More consumer-friendly provisions of the fiscal cliff deal that was signed into law by President Barack Obama Thursday morning keep surfacing.

Under a provision authored by Sen. Debbie Stabenow, D-Mich., underwater homeowners whose banks forgive a portion of their mortgage will not face huge new tax bills this year.

Stabenow's Mortgage Forgiveness Tax Relief Act, which is extended for another year, stops the IRS from taxing mortgage forgiveness as income in the case of a short sale, refinancing or foreclosure, protecting families who own underwater homes and work with their lenders from being unfairly hit with an additional tax bill. The law was first signed by President George W. Bush in 2007 but set to expire at the end of 2012.

Michigan is fifth in the nation in underwater mortgages, with nearly one in three homes underwater (over 440,000 homes across the state), according to a statement released by Stabenow's office.

“It was extremely important that Congress was able to come together to make sure families whose homes are underwater don't get hit with a huge new tax bill they don't deserve,” said Stabenow, in the release. “Across Michigan and across the country, many middle-class families are still working to recover from the global financial crisis that sent home values plummeting. If Congress had not included this provision, the housing market could have taken a big hit just as it is starting to turn the corner.”

Gary Thomas, president of the National Association of Realtors, said in the same statement that “Realtors are appreciative of Sen. Stabenow's efforts to secure an extension of tax relief for forgiven mortgage debt. The extension will help many troubled borrowers who were uncertain about their future, and is vital to the nation's recovering housing market and economy.”

Before Stabenow's original bill was signed into law, if a family owed $150,000 on their home but could only sell it for $100,000, and the bank forgives the remaining $50,000 of the mortgage, the IRS treated this $50,000 as taxable income. “That would mean an average middle class family would have to pay an additional $12,500 in income taxes on top of their regular income taxes,” Stabenow said. Stabenow's law “stopped this from happening for five years from 2008 through 2012, but would have expired for 2013 if it had not been extended.”

This article was originally posted at AdvisorOne.com, a sister site of Credit Union Times.

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Melanie Waddell

Melanie is senior editor and Washington bureau chief of ThinkAdvisor. Her ThinkAdvisor coverage zeros in on how politics, policy, legislation and regulations affect the investment advisory space. Melanie’s coverage has been cited in various lawmakers’ reports, letters and bills, and in the Labor Department’s fiduciary rule in 2024. In 2019, Melanie received an Honorable Mention, Range of Work by a Single Author award from @Folio. Melanie joined Investment Advisor magazine as New York bureau chief in 2000. She has been a columnist since 2002. She started her career in Washington in 1994, covering financial issues at American Banker. Since 1997, Melanie has been covering investment-related issues, holding senior editorial positions at American Banker publications in both Washington and New York. Briefly, she was content chief for Internet Capital Group’s EFinancialWorld in New York and wrote freelance articles for Institutional Investor. Melanie holds a bachelor’s degree in English from Towson University. She interned at The Baltimore Sun and its suburban edition.