Questions, answered

Will I owe taxes after a foreclosure or short sale in New Jersey?

Possibly, on forgiven debt: when a lender cancels part of what you owed, the IRS can treat the canceled amount as income. Exclusions, especially for a principal residence and for insolvency, wipe the tax out for many homeowners.

After a foreclosure, short sale, or deed in lieu, the lender may send a Form 1099-C reporting the canceled debt. Federal law has long provided a qualified principal residence indebtedness exclusion and a permanent insolvency exclusion (you were broke on paper when the debt was canceled), either of which can shelter some or all of it; the residence exclusion has repeatedly been extended, so its current status is a question for a tax professional in the year it matters. New Jersey's income tax has historically not taxed cancellation-of-debt income at all, which softens the state side.

What to actually do: keep the closing papers and any 1099-C, and file Form 982 with your federal return to claim an exclusion rather than ignoring the form, because an unaddressed 1099-C generates an IRS bill automatically. A foreclosure with a surplus, or a sale you complete yourself, is different arithmetic: that is sale proceeds, covered by the ordinary home-sale gain exclusion for most primary residences. One hour with a tax preparer the year this happens is money well spent. We are not tax advisors, and this is general information rather than advice for your return.

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Educational information, not legal advice. Your own court documents control your deadlines; a licensed New Jersey attorney can confirm what applies to your case.

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