Is Canceled Debt Taxable? - SmartAsset (2024)

Is Canceled Debt Taxable? - SmartAsset (1)

No matter how hard you try to keep your debt under control, sometimes it piles up. Depending on your situation, you may be able to cancel some of your debt. That would probably lift a huge weight off your shoulders. But even if your creditor lets you ditch some of your debt, there might be a catch. In some cases, canceled debt can increase your tax bill.

A financial advisor can help you answer questions about debt cancelation and optimize your financial plan to manage debt.

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How Is Canceled Debt Taxable?

If your creditor cancels some of your debt, the IRS may count it as income. Why? Let’s look at an example.

Let’s say you have $3,500 in credit card debt but can only afford to pay back $3,000. If your creditor cancels the rest of your debt, you won’t have to pay back the $500 you owe. So when you think about it, you’re essentially $500 richer. That’s why canceled debt is often considered an income gain.

Paying more in taxes because you can’t pay off your debt may seem unfair. But without some consequences for delinquent borrowers, it would be too easy to borrow money and not pay it back.

What Kind of Canceled Debt IsTaxable?

Is Canceled Debt Taxable? - SmartAsset (2)

In most cases, canceled debt is taxable. Your debt may be canceled if your creditor stops trying to collect the money you owe. If it’sdischarged through a bankruptcy, it may be considered taxable income.

A modification of your mortgage loan may be considered a taxable cancellation of debt as well. If you face foreclosure or your property is repossessed or abandoned, the IRS may consider the cancellation of your mortgage debt to be the equivalent of a home sale. If that happens, you may end up with a taxable capital gain or loss.

Forgiven debt can be taxable, too. Even if you were paying your student loans through an income-driven repayment plan, your forgiven debt may be subject to taxation. One exception to that rule is student debt forgiven through the Public Service Loan Forgiveness Program or a similar initiative.

Cancellation of Debt Income Exceptions

Luckily, there are other exceptions to the IRS guidelines regarding canceled, forgiven and discharged debt. If you’re buying a property and the seller offers a purchase price reduction, the amount you don’t have to payisn’t considered cancellation of debt income (and therefore doesn’t need to be included on your tax return). The same rule applies if you’re relieved of your obligation to pay back gifts and inheritances or your accountant agrees to cancel debt that would have otherwise been a deductible expense.

If your principal mortgage balance is lowered because the government makes payments on your behalf, those incentive payments aren’t considered cancellation of debt income. This may happen if you’re part of theHome Affordable Modification Program.

Cancellation of Debt Income Exclusions

Cancellation of debt income isn’t subject to taxation if it’s excluded from your gross income. Any debt that’s discharged in a Title 11 bankruptcy isn’t included in your gross income. That exclusion applies to debt canceled during insolvency, too. Insolvency occurs when your debt is forgiven because you have more liabilities than assets.

You may also qualify for anexclusion following the cancellation of your farm debt or real property business debt. If you qualify for mortgage debt relief, your forgiven debt can be excluded from taxable income as well. Just keep in mind that you may need to file Form 982 along with your tax return.

How Do I Report Canceled Debt to the IRS?

Is Canceled Debt Taxable? - SmartAsset (3)

After your creditor cancels your debt, you may have to report it to the IRS. You would include it with your tax return following the year the cancellation occurred. When at least $600 in debt is canceled, your collector will send you IRS Form 1099-C. The form will state the amount of debt that the collector canceled. That is the amount you must report to the IRS on your tax return. If you think the information is incorrect, be sure to contact your creditor.

When you receive Form 1099-C, it’s best not to ignore it. Your debt collector will send a copy of the form to the IRS as well. So they’ll expect your tax return to include the canceled debt amount. Failure to report the canceled debt could result in a tax bill or an audit.

Even if you don’t receive Form 1099-C, you’ll still need to report your canceled debt to the IRS. If you’ve received a 1099-C form and your creditor is still trying to collect your unpaid debt, it may not have been canceled.

