Do I have to report foreclosure on my taxes?
Sarah Garza
Updated on March 14, 2026
The IRS requires you to report the gain or loss on a foreclosure on your tax return. If your rental house is foreclosed on, the IRS views it as a sale. This requires you to report the gain or loss you incur on your tax return.
How does foreclosure affect income taxes?
A foreclosure is treated the same as the sale of a property, which can trigger a capital gain. In some cases, the taxpayer may also owe income tax on the amount of any part of the mortgage debt that has been forgiven or canceled.
Are IRS liens wiped out in foreclosure?
In cases where the mortgage lender recorded its lien (the mortgage) before the IRS records a Notice of Federal Tax Lien, the mortgage has priority. This means that if the lender forecloses, the federal tax lien on the home—but not the debt itself—will be wiped out in the foreclosure.
Can bank sue me after foreclosure?
Most states allow lenders to sue borrowers for deficiencies after foreclosure or, in some cases, in the foreclosure action itself. Still others cap the amount that lenders can recover in deficiency lawsuits to the difference between the outstanding mortgage debt and the house’s fair market value.
How is a foreclosure treated for income tax purposes?
A foreclosure or repossession of property on which you have a debt is treated as a sale or exchange for income tax purposes. You may realize a gain or loss on the foreclosure or repossession. This is determined the same way as for a sale or exchange – the difference between the amount realized and your adjusted basis in the property.
How much can you exclude from income from foreclosure?
The amount on line 6 is your gain from the foreclosure of your home. If you have owned and used the home as your principal residence for periods totaling at least two years during the five year period ending on the date of the foreclosure, you may exclude up to $250,000 (up to $500,000 for married couples filing a joint return) from income.
How to figure out income from a foreclosure?
At the time of the foreclosure, the borrower is insolvent, with liabilities (mortgage, credit cards, car loans and other debts) totaling $250,000 and assets totaling $230,000. The borrower figures income from the foreclosure as follows. Use the following steps to compute the income to be reported from a foreclosure:
Can a loss from a foreclosure be deductible on taxes?
No. Losses from the sale or foreclosure of personal property are not deductible.