1. Home
  2. Business & Finance
  3. Tax Planning: U.S.

Canceled Mortgage Debt and Taxes

By , About.com Guide

4 of 8

Separating Acquisition Debt and Home Equity Debt

Before you can determine how a canceled mortgage will be handled for tax purposes, you will first need to know how much of your canceled debt falls into the two categories:

Acquisition debt are loan proceeds used to buy, build, or substantially improve your primary residence.

Home equity debt are loan proceeds used for any other purpose; in other words, the proceeds were not used to buy, build, or substantially improvement your main home.

Separating out these two kinds of mortgage debt could be easy or complicated. How complicated the process will be depends on whether you refinanced your mortgages.

If your only loans were the original mortgages used to buy your house, then all of your debt will be acquisition debt. You can exclude up to $2 million in acquisition debt under the Mortgage Forgiveness Debt Relief Act (or $1 million for a married person filing a separate return).

For refinanced loans, only the outstanding balance on the original acquisition debt mortgages will count. If you did a debt consolidation refinance, or took cash out, or had a home equity line of credit used for purposes other than to acquire a house, then that part of your debt will be home equity debt. This home equity debt will not qualify as part of the $2 million exclusion, but may qualify for exclusion under the insolvency or bankruptcy exceptions.

You will need to document the dollar amounts of this acquisition and home equity debt. A simple work paper might look something like this:

Purchase price of home: $200,000
$160,000 (first for 80% of home price)
$40,000 (second for 20% of home price)
15,000 (home equity line to repair roof)
Total acquisition debt so far: $215,000
Refinanced all three loans into $235,000 loan
Balance of original loans was $200,000
Consolidating credit bills of $35,000
Total acquisition debt: $200,000
Total home equity debt: $35,000

Make the most of your money despite troubling financial times.

Explore Tax Planning: U.S.
About.com Special Features

10 Things You Can Do Today to Improve Your Credit

Easy steps to take control of your credit card debt. More >

Holiday Central

What to eat, where to go, fun things to do and how to save money on the perfect gifts. More >

  1. Home
  2. Business & Finance
  3. Tax Planning: U.S.
  4. File Your Own Taxes
  5. Income
  6. Segregating Forgiven Mortgage Debt into Acquisition Debt and Home Equity Debt

©2009 About.com, a part of The New York Times Company.

All rights reserved.