SENATE DOCKET, NO. 1500        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1512

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sal N. DiDomenico

_________________

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:

 

Sal N. DiDomenico

Middlesex and Suffolk

 

Kay Khan

11th Middlesex

1/30/2017

Denise Provost

27th Middlesex

1/30/2017

Mike Connolly

26th Middlesex

1/30/2017

James B. Eldridge

Middlesex and Worcester

2/1/2017

Mary S. Keefe

15th Worcester

2/2/2017

Jason M. Lewis

Fifth Middlesex

2/2/2017

Elizabeth A. Malia

11th Suffolk

2/3/2017

Thomas M. Stanley

9th Middlesex

2/3/2017

Jay R. Kaufman

15th Middlesex

2/3/2017

Jennifer L. Flanagan

Worcester and Middlesex

2/8/2017

Dylan Fernandes

Barnstable, Dukes and Nantucket

2/17/2017


SENATE DOCKET, NO. 1500        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1512

By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1512) of Sal N. DiDomenico, Kay Khan, Denise Provost, Mike Connolly and other members of the General Court for legislation relative to the relief of mortgage debt.  Revenue.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3770 OF 2015-2016.]

 

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.