This is an Official Bankruptcy Form. Official Bankruptcy Forms are approved by the Judicial Conference and must be used under Bankruptcy Rule Chapter 13 Calculation of Your Disposable Income | United States Courts. Here are the Main components of Part A of Form Employer’s name and address; Employer’s PAN and TAN; Employee’s PAN; Details of the tax deducted and deposited on a quarterly basis; Form 16 – Part B and its components. An annexure to the first part of Form 16, Part B has the following components: Salary breakup in detail. Official Bankruptcy Forms Effective December 1, (Listing is by NEW Form Numbers) Form # Form Name Form # New Name PDF B 22C-2 Chapter 13 Calculation of Your Disposable Income BC-2 Same PDF B 1 Voluntary Petition B Voluntary Petition for Non-Individuals Filing for Bankruptcy PDF.
Net capital loss and capital loss carryovers. First reduce any net capital loss and then any capital loss carryover to after taking into account any amount used to reduce taxable income in the order of the tax years from which the carryovers arose, starting with the earliest year. Reduce the net capital loss or carryover by one dollar for each dollar of excluded canceled debt. Reduce the basis of the property you hold at the beginning of in the following order and, within each category, in proportion to adjusted basis.
Real property used in your trade or business or held for investment other than real property held for sale to customers in the ordinary course of business if it secured the canceled debt. Personal property used in your trade or business or held for investment other than inventory and accounts and notes receivable if it secured the canceled debt. Any other property used in your trade or business or held for investment other than inventory, accounts receivable, notes receivable, and real property held for sale to customers in the ordinary course of business.
Inventory, accounts receivable, notes receivable, and real property held primarily for sale to customers in the ordinary course of business. Personal-use property property not used in your trade or business nor held for investment. Reduce the basis by one dollar for each dollar of excluded canceled debt. However, the reduction can't be more than the excess of the total basis of the property and the amount of money you held immediately after the debt cancellation over your total liabilities immediately after the cancellation.
For allocation rules that apply to basis reductions for multiple canceled debts, see Regulations section 1. Also see Election to reduce the basis of depreciable property before reducing other tax attributes , later. Passive activity loss and credit carryovers. Reduce the passive activity loss and credit carryovers from Reduce the loss carryover by one dollar for each dollar of excluded canceled debt. Foreign tax credit. Election to reduce the basis of depreciable property before reducing other tax attributes.
You can elect to reduce the basis of depreciable property you held at the beginning of before reducing other tax attributes. You can reduce the basis of this property by all or part of the canceled debt. Basis of property is reduced in the following order. Depreciable real property used in your trade or business or held for investment that secured the canceled debt. Depreciable personal property used in your trade or business or held for investment that secured the canceled debt.
Other depreciable property used in your trade or business or held for investment. Real property held primarily for sale to customers if you elect to treat it as if it were depreciable property on Form Basis reduction is limited to the total adjusted basis of all your depreciable property. Depreciable property for this purpose means any property subject to depreciation or amortization, but only if a reduction of basis will reduce the depreciation or amortization otherwise allowable for the period immediately following the basis reduction.
If the amount of canceled debt excluded from income is more than the total basis in depreciable property, you must use the excess to reduce the other tax attributes in the order described earlier under All other tax attributes.
In figuring the limit on the basis reduction in 5 , Basis, use the remaining adjusted basis of your properties after making this election. See Form for information on how to make this election. The election can be revoked only with IRS consent. If you reduce the basis of property under these provisions and later sell or otherwise dispose of the property at a gain, the part of the gain due to this basis reduction is taxable as ordinary income under the depreciation recapture provisions.
Treat any property that isn't section or section property as section property. For section property, determine the depreciation adjustments that would have resulted under the straight line method as if there were no basis reduction for debt cancellation.
See Pub. If you exclude canceled debt from income under both the insolvency exclusion and the exclusion for qualified farm indebtedness, you must first reduce your tax attributes by the amount excluded under the insolvency exclusion. Then reduce your remaining tax attributes but not below zero by the amount of canceled debt that qualifies for the farm debt exclusion. In most cases, when reducing your tax attributes for canceled qualified farm indebtedness excluded from income, reduce them in the same order explained under Bankruptcy and Insolvency , earlier.
