CCH (cch.taxgroup.com) reports:
"Pay-for-Performance Success Payments" under the U.S. Government's Home Affordable Modification Program (HAMP) are excludable from gross income. Under HAMP, which was created in response to the unprecedented financial stress of 2008 and 2009, financially stressed homeowners that make timely payments on modified loans are eligible to have incentive payments made on their behalf to lenders/investors. These payments reduce the principal balance on the homeowner's mortgage loan. Absent an exclusion, these payments would constitute gross income under Code Sec. 61(a). However, the HAMP "Pay-for-Performance Success Payments" are excluded from income because they meet the definition of payments under governmental social benefit programs for the promotion of the general welfare and not for services rendered. See Rev. Rul. 74-205, 1974-1 C.B. 20 and Rev. Rul. 98-19, 1998-1 C.B. 840 for other examples of qualifying payments.
Rev. Rul. 2009-19, 2009FED ¶46,412
Other References:
Code Sec. 61
CCH Reference - 2009FED ¶5504.184
Tax Research Consultant
CCH Reference - TRC: INDIV: 33,350
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