Homeowners May Exclude Discharged Mortgage Indebtedness Under the Mortgage Forgiveness Debt Relief Act of 2007
Written by:
Eric L. Pruitt
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC; Birmingham, Ala.
and
Matthew M. Cahill Cumberland School of Law; Birmingham, Ala.
The treatment of discharged mortgage indebtedness under the Internal Revenue Code (IRC) changed significantly with the enactment of the Mortgage Forgiveness Debt Relief Act of 2007 (MFDRA). The MFDRA, by adding subsections (a)(1)(E) and (h) to IRC §108, allows the exclusion from gross income of discharged qualified principal residence indebtedness. The Internal Revenue Service ("IRS") has also revised Form 982 to facilitate the change.