However, don't follow the rules in item 5 , Basis. Instead, reduce only the basis of qualified property. Qualified property is any property you use or hold for use in your trade or business or for the production of income. Reduce the basis of qualified property in the following order. Depreciable qualified property. You can elect on Form to treat real property held primarily for sale to customers as if it were depreciable property. If you make an election to exclude canceled qualified real property business debt from income, you must reduce the basis of your depreciable real property but not below zero by the amount of canceled qualified real property business debt excluded from income.
The basis reduction is made at the beginning of However, if you dispose of your depreciable real property before the beginning of , you must reduce its basis but not below zero immediately before the disposition.
Enter the amount of the basis reduction on line 4 of Form Example 1—qualified real property business indebtedness and insolvency with reduction in basis. He used the property in his business continuously since he bought it and had no other debt secured by that depreciable real property. His tax attributes included the basis of depreciable property, a net operating loss, and a capital loss carryover to Curt must apply the insolvency exclusion before applying the exclusion for canceled qualified real property business indebtedness.
Curt elects to reduce his basis of depreciable property before reducing other tax attributes. Under that election, he must first reduce his basis in the depreciable real property used in his trade or business that secured the canceled debt. The amount he can exclude is limited. Curt checks the boxes on lines 1b and 1d of Form Example 2—qualified real property business indebtedness with insolvency and reduction in NOL.
Bob owns depreciable real property used in his retail business. Bob had no other debt secured by that depreciable real property. It can't be more than:. If you don't make payments you owe on a loan secured by property, the lender may foreclose on the loan or repossess the property. The foreclosure or repossession is treated as a sale from which you may realize gain or loss.
This is true even if you voluntarily return the property to the lender. If the outstanding loan balance was more than the FMV of the property and the lender cancels all or part of the remaining loan balance, you also may realize ordinary income from the cancellation of debt. You must report this income on your return unless certain exceptions or exclusions apply. See chapter 1 for more details. You figure and report gain or loss from a foreclosure or repossession in the same way as gain or loss from a sale.
The gain is the difference between the amount realized and your adjusted basis in the transferred property amount realized minus adjusted basis. The loss is the difference between your adjusted basis in the transferred property and the amount realized adjusted basis minus amount realized. For more information on figuring gain or loss from the sale of property, see Gain or Loss From Sales and Exchanges in Pub.
You can use Table to figure your ordinary income from the cancellation of debt and your gain or loss from a foreclosure or repossession. Amount realized and ordinary income on a recourse debt.
If you are personally liable for the debt, the amount realized on the foreclosure or repossession includes the smaller of:. The outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, or. The amount realized also includes any proceeds you received from the foreclosure sale.
If the FMV of the transferred property is less than the total outstanding debt immediately before the transfer reduced by any amount for which you remain personally liable immediately after the transfer, the difference is ordinary income from the cancellation of debt. Lili is personally liable for the mortgage loan and the house secures the loan.
In , the bank foreclosed on the mortgage because Lili stopped making payments. Lili also must determine her gain or loss from the foreclosure. This is the smaller of:. Tara is personally liable for the loan recourse debt and the car is pledged as security for the loan.
On August 1, , the credit company repossessed the car because Tara had stopped making loan payments. If you aren't personally liable for repaying the debt secured by the transferred property, the amount you realize includes the full amount of the outstanding debt immediately before the transfer.
This is true even if the FMV of the property is less than the outstanding debt immediately before the transfer. She isn't personally liable for the loan, but grants the bank a mortgage. The bank foreclosed on the mortgage because Lili stopped making payments. Tara isn't personally liable for the loan nonrecourse , but pledged the new car as security for the loan. A lender who acquires an interest in your property in a foreclosure or repossession should send you Form A, Acquisition or Abandonment of Secured Property, showing information you need to figure your gain or loss.
However, if the lender also cancels part of your debt and must file Form C, the lender can include the information about the foreclosure or repossession on that form instead of on Form A. For foreclosures or repossessions occurring in , these forms should be sent to you by January 31, You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership but without passing it on to anyone else.
Whether an abandonment has occurred is determined in light of all the facts and circumstances. You must both show an intention to abandon the property and affirmatively act to abandon the property. For more information, see Sales and Exchanges in Pub.
This publication only discusses the tax consequences of abandoning property that secured a debt. In most cases, if you abandon property that secures debt for which you are personally liable recourse debt , you don't have gain or loss until the later foreclosure is completed.
