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National Timeshare Owners Association

The Tuesday Slot with Irene

Welcome to this weeks Tuesday Slot, this week we welcome a new contributor Diane Creiger, with her article Elder Advocates, but first a quick update on the article published yesterday regarding Anfi Tauro Beach.

After publishing it became apparent that this news was still breaking in the Spanish press, with the publishing of more information regarding the demolition of the shacks and the company employed by Anfi to carry this out. Canarias Seminal published

“UN COMANDO DE BOXEADORES PENINSULARES VIAJA A GRAN CANARIA PARA DERRIBAR CHABOLAS (VÍDEO)”

(A COMMAND OF PENINSULAR BOXERS TRAVELS TO GRAN CANARIA TO DEMOLISH SHANTIES (VIDEO))

http://canarias-semanal.org/not/23270/un-comando-de-boxeadores-peninsulares-viaja-a-gran-canaria-para-derribar-chabolas-video-/

This follows from the El Diario article “Violento derribo de chabolas en Tauro”

(Violent felling of shanties in Tauro)

https://www.eldiario.es/canariasahora/sociedad/Violento-derribo-chabolas-Tauro_2_794790515.html

With following photo posted on facebook:

(These are the sicarios and godosjediondos of the business  DESOKUPA traids by Santana Cazorla and the government of the Canary Islands from Spain to curb the Canaries with their corrupt laws of eviction and appropriate the public domain ¡¡¡Espabilate Canario that you eat the jediondo godo!!!) (Apologies for the translations)

I just wonder how all the members at Anfi feel that their “club” is a party to this type of behaviour?

Now on with today’s article.

“They told us if we did not give up our deeded timeshare, our children would be sued and their credit would be ruined. I recorded the presentation.”

A frequent timeshare member complaint, reported by our readers, concerns faulty estate planning advice given to members concerned about passing on a timeshare liability to their children and heirs. Members say they are told their children will be responsible for the timeshare unless they give up their deeded timeshare and buy timeshare points. Timeshare members should receive estate planning advice from their estate planning lawyer, not from timeshare sales agents. Irene Parker  

By Diane Creiger

July 24, 2018

I am writing to let seniors know how financially devastating a timeshare decision can be. I am 74 years old and my husband Tom is 77. We bought Diamond points only because we were repeatedly told our heirs would be responsible for maintenance fees if we did not give up our deeded timeshare. We have learned this was not true. We were given false estate planning advice.

In Branson, June of 2014, our sales agent Kimberly told us three times, “Your children will have to take this timeshare whether they want it or not.” I had asked what would happen if our children could not pay the maintenance fees. Kimberly said our children would be sued and their credit ruined. I recorded this in-person presentation in Missouri on June 18, 2014. In Missouri one party recording is allowed. Kimberly was very threatening.

On the recording, DRI sales agent Kimberly states, “The HOA companies want their maintenance fees and they say this will go to your kids whether they want it or not.” I asked, “what if they can’t pay it?” Kimberly replied, “Then the HOA has the right to sue your children and ruin their credit. If you have a deed, which you own, that’s what we are looking at here today. That’s the difference between Diamond and what you have.” She repeated, “If your kids don’t want this, they still have to pay the maintenance fees on it, regardless. This will be willed to them whether or not they want it. Your kids do not have a choice.” That sounded pretty threatening to us.

We did not buy then, but worried about the liability we would pass on to our children, we purchased 4,000 vacation points later in Florida, only for this reason. The Florida sales agent told us the same thing.

I learned this was in no way true in our situation, but now made worse because we used a credit card to charge the purchase. This debt could complicate our estate settlement. In other words, we had no estate problem, UNTIL we gave up our deed. With a credit card liability, the settlement of our estate could be jeopardized by this outstanding debt.

I reached out to Diamond Resorts Consumer Advocacy, Diamond CEO Michael Flaskey, Diamond’s PR Firm Prosek, Barclays President’s office, the National Timeshare Owners Association, the Better Business Bureau, the Florida Attorney General’s timeshare division, the Florida Attorney General’s Senior vs Crime Project, and AARP. The Senior Sleuths never responded. There seems to be no timeshare enforcement. We feel trapped. Everyone responds, “You signed a contract.”

