If you have debt eliminated or reduced due to a mortgage modification or foreclosure, in some cases the IRS may consider the amount forgiven as income given to you unless you apply for an exclusion under The Mortgage Debt Relief Act of 2007. This special form of tax relief applies to mortgage debt during tax years 2007 to 2012, and with the record number of foreclosures last year, many taxpayers may be able to benefit.
Normally, debt forgiveness is counted as taxable income on your tax return. In the case of mortgage debt, your lender will send you a year-end statement Form 1099-C, which will show the amount of debt forgiven and the fair-market value of the foreclosed property. To not have the forgiven debt counted as income, you must fill out IRS Form 982, Reduction of Tax Attributes Due To Discharge Of Indebtedness.
According to the IRS tax tips on mortgage debt forgiveness, to qualify:
"The debt must have been used to buy, build or substantially improve your principal residence and be secured by that residence. Refinanced debt proceeds used for the purpose of substantially improving your principal residence also qualify for the exclusion."
For more details on this provision and other circumstances that may qualify you for tax relief of mortgage debt forgiveness, check out the commonly asked questions about the Mortgage Debt Relief Act of 2007, and IRS publication 4681 -- Canceled Debts, Foreclosures, Repossessions, and Abandonments.
8 Early Tax-Filing Steps to Make Now
Tax Moves to Make Now
Earlier is better when it comes to working on your taxes, for both you and the Internal Revenue Service. By getting a head start on tax preparation, you avoid the last-minute rush, when many filing mistakes are made. And the sooner the tax agency gets your return, the sooner it can process it and get your refund on its way to you.
Click through our gallery to see eight ways to get a jump on your taxes long before the April 15 deadline rolls around.
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Track Down Your Rebate Data
Did you get an economic stimulus payment last year? That amount really was an advance credit against your 2008 return. The amount you received in 2008 could affect your 2009 credit claim. If you got less than the maximum amount, which for most employed taxpayers was $600 per single filer ($1,200 for married couples filing jointly), you might be able to claim the rest of it this filing season. All versions of the individual tax return (Forms 1040, 1040A and 1040EZ) have a new line to claim the Recover Rebate Credit. You'll need the statement you got from the IRS in connection with your payment.
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Get Ready for the
Arrival of Records
When your W-2s, investment statements and other tax-related documents start coming in, create a collection point and put them there. It could be as simple as a large envelope. You might have received a few documents in December, but most will arrive throughout January. Just make sure that whenever the material shows up you put it all together in an accessible place, so when you are ready to fill out your return you have all the data you need. Remember, the IRS gets a copy of most of these, too, so figures on those statements are critical to ensuring your return sails through the system.
Track Down
Social Security Numbers
Before the IRS will process any return, the agency must have your correct Social Security number, as well as your spouse's, if you file jointly, and those of any dependents you claim. These numbers are crucial because so many transactions are keyed to them. The IRS also checks the identification numbers against any tax breaks you apply for, such as the Child Tax and Additional Child Tax credits, credits for educational expenses and the dependent care tax credit. So make sure everyone in your tax family has a valid Social Security number and that you have them written down correctly.
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Find Your Forms
Slightly more than half of all taxpayers filed their returns electronically last year, meaning all the forms were provided in the tax software. The other half who filed the old-fashioned way will get a tax packet in January, but it never hurts to have backup forms in case you make a mistake. Plus, your tax situation may have changed, meaning you need material other than what's in the IRS package, since it's based on your past filing history. A few of the most common forms are available at post offices and libraries. Most of the rest can be downloaded from the Internet.
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Decide How You Want
To Do Your Taxes
Gathering the appropriate tax forms goes hand in hand with how you plan to complete your return. Which preparation method fits your tax style? Are you a do-it-yourselfer or should you hire a pro? Do you prefer pen and paper or a computer? Now's the time to decide. By starting early, you have plenty of time to gather filing paperwork yourself, pick the perfect tax preparer or find the tax preparation software that fits your needs.
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Consider Electronic Filing
If you decide to use your computer to calculate your taxes, consider taking the next step and file the forms electronically. E-filed returns are processed in about half the time of paper ones, according to the IRS. Plus, e-filing catches math problems and provides confirmation your return has been received. You might even be able to e-file for free via the Free File Alliance, a joint venture of the tax software industry and the federal government. Last filing season, taxpayers with adjusted gross income of $54,000 or less were able to file at no cost via the IRS program.
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Use Direct Deposit
Regardless of whether you file electronically or the old-fashioned paper way, this year have your refund check directly deposited into your bank account. Again this filing season, you can have your refund sent directly to up to three accounts. You'll just need to file Form 8888. Whether you have your tax cash deposited in one, two or three accounts, there's one big advantage: You won't have to worry about the check being lost in the mail or returned to the IRS because of a bad address. Even better, you'll have access to your refund sooner. Just be sure to put the correct routing and account numbers on the form.
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Don't Panic
Tax filing makes everyone a little nervous, but when you start early, you've got time to get the answers and make sure you're taking full advantage of every tax break for which you're eligible. Check Bankrate's tax pages throughout the filing season for more tips, stories and explanations of tax laws and how to make the most of them. If you have a specific question, ask our tax expert. You also can visit the IRS Web site or call its TeleTax service at (800) 829-4477 to get recorded information on more than 140 tax topics.
• See Full Article at Bankrate.com
More on AOL: Money Moves for '09

Comments: (3)
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By: beachdude on 4/08/2009 12:25AM
The most common mortgage modifications are listed below:
lowering the mortgage interest rate
reducing the mortgage principal balance
fixing adjustable interest rates within the mortgage
increasing the loan term throughout the mortgage
forgiveness of payment defaults and fees
or any combination of the above
Check out this public service site: http://mortgagemodificationinfo.org
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By: minuscraigespy on 4/20/2009 8:38PM
Well that is not what happened to my friend when she got a modification from Washington Mutual and Chase bank. They increased her monthly payments, did not lower the interest rate and also demanded she pay for the fees and attorney fees. And had the nerve to tell her the $1500 she had to pay along with her first month payment was a gift. Was this a gift to the CEO. They need to be investigated and sued.
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By: daniel williams on 4/17/2009 12:02AM
Am i alone on this issue,or has anyone prevailed
in court, having convicted any bank of "fraud"?
I cannot beleive that I was the only person defrauded by the banks,and insurance companies.
:Fraud: should be everyones profession !it should be legal (and is so far),and taught in college.
CNN ,News channels where are these crooks and why are they being hid from the American people.
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