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CHARGED
OFF (CANCELED) DEBTS AND THE IRS | 1099C
If your debt has been written
off by a creditor then you may receive a 1099-c form from
the source. You must claims this amount as income on your taxes
because you never paid it back- thus making it income. However if
you "settle" this debt as "paid in full" with
the creditor make sure you ask that they agree to the settled in
full arrangement and not send the remainder as a loss to the IRS.
If the creditor willingly accepts "less than" as "full
payment" then make sure they agree not to report remainder.
The creditor can refuse but usually does not. See exceptions below
for more information on excluded debts.
Generally, if a debt you owe is canceled
or forgiven, other than as a gift or bequest, you must include
the canceled amount in your income. You have no income from the
canceled debt if it is intended as a gift to you. A debt includes
any indebtedness for which you are liable or which attaches to property
you hold. If the debt is a nonbusiness debt, report the canceled
amount on line 21 of Form 1040. If it is a business debt, report
the amount on Schedule C or Schedule C-EZ (Form 1040) (or on Schedule
F, Profit or Loss From Farming (Form 1040), if you are a farmer).
Form 1099-C. If a federal government agency,
financial institution, or credit union cancels or forgives a debt
you owe of $600 or more, you will receive a Form 1099-C,
Cancellation of Debt. The amount of the canceled debt is
shown in box 2.
Interest included in canceled debt
If any interest is forgiven and included in the amount of canceled
debt in box 2, the amount of interest will also be shown in box
3. Whether or not you must include the interest portion of the canceled
debt in your income depends on whether the interest would be deductible
if you paid it. See Deductible debt, under Exceptions, later. If
the interest would not be deductible (such as interest on a personal
loan), include in your income the amount from box 2 of Form 1099-C.
If the interest would be deductible (such as on a business loan),
include in your income the net amount of the canceled debt (the
amount shown in box 2 less the interest amount shown in box 3).
Discounted mortgage loan
If your financial institution offers a discount for the early payment
of your mortgage loan, the amount of the discount is canceled debt.
You must include the canceled amount in your income.
Stockholder debt
If you are a stockholder in a corporation and the corporation cancels
or forgives your debt to it, the canceled debt is dividend income
to you.
If you are a stockholder in a corporation and
you cancel a debt owed to you by the corporation, you generally
do not realize income. This is because the canceled debt is considered
as a contribution to the capital of the corporation equal to the
amount of debt principal that you canceled.
Exceptions
There are several exceptions to the inclusion of canceled debt in
income. These are explained next.
Nonrecourse debt
If you are not personally liable for the debt (nonrecourse debt),
different rules apply. You may have a gain or loss if a nonrecourse
debt is canceled or forgiven in conjunction with the foreclosure
or repossession of property to which the debt attaches. See Publication
544 for more information.
Student loans
Certain student loans contain a provision that all or part
of the debt incurred to attend the qualified educational institution
will be canceled if you work for a certain period of time
in certain professions for any of a broad class of employers. You
do not have income if your student loan is canceled after you agreed
to this provision and then performed the services required. To qualify,
the loan must have been made by:
The federal government, a state or local government,
or an instrumentality, agency, or subdivision thereof,
A tax-exempt public benefit corporation that has assumed control
of a state, county, or municipal hospital, and whose employees are
considered public employees under state law, or
An educational institution:
Under an agreement with an entity described in (1) or (2) that provided
the funds to the institution to make the loan, or
As part of a program of the institution designed to encourage students
to serve in occupations or areas with unmet needs and under which
the services provided are for or under the direction of a governmental
unit or a tax-exempt section 501(c)(3) organization.
Section 501(c)(3) organizations are defined in Publication 525.
A loan to refinance a qualified student loan will
also qualify if it was made by an educational institution or a tax-exempt
501(a) organization under its program designed as described in (3)(b)
above.
Deductible debt. You do not have income from the
cancellation of a debt if your payment of the debt would be deductible.
This exception applies only if you use the cash method of accounting.
For more information, see chapter 5 of Publication 334, Tax Guide
for Small Business.
Price reduced after purchase. Generally, if the
seller reduces the amount of debt you owe for property you purchased,
you do not have income from the reduction. The reduction of the
debt is treated as a purchase price adjustment and reduces your
basis in the property.
Excluded debt. Do not include a canceled debt
in your gross income in the following situations.
The debt is canceled in a bankruptcy case
under title 11 of the U.S. Code. See Publication 908, Bankruptcy
Tax Guide.
The debt is canceled when you are insolvent. However, you cannot
exclude any amount of canceled debt that is more than the amount
by which you are insolvent. See Publication 908.
The debt is qualified farm debt and is canceled by a qualified person.
See chapter 4 of Publication 225, Farmer's Tax Guide.
The debt is qualified real property business debt. See chapter 5
of Publication 334.
Read the full text of the IRS statute: http://www.fourmilab.ch/ustax/www/t26-A-1-B-III-108.html
Related to Forgiven or canceled debts
What
to do if a creditor sends you a 1099C Form | Download
the 1099C form from the IRS (PDF)
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