After numerous attempts to resolve our dispute, I received an unusual call from a Mr. Edward Florez. Mr. Florez stated his department was recently set up, and his job recently created, because Apollo Global Management wanted their customers to have the best customer service available and that is why they created his office. Mr. Florez said he had been a police officer for 20 years. He said he wanted to help me. I was informed our account is now a corporate account and we are to deal only with him. Mr. Florez allowed me to record our call, which is a first. He was very explicit that we should not go to any more timeshare updates, unless we wanted some particular gift. He said there was no reason for us to experience so much pressure.

I told Mr. Florez that six different salesperson had told us about the problems our heirs would experience inheriting the deeded timeshare we owned before Diamond acquired our resort. Mr. Florez agreed this was not correct. He said that there may have been a few sales people who needed to be brought up to their (Apollo’s) level of customer service.

I asked Mr. Florez why our maintenance fees had increased $500. He said this was an “impact” fee that occurs when a deeded owner gives up their deed. I said that would mean our maintenance fees should not go up because of this being a one time fee. He laughed and said “I will never say that.”

I then became a little forceful and told him I was thinking about writing some articles, and writing letters to AARP, DoJ, and Consumer Affairs. I told him that the senior community needed to be warned and the Department of Justice needs to look into the timeshare industry. There was a lot of stuttering on the other end of the line.

Diamond’s CLARITY program is about Diamond members receiving clear, concise, accountable, transparent information. We received the opposite of accountable and transparent information.

As a last resort, I reached out to Apollo Global Management. After contacting Apollo, I received a call from Diamond corporate within an hour. I was encouraged, only to be told no one will talk to me anymore. I was informed I must send my complaint snail mail to Diamond’s corporate office from now on. I feel like I have been sent to the Principal’s office.

We feel our Diamond Orlando sales agent Randy used deceptive tactics to coerce us into giving up our deeded timeshare by telling us the following:

  1.  Randy said if we did not give up our ILX (Arizona) deeded timeshare our heirs would be responsible for maintenance fees. We had heard sales agents at five prior sales presentations make this same claim.
  2. Randy told us that once we had completed and paid for our Diamond purchase we could walk away from Diamond at any time with no repercussions. No misunderstanding here. I asked this question pointedly.
  3. Randy said our current maintenance fees were much too high. He said our maintenance fees may not go up if we converted to points. Randy explained that this was because our deeded week was in a small pool. He said points are in a much larger pool which serves to dilute the fees. After we converted to points our maintenance fees went from $2,000 to $2,500.
  4. When I asked Randy about the $500 increase in maintenance fees, he just said we could deduct the fees on our income taxes. When I told him the IRS doesn’t allow maintenance fees to be deduction, he replied, “Well, many people do it.”   
  5. After signing a few papers, we were directed to the office of a DRI QA agent. She had us sign numerous documents electronically which we could not entirely read. We signed in a master block, and then were told to tap the blank blocks. One of the blank blocks stated that Diamond could not raise our maintenance fees more than 25% per year. We could not read this until we reviewed the hard copy after we returned home. We would never have signed a document that allows maintenance fees to be raised by 25%.
  6. The initials on the documents are not mine. My initials are DMC, but the contract shows DMN.
  7. When we told Randy and the QA agent that we were electronically inept, they suggested we attend a training class on the use of the Notepad. We received a letter stating we were to attend a “New Member Orientation” at Cancun Resort in Las Vegas. We incurred the expense of the airfare to Las Vegas, in addition to other expenses. When we showed up for our orientation we were told there was no such thing as a New Member Orientation. We were furious. All they did was try to sell us more points.  

We have not used any of the Diamond points we purchased. We have asked Diamond to return our $16,000 that we paid for 4,000 points. We are even willing to forfeit our ILX deed for which we paid $19,000 to get out of this nightmare.

When Diamond calls us, they record the call, but when I ask if I can record the call, I have repeatedly been told no. This is very intimidating, especially to seniors who feel they have been victimized. They say it is against company policy.

