Instructions For Forms 1099-A And 1099-C - Acquisition Or Abandonment Of Secured Property And Cancellation Of Debt - 2018 Page 2

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holder must file Form 1099-A for the second trust even
For an abandonment, enter the date you knew or had
though no part of the second trust was satisfied by the
reason to know that the property was abandoned unless
proceeds of the foreclosure sale.
you expect to commence a foreclosure, execution, or
similar action within 3 months, as explained earlier. If a
Abandonment
third party purchases the property at a foreclosure,
execution, or similar sale, the property is treated as
An abandonment occurs when the objective facts and
abandoned, and you have reason to know of its
circumstances indicate that the borrower intended to and
abandonment on the date of sale.
has permanently discarded the property from use. You
have “reason to know” of an abandonment based on all
Box 2. Balance of Principal Outstanding
the facts and circumstances concerning the status of the
property. You will be deemed to know all the information
Enter the balance of the debt outstanding at the time the
that would have been discovered through a reasonable
interest in the property was acquired or on the date you
inquiry when, in the ordinary course of business, you
first knew or had reason to know that the property was
become aware or should become aware of circumstances
abandoned. Include only unpaid principal on the original
indicating that the property has been abandoned. If you
debt. Do not include accrued interest or foreclosure costs.
expect to commence a foreclosure, execution, or similar
Box 3. Reserved
sale within 3 months of the date you had reason to know
that the property was abandoned, reporting is required as
Box 4. Fair Market Value (FMV) of Property
of the date you acquire an interest in the property or a
For a foreclosure, execution, or similar sale, enter the
third party purchases the property at such sale. If you
FMV of the property. See Temporary Regulations section
expect to but do not commence such action within 3
1.6050J-1T, Q/A-32. Generally, the gross foreclosure bid
months, the reporting requirement arises at the end of the
price is considered to be the FMV. If an abandonment or
3-month period.
voluntary conveyance to the lender in lieu of foreclosure
Statements to Borrowers
occurred and you placed an “X” in the checkbox in box 5,
enter the appraised value of the property. Otherwise,
If you are required to file Form 1099-A, you must provide a
make no entry in this box.
statement to the borrower. Furnish a copy of Form 1099-A
or an acceptable substitute statement to each borrower.
Box 5. Was Borrower Personally Liable for
For more information about the requirement to furnish a
Repayment of the Debt
statement to the borrower, see part M in the 2018 General
Instructions for Certain Information Returns.
If the borrower was personally liable for repayment of the
debt at the time the debt was created or, if modified, at the
Truncating borrower's TIN on statements. Pursuant to
time of the last modification, enter an “X” in the checkbox.
Treasury Regulations section 301.6109-4, all filers of
Form 1099-A may truncate a borrower's TIN (social
Box 6. Description of Property
security number (SSN), individual taxpayer identification
Enter a general description of the property. For real
number (ITIN), adoption taxpayer identification number
property, generally you must enter the address of the
(ATIN), or employer identification number (EIN)) on payee
property, or, if the address does not sufficiently identify
statements. Truncation is not allowed on any documents
the property, enter the section, lot, and block.
the filer files with the IRS. A lender's TIN may not be
truncated on any form. See part J in the 2018 General
For personal property, enter the applicable type, make,
Instructions for Certain Information Returns.
and model. For example, describe a car as “Car—2014
Honda Accord.” Use a category such as “Office
Account Number
Equipment” to describe more than one piece of personal
The account number is required if you have multiple
property, such as six desks and seven computers. Enter
accounts for a borrower for whom you are filing more than
“CCC” for crops forfeited on Commodity Credit
one Form 1099-A. Additionally, the IRS encourages you
Corporation loans.
to designate an account number for all Forms 1099-A that
you file. See part L in the 2018 General Instructions for
Specific Instructions for Form 1099-C
Certain Information Returns.
The creditor's phone number must be provided in
Box 1. Date of Lender's Acquisition or
the creditor's information box. It should be a
!
Knowledge of Abandonment
central number for all canceled debts at which a
CAUTION
person may be reached who will ensure the debtor is
For an acquisition, enter the date you acquired the
connected with the correct department.
secured property. An interest in the property generally is
acquired on the earlier of the date title is transferred to the
Do not file Form 1099-C when fraudulent debt is
lender or the date possession and the burdens and
canceled due to identity theft. Form 1099-C is to
!
benefits of ownership are transferred to the lender. If an
be used only for cancellations of debts for which
objection period is provided by law, use the date the
CAUTION
the debtor actually incurred the underlying debt.
objection period expires. If you purchase the property at a
sale held to satisfy the debt, such as at a foreclosure or
File Form 1099-C, Cancellation of Debt, for each
execution sale, use the later of the date of sale or the date
debtor for whom you canceled a debt owed to you of $600
the borrower's right of redemption, if any, expires.
or more if:
-2-
Instructions for Forms 1099-A and 1099-C (2018)

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