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Real Estate: Understanding the Tax Consequences of COD Income Deferral

10/04/2011

Income from the cancellation of debt, or “COD,” is generally taxable and debts discharged while a taxpayer is in bankruptcy proceedings or while insolvent may be excluded from income. The American Recovery and Reinvestment Act of 2009, however, introduced an amendment that allows qualifying taxpayers to elect to defer COD income resulting from certain debt workouts during 2009 or 2010, ratably, over a five-year period beginning in 2014.

Click here to learn more about how to properly account for the tax consequences of the deferral of COD income; the distinction between recourse and non-recourse debt and why it’s important to understand the difference; and certain exclusions and limitations that may apply depending on debt classification.

Circular 230 Notice: In compliance with U.S. Treasury Regulations, the information included herein (or in any attachment) is not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of i) avoiding penalties the IRS and others may impose on the taxpayer or ii) promoting, marketing, or recommending to another party any tax related matters.

Faces of J.H. Cohn
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Ronald A. Kaplan, CPA, Partner and Real Estate Industry Practice Director

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Joseph Tighe, CPA, Partner
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