I had the opportunity to sit on a federal grand jury from January of 1999 until June of 2000. I understand the patience and determination it takes to get to the bottom of a situation and to seek justice. I will not give up. I have learned we are one of many seniors who bought Diamond points and were told if we didn’t give up our deeded timeshare our heirs would be responsible for maintenance fees.  I have joined our Diamond member sponsored Facebook.  

In my complaint I included:

If the decedent left a will and named you as a beneficiary and you decline the bequest, most states treat the event the same as if you had predeceased him. The executor must probate the will as if you had died and were no longer available to accept your inheritance. Your bequest will then revert back to the estate. info.legalzoom.com/happens-someone-refuses-accept-inheritance-21217.html

We also had a terrible experience in Sedona at Los Abrigados. They put us in a handicap unit, which we didn’t need. The room was dirty with the contents of a broken colostomy bag that had dripped 15 feet across the carpet. We took pictures. They would not accommodate us with other lodging. We had our children and grandchildren with us. All they did was put rugs or runners over the carpet until the next day when they cleaned the carpet. They only refunded our points after we complained.

Florida’s Seniors vs Crime project, Senior Sleuths never responded.

http://insidetimeshare.com/the-tuesday-slot-with-irene-8/

Thank you to Diane for sharing her experience and becoming our own Senior Timeshare Sleuth, volunteering her time to assist other seniors who feel they have been victimized by timeshare sales agents. We look forward to future articles.

We seek to provide Diamond Resort members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://www.aarp.org/aarp-foundation/our-work/income/elderwatch/report-fraud/

Thank you Diane, we hope to read many more from you, but I am sure that this will hit home to many of our readers.

Tomorrow we will be publishing the article about Marriott and their report to shareholders, which also highlights the fact that they are facing a plethora of lawsuits in Spain with a substantial amount set aside to cover the costs of this.

If you have any questions or comments on any this or any other article published, or just need information on a company that has contacted you, then use our contact page and we will get back to you.

 

The Tuesday Slot with Irene

In this weeks Tuesday Slot, Irene Parker takes a look at an old friend of Inside Timeshare, the National Timeshare Owners Association, which is now known as the Association of Vacation Owners. The CEO is still our old friend Greg Crist, who was also interviewed by Irene.

Before we go on with Irene’s article we once again highlight the many calls our readers are receiving regarding “claiming compensation” for their timeshares. As usual these calls require a meeting at an office to go over the claim. These are usually enticed by the words “No win No fee”.

But once there, the owners are then told the only way to claim is only once the contract has been cancelled. This is where they are then told that to do this it will cost thousands of pounds!

In many cases we have seen the “client” is then told to just stop paying the maintenance fees, then as we have seen with RSB Legal clients 18 months down the line they find that they are not out of their timeshare and now have arrears in maintenance fees.

AS we highlighted yesterday, just from the number of enquiries Inside Timeshare has received, the amount lost buy these clients is well over the £100,000 mark. So we can only guess the amounts for around 2 years of trading with hundreds of clients, the figure must be mounting now into several million pounds!

Just recently it has been announce that a Norwegian TV company is about to start filming a new TV series called Crimeshare. It will be centered around the late Norwegian businessman Bjorn Lyng and his Anfi dream in Gran Canaria. The series will also highlight many others in this murky world including the late John “Goldfinger” Palmer and his Tenerife empire. It is proposed to be aired early next year, we certainly look forward to seeing that. Follow the links below for further information, open with google and use translate.

http://www.canariajournalen.no/Nyheter/Historien-om-Anfi-del-Mar-og-Bjoern-Lyng-blir-krimserie-Crimeshare

http://www.abc.es/espana/canarias/abci-lanzan-serie-nordica-sobre-mafia-turismo-canarias-201805011258_noticia.html

Canarian Legal Alliance has also hit the press, Guiade Prensa or Press Guide has published a short article titled “Leaders in Europe in lawsuits of ‘timeshare’”

This can leave no doubt that despite the attempts of others to discredit this law firm, they are legitimate and are doing what they say. Inside Timeshare has published many articles showing their cases, from the lower courts right through to the Supreme Court, even showing the court documents which are easily verified.

http://www.guiadeprensa.com/app/webroot/razon/tribuna_derecho2018/cla.html

At the end of April it was announced that Marriott Vacations have bought out ILG Inc, for a whopping $4.7 billion. What this will mean for ILG members has yet to be seen, but no doubt our readers from across the Great Lake will keep us informed.

https://www.reuters.com/article/us-ilg-m-a-marriott-vaca/marriott-vacations-buys-ilg-in-47-billion-timeshare-merger-idUSKBN1I10ZX

https://wtop.com/business-finance/2018/04/marriott-timeshare-business-plans-4-7-timeshare-acquisition/

Now we move on with this weeks article from Irene.