For details on figuring gain or loss on the foreclosure, see chapter 2. Example 1—abandonment of personal-use property securing recourse debt. She borrowed the entire purchase price, for which she was personally liable, and gave the bank a mortgage on the home. In , Anne lost her job and was unable to continue making her mortgage loan payments. Because Anne was personally liable for the debt and the bank didn't complete a foreclosure of the property in , Anne has neither gain nor loss in tax year from abandoning the home.
If the bank sells the house at a foreclosure sale in , Anne will have to figure her gain or nondeductible loss for tax year as discussed earlier in chapter 2. Example 2—abandonment of business or investment property securing recourse debt. She borrowed the entire purchase price, for which she was personally liable, and gave the lender a security interest in the property.
In , Sue was unable to continue making her loan payments. Because Sue was personally liable for the debt and the lender didn't complete a foreclosure of the property in , Sue has neither gain nor loss in tax year from abandoning the property.
If the lender sells the property at a foreclosure sale in , Sue will have to figure her gain or deductible loss for tax year as discussed earlier in chapter 2. If you abandon property that secures debt for which you aren't personally liable nonrecourse debt , the abandonment is treated as a sale or exchange.
The amount you realize on the abandonment of property that secured nonrecourse debt is the amount of the nonrecourse debt. If the amount you realize is more than your adjusted basis, then you have a gain.
If your adjusted basis is more than the amount you realize, then you have a loss. Loss from abandonment of business or investment property is deductible as a loss. The character of the loss depends on the character of the property. The amount of deductible capital loss may be limited. For more information, see Treatment of Capital Losses in Pub.
You can't deduct any loss from abandonment of your home or other property held for personal use. Example 1—abandonment of personal-use property securing nonrecourse debt. He borrowed the entire purchase price, for which he wasn't personally liable, and gave the bank a mortgage on the home. In , Timothy lost his job and was unable to continue making his mortgage loan payments. Because Timothy wasn't personally liable for the debt, the abandonment is treated as a sale or exchange of the home in tax year The bank sells the house at a foreclosure sale in Timothy has neither gain nor loss from the foreclosure sale.
Because he wasn't personally liable for the debt, he also has no cancellation of debt income. Example 2—abandonment of business or investment property securing nonrecourse debt. He borrowed the entire purchase price, for which he wasn't personally liable, and gave the lender a security interest in the property. In , Robert was unable to continue making his loan payments.
Because Robert wasn't personally liable for the debt, the abandonment is treated as a sale or exchange of the property in tax year The lender sells the property at a foreclosure sale in Robert has neither gain nor loss from the foreclosure sale. If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt.
This income is separate from any amount realized from abandonment of the property. You must report this income on your return unless one of the exceptions or exclusions described in chapter 1 applies. Also, if your debt is canceled and the lender must file Form C, the lender can include the information about the abandonment on that form instead of on Form A.
For abandonments of property and debt cancellations occurring in , these forms should be sent to you by January 31, If you have questions about a tax issue, need help preparing your tax return, or want to download free publications, forms, or instructions, go to IRS. The Volunteer Income Tax Assistance VITA program offers free tax help to people with low-to-moderate incomes, persons with disabilities, and limited-English-speaking taxpayers who need help preparing their own tax returns.
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Nonrecourse debt. More information. Abandonments Recourse debt. Eligible educational institution. Qualified lenders. Section c 3 organization. Refinanced loan. Student Loan Repayment Assistance. Exclusions Bankruptcy How to report the bankruptcy exclusion. Insolvency Insolvency Worksheet Other exclusions must be applied before the insolvency exclusion.
How to report the insolvency exclusion. Qualified Farm Indebtedness Other exclusions must be applied before the qualified farm indebtedness exclusion. Exclusion limit. Adjusted tax attributes. Qualified property. How to report the qualified farm indebtedness exclusion.
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Recognition and Benefits for Startups including Tax Benefits. June 11, at am. In an uncertain economic climate bankruptcy can be a shrewd option, not just a last resort. When making this personal decision this bankruptcy form is still one of the best ways to help you decide if you should file. It's certainly not an easy choice, and it's not right for everyone.
You'll need to figure out your assets and debts: who do you owe money to? Is your income going to work with bankruptcy?
What are your expenses that you can't clear? Working with a bankruptcy attorney can certainly help, but you can figure out some of the important details yourself. A little preparation can help you save time and money - Using a Bankruptcy Worksheet can help you see the big picture and decide where to go from there.
More than just a template, our step-by-step interview process makes it easy to create a Bankruptcy Worksheet. Save, sign, print, and download your document when you are done. Characters remaining: