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Abandonments

The abandonment of property is a disposition of property. Youabandon property when you voluntarily give up possession of theproperty with the intention of ending your ownership but withoutpassing it on to anyone else.

Loss from abandonment of business or investment property isdeductible as an ordinary loss, even if the property is a capitalasset. The loss is the amount of the property's adjusted basis whenabandoned. This rule also applies to leasehold improvements the lessormade for the lessee that were abandoned. However, if the property islater foreclosed on or repossessed, gain or loss is figured asdiscussed later. The abandonment loss is taken in the tax year inwhich the loss is sustained.

You may not deduct any loss from abandonment of your home or otherproperty held for personal use.

Example.Ann abandoned her home that she bought for $200,000. At the timeshe abandoned the house, her mortgage balance was $185,000. She has anondeductible loss of $200,000 (the adjusted basis). If the bank laterforecloses on the loan or repossesses the house, she will have tofigure her gain or loss as discussed later under Foreclosures andRepossessions.

discount hotels in EssenCancellation of debt.If the abandoned property secures a debt for which you arepersonally liable and the debt is canceled, you will realize ordinaryincome equal to the amount of canceled debt. This income is separatefrom any loss realized from abandonment of the property. Report incomefrom cancellation of a debt related to a business or rental activityas business or rental income. Report income from cancellation of anonbusiness debt as other income on line 21, Form 1040.

However, income from cancellation of debt is not taxed if any ofthe following conditions are true.

  • The cancellation is intended as a gift.
  • The debt is qualified farm debt (see chapter 4 ofPublication 225,Farmer's Tax Guide).
  • The debt is qualified real property business debt (seechapter 5 of Publication 334,TaxGuide for SmallBusiness).
  • You are insolvent or bankrupt (see Publication 908,Bankruptcy Tax Guide).

Forms 1099-A and 1099-C.If your abandoned property secures a loan and the lender knows theproperty has been abandoned, the lender should send you Form1099-A showing information you need to figure your loss from theabandonment. However, if your debt is canceled and the lender mustfile Form 1099-C, the lender may include the information aboutthe abandonment on that form instead of on Form 1099-A. Thelender must file Form 1099-C and send you a copy if the amountof debt canceled is $600 or more and the lender is a financialinstitution, credit union, or federal government agency. Forabandonments of property and debt cancellations occurring in 1999,these forms should be sent to you by January 31, 2000.

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