Association of Vacation Owners

Mission Statement

We vow to relentlessly advocate for improvements – from protection and preservation to expansion and enrichment – to the vacation ownership experience. Our commitment to these efforts will continuously strengthen and support the relationships between the vacation-owner community and the industry at large, ensuring the viability of vacation ownership for generations to come.

By Irene Parker

May 11, 2018

Inside Timeshare considered the National Timeshare Owners Association a friend and an ally working toward a better relationship between the timeshare developer and the member. At Inside Timeshare it seems we are frequently at odds, except in steering members away from the nets of timeshare listing, transfer and resale predators. No one should pay upfront money to get out of a timeshare, or list a timeshare, without carefully vetting the person offering to help. Contact Inside Timeshare or AVO before paying anyone to get you out of your timeshare.    

National Timeshare Owners Association is now assimilated into the Association of Vacation Owners AVO.

Excerpts from Perspective Magazine, explaining the metamorphosis:  

National Timeshare Owners Association has a new name: The Association of Vacation Owners (AVO). “We are very pleased to expand our alliances to include credible organizations that share our vision to improve education, engagement and support for timeshare and vacation owners” said Gregory Crist, CEO.

The membership based organization is now seeking industry partners who will commit to the AVO Service Pledge and will vow to relentlessly advocate for improvements in communication, protection, and preservation of vacation ownership.

“AVO is also attracting thousands of vacation owners by continuing its twenty-year history of dedication and focus on providing owners with the tools and information they need to strengthen their ownership experience”, continued Crist.

In March 2018, we transitioned from NTOA to the Association of Vacation Owners (AVO). In that transition we find a stronger mission and one that comes with greater collaboration and partnerships in the VO community including working closer with TAG, ,Timeshare Advocacy Group™. TAG is independent and focused on some very disturbing issues. This is important work and we thank all of you for volunteering such time and energy to TAG and to the community.

AVO is a social purpose organization dedicated to educating vacation owners and advocating on behalf of its owner/members. AVO participates in major industry conferences, is involved in the leadership of the Canadian Vacation Ownership Association (CVOA) and is a consumer member of various industry trade associations including: ARDA, AMDETUR, ASUDESTICO, and C.A.R.E. To learn more, visit our website at AVOworldwide.com or email: [email protected] | Toll Free: (833) 2ASK-AVO

http://perspectivemagazine.com/0703201810424/ntoa-to-become-the-association-of-vacation-owners-avo

I asked Greg what specific areas should TAG and AVO focus on to make the timeshare world a better place?   

“AVO is committed to finding solutions to tough industry challenges like the secondary market. The secondary market, or lack of, is the Elephant in the timeshare room. It is at the top of the list when addressing member concerns so heads our list of top five priorities.”

  1. Resale
  2. Rental and Exchange
  3. Trade and Transfer
  4. Divestment
  5. Redevelopment

Inside Timeshare will be devoting upcoming articles to each of these topics separately, topics meaningful to both owners/members and the developer, albeit from different perspectives. Change is good and members are mobilizing to affect reform. Like any social cause, it doesn’t come easy and it requires meaningful discussion from both sides of the vacation fence. We should all want the same outcome – a Great Vacation!

Members are helping members. If you need free help about a timeshare concern, contact a member of one of these self-help sites Inside Timeshare is convinced is not industry influenced. One member’s recent comment, “I can’t believe I can actually talk to someone!?”

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Thank you Irene and also Greg, Inside Timeshare wishes you all the best in your work to improve the lot of timeshare owners, we also look forward to reporting on your successes.

Don’t forget if you are contacted by any company regarding resale or claims and you are not sure who or what they are, contact Inside Timeshare and we will point you in the right direction.

