Under which condition does an individual not have ordinary income from cancellation of debt if not personally liable?

An individual does not have ordinary income from the cancellation of debt when they return the collateral to the lender and a loan modification is agreed upon. This situation generally signifies that the lender has agreed to alter the terms of the loan, which may include reducing the amount owed or potentially forgiving part of the debt due to the changed circumstances. Instead of the debt being cancelled outright, the modification allows both parties to come to a mutually beneficial arrangement, preventing the individual from realizing a taxable event that would typically arise from debt cancellation.

In contrast, retaining collateral or any arrangement where the debt remains in place typically does not trigger this exception. This highlights the importance of understanding how returning collateral and reaching a revised agreement can affect tax implications related to debt cancellation, particularly in preventing the recognition of ordinary income from such transactions.