IRS withdraws proposed mortgage loan regulations
The IRS withdrew proposed regulations that would have treated mortgage loans as capital assets and restricted the deductibility of mortgage defaults.
The Treasury Department and the IRS first published the proposed regulations in August 2006, seeking to clarify the circumstances in which accounts or notes receivable are “acquired ... for services rendered” within the meaning of Section 1221(a)(4). The IRS's proposed regulations would only have allowed mortgage companies to use the losses from mortgage delinquencies to offset capital gains.
The IRS received written comments and held public hearings to discuss the regulations. The withdrawal is expected to benefit large mortgage organizations such as Fannie Mae and Freddie Mac, and other holders of defaulted loans.
The IRS will not challenge return reporting positions of taxpayers under Section 1221(a)(4) that apply existing law.
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- IRS withdraws proposed mortgage loan regulations
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