Inside Timeshare also thanks those readers who send in the information to share with others, by working together and sharing information it will help others to keep their hard earned cash in their own pockets and not in the pockets of the rogues.

Friday’s Letter from America

Welcome to this week’s Letter from America, in this article by Irene Parker with a contribution from Mike Finn of Finn Law Group, we look at the Timeshare Tax Trap.

The Orlando Sentinel has also published an article about Diamond and Orange Lake Resorts sueing Mike Finn, they accuse him of using  “false and misleading” claims in his ads. The article also mentions that Mike is cited by many publications as a successful cancellation attorney who along with other groups monitor timeshare companies, they go on to name the National Timeshare Owners Association and also Inside Timeshare. Mike is a regular contributor and offers valuable insights into the law for Inside Timeshare For the full article click on the link below.

http://www.orlandosentinel.com/business/brinkmann-on-business/os-bz-orange-lake-timeshare-finn-20180404-story.html

But first a new warning from Europe, one of our long standing regulars has been contacted by a new “law Firm”, yes you guessed it, another new name in the Litigious Abogados family from Tenerife.

legalidades-abogados-logo

The new name is Legalidades Abogados, using the same address we have seen before:

4, Calle de S. Francisco, Santa Cruz, 38002, Tenerife

Freephone: 0800 862 0995

Tenerife Tel: 0034 822 250 502

email: [email protected]

email: [email protected]

Once again the address is genuine and shows 2 lawyers plaques on the wall, neither are this one. The email addresses are also not linked to the website, but are ones you can register for free at consultant.com.

According to their website http://legalidades-abogados.com/ they were founded by  Alberto Kalimro Galvera, on Monday 19th July 1990. Again this date in 1990 was actually a Thursday, so once again not very much attention to detail there. They also still insist they have over 15 years presence on the internet, not bad since the website was only registered on 15 March 2018 with the registrant hidden by a privacy company.

After the initial call they send an email which is signed by Angelica Imolintos Lesterno from Departmento Legal. Also attached is a letter of 3 pages with many official looking logos, it is signed by another new name Pablo Ibernas Cavosa.

Here are the new lawyers names and photos, once again probably downloaded from the internet, without the knowledge of the actual persons.

alberto-kalimro-galvera  luciano-emanca-domeras  pedro-arenolde-verandel  gabriel-lindeno-miraldo-203x300  pablo-Ibernas-cavosa-legalidades-abogados-300x201

From left to right: Alberto Kalimro GalverLuciano Emanca DomerasPedro Arenolde VerandelPablo Ibernas Cavosa.

 

In this long winded letter, they go on to say that it is a “no win no fee” arrangement, but as we know from past experience the next stage will be a fee is required for the Procurador. After this there will be a fee to pay “tax” to release the money from the court.

Once again we remind you to be very wary on companies that make these wonderful claims, especially with a “no win no fee” arrangement. Do your homework, you know it makes sense.

Now for this week’s Letter from America.

The Timeshare Tax Trap – A 1099 Loan Forgiveness Tax Liability

$170,000 Diamond Timeshare Points Purchased for no Reason

Timeshare Attorney Mike Finn, a former C.P.A., weighs in

Tax Time

By Irene Parker

April 6, 2018

Two Inside Timeshare readers contacted us alarmed, because they received an IRS 1099 form, informing them of a timeshare tax liability. For one family, this meant possibly an additional $170,000 in income. This would have been bad enough, but the already Platinum Diamond Resort member said they purchased the points to participate in a program that did not exist.

Timeshare members have learned there is little to no timeshare enforcement of timeshare regulations in some states, so by relying on the oral representation clause, timeshare sales agents are allowed to say anything to sell vacation points. The Nevada Real Estate Division has routinely replied to timeshare buyers, “You have no proof,” according to member reports. Today’s family is one of eleven families complaining about the same sales Las Vegas sales agent.

A reminder no one should pay upfront money without checking with us or one of the advocacy self-help Facebooks and websites listed below. Lack of a secondary market for timeshare points gives rise to a flourishing community of scam artists.

