2.26 Ark. Code R. 51-425

Current through Register Vol. 49, No. 9, September, 2024
Rule 2.26-51-425 - Mortgaged or Pledged Property Sold for Less Than the Amount of the Debt

Where mortgaged or pledged property is lawfully sold (whether to the creditor or another purchaser) for less than the amount of the debt, and the mortgagee or pledgee ascertains that the portion of the indebtedness remaining unsatisfied after such sale is wholly or partially uncollectible and charges it off, he may deduct such amount (to the extent that it constitutes capital or represents an item the income from which has been reported by him) as a bad debt for the tax year in which it is ascertained to be wholly or partially worthless and charged off. In addition, where the creditor buys in the mortgaged or pledged property, loss or gain is realized, measured by the difference between the amount of those obligations of the debtor which are applied to the purchase or bid price of the property (to the extent that such obligations constitute capital or represent an item the income from which has been returned by him) and the fair market value of the property. The fair market value of the property shall be presumed to be the amount for which it is bid in by the taxpayer, in the absence of clear and convincing proof to the contrary. If the creditor subsequently sells the property so acquired, the basis for determining gain or loss is the fair market value of the property at the date of acquisition.

Accrued interest may be included as part of the deduction only when it has previously been reported as income.

2.26 Ark. Code R. 51-425