Ch7 And Property Depreciation

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If the owner rents his property (until it goes to auction) that was surrendered under Ch7 does he show the rental income. Can they claim the property depreciation on taxes?

Comments(5)

  • finniganps13th December, 2010

    I see no way to omit the rental income earned and as long as you own the asset placed in service as a rental, you can claim depreciation. You really should see a CPA when you do your taxes because you are also likely to encounter forgiveness of debt income and need to consider the federal and state tax implications.

  • NewKidInTown314th December, 2010

    There is no tax on debt cancelled as a result of bankruptcy.

  • bwalston14th December, 2010

    NewKid is spot on. Exclude bankruptcy debt by completing the relevant sections on form 982.

  • SKrei15th December, 2010

    Still trying to understand. Owner is also waiting to hear from accountant.
    So Owner is still on Title on these properties that were surrendered in Ch7; lender has to foreclose to get properties back. If say Ch7 was discharged in May 2010 and properties foreclosed in Oct 2010 how long/ how much depreciation does owner claim?
    When does the lender send 1099? when Ch7 is discharged or when they foreclose?

    Thanks
    [ Edited by SKrei on Date 12/15/2010 ]

  • finniganps15th December, 2010

    Quote:
    On 2010-12-14 13:26, NewKidInTown3 wrote:
    There is no tax on debt cancelled as a result of bankruptcy.

    I agree assuming that the debt is discharged in BK. I have seen situations where not all assets/liabilities were included in BK filing....but I should have stated that.

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