This former Diamond member says DRI sales agent Rick Casper, working out of Polo Towers in Las Vegas, told him to buy more Diamond vacation points to eliminate maintenance fees. He and his wife wanted to talk to someone at DRI because they were struggling to pay maintenance fees on the 50,000 DRI points they already owned. This member is a 100% disabled Vietnam veteran, having been exposed to Agent Orange. The former member did not contact us to complain about Diamond Resorts. He wanted to know if there was anything that could be done about the 1099. I did ask why he purchased additional timeshare points from Rick Casper, given Inside Timeshare has received 11 identical complaints about the same Las Vegas sales agent over an 18 month period.    

In 2016 we went to Las Vegas and stayed at Diamond’s Cancun resort and met with Rick Casper. Mr. Casper said if we upgraded, we would be able to cover maintenance fees. However, maintenance fees increased after the upgrade to $16,000 a year. After five hours, my blood sugar was at 400. I was recovering from congestive heart failure. Rick Casper said it would cost us $198,000, $2500 a month in payments for the next 10 years but after ten years we would have no maintenance fees and no loan payment. Rick Casper said, “Then the little people will be paying for your vacation.” He said it would take a year to a year and a half to set up but he would personally handle it. He said since we were only paying $3, he had a guy that could sell points for much more than that and the proceeds would pay for the maintenance fees. I ended up paying a company in Branson MO $1500 to get out of this; but now the IRS has issued us a 1099 which has to be claimed as income. It’s for around $170,000. I’m now 71 years old. I would have been better off foreclosing.

Inside Timeshare has heard from 114 Diamond Resorts members since January 1. By publishing these accounts we hope to inform new timeshare buyers, and existing members upgrading, that the timeshare contract is perpetual, maintenance fees increase, and in most cases there is little or no secondary market.

Buyer Beware Active Duty military and law enforcements are especially affected by a bad timeshare purchase. We are assisting seven in fear of losing their Security Clearance. The ages and branch of military service of the 11 Rick Casper customers, who report being financially devastated as a result of their Polo Tower purchase, include:

  1. Age 69, Army, retired, 21 years
  2. Age 70, 100% disabled, Army, Agent Orange
  3. Age 68, Coast Guard veteran
  4. A stage 4 cancer patient, age 40s
  5. Age 60
  6. Age 69, Gulf War veteran, on 25 meds
  7. Age 61
  8. Age 66
  9. Age 56
  10. Mary Pfeifer, age 72, new complaint not unresolved
  11. Denise Hodgkins, age 56, new complaint, unresolved

I asked my CPA about the 1099. She said they would have referred the tax filer to a tax attorney, so the problem is not that simple. As usual, we went to timeshare attorney Mike Finn of the Finn Law Group. Mike provided an article about this important topic on his Learning Center.

https://www.finnlawgroup.com/learning-center/tax-time-contract-cancellation-timeshare-developer

An excerpt from Mike’s article:

Loan forgiveness

The 1099 form is referencing a large amount which may very well be taxable income! Unlike a mortgage balance forgiven, which would have been spread out over the life of the loan, this possibly taxable sum has been reported to the IRS in one lump sum! Say the amount reported is about $25,000. Say further that your tax bracket is 20%. Your new added tax bill is $5,000, and it’s due April 15th!

So, does this tax form receipt mean that the recipient is stuck with the tax bill for the so-called income? Well, possibly.

Consult with a tax professional before you assume that your receipt of a 1099 form from a timeshare developer automatically means you’re staring down significant tax liability. Understand we are not providing tax advice, merely a possible position that we believe is quite tenable and worth exploring with your own tax advisor. Although it’s accurate for me to state that I was a Certified Public Accountant, it is much more important to note that my C.P.A. licensure has long ago lapsed (because I didn’t choose to keep up with the annual professional education courses necessary to retain my certification). Please take your tax preparation advice solely from your own qualified tax return preparer.

Every tax filer is unique, with differing facts and circumstances. I am not offering, nor should you interpret my comments, as tax advice.

Historically, over the past half dozen years or so, hundreds and hundreds of Finn Law Group clients have received IRS 1099 forms, both 1099A’s and 1099C’s.  The receipt of these forms creates confusion.

