Does cancellation of debt affect your tax return?
In general, if your debt is canceled, forgiven, or discharged for less than the amount owed, the amount of the canceled debt is taxable. If taxable, you must report the canceled debt on your tax return for the year in which the cancellation occurred.
There are no direct taxes on a debt settlement, but if you save $600 or more, you will have to report the savings as income. To continue with the above example, the $2,000 you saved on that credit card debt is taxable income.
While you don't have to file the 1099-C, you should use it to prepare and file your income tax return. In some cases, your forgiven debt is taxable – and in some it's not. When it is taxable nonbusiness debt, you'll use the copy of the 1099-C to use to report it on Schedule 1 of Form 1040 as other income.
Generally, data from a Form 1099-C, Cancelled debt (box 2) is reported on Form 1040, line 21 for 2017 and prior. But for 2018, 2019 and 2020, it is reported on 1040 Schedule 1 Line 8, for 2021 on 1040 Schedule 1 line 8z, using Wkt 7.
Depending on the rest of your financial status, when you have a settled debt for less than the full amount owed, you may owe taxes on the money that was forgiven. The IRS considers any debt cancelation of $600 or more as additional income — and taxable — even if you didn't actually receive any money.
Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return unless one of the exceptions or exclusions described later applies.
If you don't report the taxable amount of the canceled debt, the IRS may send you a notice proposing to assess additional tax and may audit your tax return. In addition, the IRS may assess additional tax, penalties and interest.
Is a 1099-C Form Good or Bad for Your Credit? The 1099-C form shouldn't have any impact on your credit. However, the activity that led to the 1099-C probably does impact your credit.
However, in 2016, an IRS rule allowed debt collectors to file a 1099-C after 36 months of no payment. In this event, the account is still delinquent, but the debt hasn't been forgiven, so the lender may still try to collect.
You cannot remove a discharged debt from your credit report unless the information listed is incorrect. Even though you repaid the debt, partially or in full, or the lender stopped its collection attempts, the entry will remain on your report for seven years.
What to do if you receive a 1099 C after filing taxes?
Filing an amended tax return
Regardless of whether or not the 1099-C will increase your taxable income, you should be aware that the IRS receives a copy of this form as well, so you should fill out an amended tax return to reflect the changes.
When a creditor cancels, forgives, or discharges a debt, they erase some or all of the amount from your outstanding balance. The amount forgiven is typically includable in your gross income and subject to income taxes unless a tax law specifically exclude it from taxable income.
For example, the National Debt Relief allows you to cancel the program at any time if they're unable to settle the debt or you aren't satisfied with their services. You won't be charged any penalties or cancellation fees, and you'll have your money back.
Generally, if you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.
Form 1099-C is used to report canceled or forgiven debt to the IRS. A creditor must file one form with the IRS, one form with the debtor, and retain one form for its records for any amount of debt that is $600 or more. If a taxpayer gets the form, they must report the amount on their tax return.
Key takeaways. Undergoing the debt settlement process can help you avoid future financial headaches but is not the best choice for every person. There are many drawbacks to debt settlement including high fees, potential for legal issues and a negative impact on your credit report.
You will receive a 1099-C Cancellation of Debt form if a lender forgives more than $600 of taxable debt on your behalf. You must include the amount of canceled debt on your federal tax return as a part of your taxable income. There are instances that warrant the exclusion of forgiven debt from your return.
But that doesn't mean the IRS didn't receive its copy. All the IRS has to do to catch your unreported 1099 income is realize that they have records from a client saying they paid you a certain amount. If that income doesn't show up on your tax return, the IRS can spot the difference. And it's really good at that.
You must also amend your tax return if you forgot to report a taxable 1099 income. You need to file an amended return before the filing due date to resolve a potential tax liability and avoid penalties. However, make sure that the IRS processed your original return before filing the amendment.
It's unwise to ever ignore a canceled debt, or receipt of a 1099-C, especially since the IRS expects to have that specific income included within your return – unless there is an exclusion or exception. You should also track canceled debt, even if you didn't receive a 1099-C.
What are the disadvantages of debt cancellation?
Using debt settlement options to reduce debt comes with several risks, including late payments on your credit report, potential charge-offs, settlement company fees, tax implications on forgiven balances, possible scams and the overall risk of settlement offers not working.
There's no specific statute of limitations for canceled debt, but IRS rules require creditors to file a 1099-C the year following the calendar year in which a qualifying event occurs.
Cancellation of debt is the forgiveness of debt obligations by a creditor. Debt relief can be achieved through direct negotiations, debt relief programs, or bankruptcy. Canceled debt is generally considered taxable income that must be reported, but there are many exceptions.
After seven years, a charge-off will disappear from your credit report automatically. If waiting seven years is not an option for you, try to speak to the company that placed the charge-off on your account and negotiate a repayment plan.
If there is an incorrect charge-off on your credit report, you'll need to contact the credit bureau directly—and you'll need to do so in writing. You can send them a “dispute” letter that outlines who you are, what information you would like to have removed, and why the information in question is incorrect.
