December 1, 2004 11:55 AM
Partnerships Lose Tax Exclusion On Canceled Debt
Excerpt: A little-noticed but significant provision in the tax bill signed into law by President Bush in October makes it more difficult for certain real-estate investors to renegotiate the terms of loans on their properties in the event those properties decline in value, a process known as a debt workout.
For some real-estate investors, the "workout" just got a lot harder.
A little-noticed but significant provision in the tax bill signed into law by President Bush in October makes it more difficult for certain real-estate investors to renegotiate the terms of loans on their properties in the event those properties decline in value, a process known as a debt workout.
Under the provision, investors in partnerships will no longer be able to automatically exclude canceled-debt income from their personal taxable income under what is known as an equity-for-debt exception.
In the past, if a partnership obtained a loan to purchase a property and the property later declined in value, the partnership could try to renegotiate the terms of the loan to reflect the reduced value in a debt workout. In many workouts, the lender agrees to reduce the loan amount and, in turn, receives an equity interest in the partnership in order to participate in any future increase in value.
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