HOUSE DOCKET, NO. 3465        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3337

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Elizabeth A. Malia

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the relief of mortgage debt.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Elizabeth A. Malia

11th Suffolk

1/20/2017

Kevin G. Honan

17th Suffolk

 

James J. O'Day

14th Worcester

2/3/2017

Jay R. Kaufman

15th Middlesex

2/3/2017

Jason M. Lewis

Fifth Middlesex

 

Kay Khan

11th Middlesex

 

Angelo M. Scaccia

14th Suffolk

2/3/2017

John H. Rogers

12th Norfolk

 

Bud Williams

11th Hampden

 

Thomas P. Walsh

12th Essex

 

Denise Provost

27th Middlesex

 

Mike Connolly

26th Middlesex

 

Jack Lewis

7th Middlesex

 

Chris Walsh

6th Middlesex

 

Joseph W. McGonagle, Jr.

28th Middlesex

 

Mary S. Keefe

15th Worcester

 

RoseLee Vincent

16th Suffolk

 

Michelle M. DuBois

10th Plymouth

2/3/2017

James R. Miceli

19th Middlesex

2/3/2017

Thomas M. Stanley

9th Middlesex

 

Natalie Higgins

4th Worcester

 


HOUSE DOCKET, NO. 3465        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3337

By Ms. Malia of Boston, a petition (accompanied by bill, House, No. 3337) of Elizabeth A. Malia and others relative to treatment of debt on principal residences for tax purposes.  Revenue.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to the relief of mortgage debt.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of chapter 62 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subparagraph:-

(R) To the extent not otherwise excluded from gross income, in whole or in part, income attributable to the discharge of debt on a principal residence, including debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, subject to the following conditions and limitations:

(i) No more than $2,000,000 of forgiven debt is eligible for the exclusion under this section, or $1,000,000 in the case of married filing separately for the purposes of federal taxes.

(ii) This section shall only apply to “acquisition indebtedness” as defined in section 163(h)(3)(B) of the code.

(iii) The amount excluded from gross income by reason of this section shall be applied to reduce, but not below zero, the Massachusetts basis of the principal residence of the taxpayer.

(iv) This section shall not apply to the discharge of a loan if the discharge is on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer.

(v) If any loan is discharged, in whole or in part, and only a portion of such loan qualifies under this section, this section shall apply only to so much of the amount discharged as exceeds the amount of the loan, as determined immediately before such discharge, which does not qualify. The principal residence exclusion shall take precedence over an insolvency exclusion unless elected otherwise.

(vi) For the purposes of this section, the term “principal residence” shall have the same meaning as in section 121 of the code.

SECTION 2. This Act shall apply to discharges of indebtedness on or after January 1, 2013.

SECTION 3. The commissioner shall promulgate regulations to effectuate this provision.