Rev. Rul. 90-16, a taxpayer is treated as having sold or exchanged property when he or she transfers property to a creditor in discharge of debt, regardless of whether the transfer is a voluntary conveyance by deed or an involuntary foreclosure. The debt's character (i.e., recourse or nonrecourse) determines the transfer's tax consequences.

Recourse...

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