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I have a completed short sale on a rental property, but I am trying to figure out the law if one can be insolvent on a rental property or just a primary residence, or both??
I think so but there is more to it than that. Have you looked on the IRS website?
From IRS publication concerning Insolvency & Short sales:
"One more exception applies if your rental qualifies as Section 1231 property. In this case, you may be able to reduce the cost basis of the rental property without being insolvent. The result is that you don’t report the income from the debt forgiveness but you have a lower loss on the “sale’ of your property. To use this strategy, you must make an election and the debt forgiven must be “qualified acquisition indebtedness,” (i.e. debt incurred to acquire, construct or improve a property.)"