I point you to IRS form #982. This is the form that the IRS advises should be filed along with the income tax return itself as a form of supporting schedule, which provides notification to the IRS that the amount presented to them via a 1099 is being acknowledged, but further, that the amount listed should be excluded from the taxpayer’s gross income. The myriad of possible reasons provided on the 982 Form are in and of themselves confusing and difficult to understand. I’m therefore providing my readers what I suggest may be appropriate reasoning in concluding that, in many cases, there should be no “income tax penalty” imposed after successfully negotiating a release of contract with your timeshare resort.

Allow me to provide my argument as to why some forms of debt forgiveness may well be construed as taxable income, and then differentiate the negotiated act of cancelling a timeshare contract and why this transaction therefore logically should be treated differently.

Since “income” generally means a measure of accretion of wealth or value added to your worth, then the cancellation of a debt, when that debt was incurred when you received something of value, should be counted as income because the elimination of the debt liability plus the retention of the item acquired when the debt was incurred increases your net worth. Under this definition of added wealth, the taxing of same would be quite logical.

Applying this argument to the cancellation of a timeshare contractual obligation and its related underlying indebtedness, it’s immediately evident that the cancelled owner has retained absolutely nothing of value. They’ve surrendered their interest in exchange for a debt and/or contract cancellation, but after the transaction they have absolutely no accretion of net worth.

Indeed, they’ve lost anything previously paid on an ‘asset’ they no longer own, so any argument that they’ve achieved and retained income or anything of value because of the contract cancellation is simply not accurate.

In terms of taxpayer reporting requirements, the issue becomes murkier when you apply it to timeshare transactions. Whether or not the industry will ever acknowledge that the resale value of a timeshare interest is minimal at best, what we can establish is that it would be extremely unusual for anyone other than the resort developer to acquire the timeshare interest at foreclosure, and therefore the liquidated basis of the interest will nearly always be zero, or at best a nominal value at foreclosure. Also making the timeshare transaction more complex in terms of following the instructions of either IRS form 982 and/or publication 4681 relating to this issue is determining whether the underlying debt should be viewed as “recourse” or “non-recourse,” given the propensity of the developers to utilize non-recourse based non-judicial foreclosures to recover the interest the greatest majority of the time.

I’ve attempted to avoid becoming overly technical in terms of specifically advising of taxpayer reporting other than to suggest very generally that the filing of the IRS form 982 will most probably be required. Lastly, I do strongly recommend utilizing a professional tax return preparer, as these forms are not at all intuitive.

I earnestly wish that I could offer something less complex to help provide absolute answers to this prominent issue, but I do feel that this is important because the financial ramifications are potentially high.

Respectfully provided,

Michael D. Finn, Esq.

Michael-D-Finn2

Thank you, Mike, for the timeshare accounting lesson. One question I had is,

What is the difference between a 1099 A and a 1099 C?

http://www.koontzassociates.com/pages/know-the-difference-between-a-1099-a-and-1099-c/

Contact Inside Timeshare or one of these self-help groups if you have a timeshare nightmare. We know there are many that use and enjoy their timeshare, some having not faced a need to sell it, or were lucky to purchase from a sales agent that sold the product as the product is intended.

https://www.facebook.com/timeshareadvocategroup/

https://www.facebook.com/groups/DiamondResortsOwnersAdvocacy/

https://tug2.com/Home.aspx

https://www.facebook.com/groups/180578055325962/

https://www.facebook.com/groups/465692163568779/

https://www.facebook.com/groups/1639958046252175/

Deceptive

Elder Abuse:

https://www.fbi.gov/news/stories/elder-fraud-charges-announced

All of the schemes have one goal: to trick and deceive senior citizens into turning over their hard-earned savings. Last year, the FBI opened more than 200 financial crime cases that involved elderly victims, Bowdich said. The investigations covered a range of crimes, from investment frauds to reverse mortgage scams.

Thank you Irene for this weeks article and also a very big thank you to Mike Finn for his contribution.

Inside Timeshare welcomes your comments on this or any article published, also if you need any information about your ownership or any company that has contacted you or you are thinking of doing business with, contact Inside Timeshare and we will point you in the right direction.

Friday is upon us the weekend beckons, we hope you have a great and relaxing one. See you next week.

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