Beware of the IRS If Your Creditor Writes Off or Settles a Debt Boulder CO

The IRS may count a debt written off or settled by your creditor as taxable income to you.

Local Companies

Bank of the West
(303) 457-2265
12000 N. Washington Street
Thornton, CO
FirsTier Bank
(303) 625-2317
2921 W. 120th Avenue, Suite 100
Westminster, CO
North Valley Bank
(303) 452-5500
8410 Umatilla Street
Federal Heights, CO
TCF Bank
(720) 670-0007
9660 Washington Street
Thornton, CO
Wells Fargo Bank - Standley Lake
(303) 438-4020
10001 Wadsworth Pkwy.
Westminster, CO
Bank Of The West
(303) 451-0434
10393 North Huron St.
Northglenn, CO
First National Bank
(720) 566-3306
8531 Church Ranch Blvd.
Westminster, CO
Mile High Banks, N.A.
(303) 457-8585
1499 W. 120th Avenue, Ste. 110
Westminster, CO
Public Service Credit Union
(303) 639-2740
511 E. 120th Ave.
Thornton, CO
Wells Fargo Bank - Northglenn
(303) 252-3383
10701 Melody Dr.
Northglenn, CO

provided by: 

If you settle a debt with a creditor for less than the full amount, or a creditor writes off a debt you owe, you may owe money to the IRS. The IRS treats the forgiven debt as income, on which you may owe income taxes.

Why the IRS Can Assess Taxes on Forgiven Debts

Here's how it works. Creditors often write off debts after a set period of time -- for example, one, two, or three years after you default. The creditor stops its collection efforts, declares the debt uncollectible, and reports it to the IRS as lost income, to reduce its tax burden. The same is true when you negotiate a debt reduction. The creditor will report the amount you didn't pay as lost income to the IRS.

Of course, the IRS still wants to collect tax on this money, and it will turn to you for payment. Because you no longer have to pay the full amount of the debt, the IRS treats the forgiven amount as gained income, for which you should pay income taxes.

Foreclosures and property repossessions. This rule applies even to debts you owe after a house foreclosure or property repossession. In this situation, the law can seem especially cruel: Not only have you lost your property, but you'll also have to pay income tax on the difference between what you originally owed the lender and what it was able to sell your property for.

Congress is considering legislation to help out those who have lost their homes to foreclosure. One version would relieve these former homeowners of the obligation to pay tax on forgiven mortgage debt. Unless and until such a measure passes, however, this "phantom income" will be subject to income tax.

IRS Reporting

Even if you don't get a Form 1099-C from a creditor, the creditor may very well have submitted one to the IRS. If you haven't listed the income on your tax return and the creditor has provided the information to the IRS, you could get a tax bill or, worse, an

Exceptions to Reporting Income

There are several reporting exceptions stated in the Internal Revenue Code. For example, if the financial institution issues a Form 1099-C, you do not have to report the income on your tax return if:

  • the cancellation or write off of the debt is intended as a gift (this would be unusual)
  • you discharge the debt in Chapter 11
  • you were insolvent before the creditor agreed to settle or write off the debt.

Insolvency means that your debts exceed the value of your assets. To figure out whether or not you were insolvent, you will have to total up your assets and your debts, including the debt that was settled or written off.

Example 1: Your assets are worth $35,000 and your debts total $45,000, so you are insolvent to the tune of $10,000. You settle a debt with a creditor who agrees to forgive $8,500. You do not have to report any of that money as income on your tax return.

Example 2: Your assets are worth $35,000 and your debts still total $45,000, but the creditor writes off a $14,000 debt. You don't have to report $10,000 of the income, but you will have to report $4,000 on your tax return.

If you conclude that your debts exceed the value of your assets, include IRS Form 982 with your tax return. You can download the form off the IRS's website at www.irs.gov.

If you are suffering from debt troubles, get help from Solve Your Money Troubles: Get Debt Collectors Off Your Back & Regain Financial Freedom(Nolo).


Copyright 2008 Nolo

Related Articles
- Debt Management Services Boulder CO
When debt burden has increased a lot, you must ensure that it gets reduced soon or you may be in a financial mess. In other words you must go for debt management in order to contain your debts from rising further. But can you manage debts on your own? Perhaps not, because managing debts requires expertise as debts are in fact much more complicated than what you think.
- Debt Relief Boulder CO
- Settling Debts with Collection Agencies Boulder CO
- How to Avoid the 5 Most Common Reasons for Credit Denial Boulder CO
- How to File Bankruptcy in the United States Boulder CO
- Financial Planning Boulder CO
- How to Choose a Debt Management Program Boulder CO
- How to Survive a Divorce and Not Ruin Your Credit Boulder CO
- How to Cut Credit Card Debt Boulder CO
- How to Eliminate Debt Boulder CO
Related Articles
- Debt Management Services Boulder CO
When debt burden has increased a lot, you must ensure that it gets reduced soon or you may be in a financial mess. In other words you must go for debt management in order to contain your debts from rising further. But can you manage debts on your own? Perhaps not, because managing debts requires expertise as debts are in fact much more complicated than what you think.
- Debt Relief Boulder CO
- Settling Debts with Collection Agencies Boulder CO
- How to Avoid the 5 Most Common Reasons for Credit Denial Boulder CO
- How to File Bankruptcy in the United States Boulder CO
- Financial Planning Boulder CO
- How to Choose a Debt Management Program Boulder CO
- How to Survive a Divorce and Not Ruin Your Credit Boulder CO
- How to Cut Credit Card Debt Boulder CO
- How to Eliminate Debt Boulder CO

Topics: 
Advertising Financial Services Insurance Real Estate
Business Services Health Internet Software
Education Home Services Legal Telecommunications
Family