Bottom Line

Debt cancellation may sound great. But your tax liability often increases when your debt’s canceled. If you’re unsure whether your canceled debt qualifies for an exception or exclusion from taxation, it’s best to see a tax professional. That way, you can avoid mistakes that may result in a tax penalty.

Tax Planning Tips

  • If you need tax planning help, don’t hesitate to enlist the help of a financial advisor or another type of financial professional.Finding afinancialadvisordoesn’thaveto behard. SmartAsset’s free tool matches you with up to three vettedfinancialadvisorswho serve your area, and you can interview youradvisormatches at no cost to decide which one is right for you. If you’re ready to find anadvisorwho can help you achieve yourfinancialgoals, get started now.
  • It you’re expecting atax refund, having a plan can increase the chances that you’ll put it to good use. Here are five smart ways to invest your tax refund in 2023.

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Is Canceled Debt Taxable? - SmartAsset (2024)

FAQs

Is Canceled Debt Taxable? - SmartAsset? ›

In most cases, canceled debt is taxable. Your debt may be canceled if your creditor stops trying to collect the money you owe. If it's discharged through a bankruptcy, it may be considered taxable income.

Is a cancellation of debt taxable? ›

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.

What happens if I don't report 1099C? ›

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. 3.

How much taxes are on a 1099C? ›

Your income, including amounts listed on your 1099-Cs, gets taxed at the normal progressive rate, which ranges from 10% to 37%. How much tax you will owe depends on your tax bracket, filing status, credits, and deductions.

Does the IRS really forgive tax debt? ›

If you are legitimately unable to pay anything toward your tax debt due to current financial hardship, you can request a currently not collectible (CNC) status. CNC status provides only temporary relief, though — it does not permanently eliminate your tax debt.

Does a 1099-C affect your credit? ›

Receiving a 1099-C does impact your credit report and score and also has Federal income tax consequences. Have you ever received a Schedule 1099-C because you have had some of your debt forgiven?

Is cancellation of debt taxable after death? ›

The credit card companies report the forgiveness of deceased debt to the IRS by using a 1099-C – Cancellation of Debt form. Even if the credit card company fails to issue a 1099-C form, the cancellation of debt income is still reportable on the estate fiduciary income tax return.

Will a 1099-C lower my tax return? ›

If you receive a 1099-C, you may have to report the amount shown as taxable income on your income tax return. Because it's considered income, the canceled debt has tax consequences and may lower any tax refund you are due.

How much tax do I pay on forgiven debt? ›

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.

How to remove cancelled debt from credit report? ›

You must file a dispute in writing with each of the three bureaus separately and include supporting documents. The credit bureau will investigate, and the negative item must either be confirmed or corrected. Note that an item may be updated but not entirely removed from your credit report.

What is the IRS 6 year rule? ›

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

Can the IRS audit you after 7 years? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.

Can the IRS pursue you after 10 years? ›

Each tax assessment has a Collection Statute Expiration Date (CSED). Internal Revenue Code (IRC) 6502 provides that the length of the period for collection after assessment of a tax liability is 10 years. The collection statute expiration ends the government's right to pursue collection of a liability.

Do I have to pay taxes on loan forgiveness? ›

According to the IRS, student loan amounts forgiven under PSLF are not considered income for tax purposes. Learn more about the PSLF process. You won't be taxed by the federal government, but your state may tax you. Any debt forgiven as a result of PSLF won't create a federal tax liability for you.

Is debt forgiveness assessable income? ›

For example, a gain resulting from a debt forgiveness can be treated as ordinary income of the debtor where the debt forgiven is inextricably linked to the ordinary business of the debtor.

Do I have to pay taxes on debt settlement? ›

Settled debt is taxed as ordinary income. The amount you'll pay is based on your tax bracket and marginal tax rate. Say you earn $75,000 a year as a single taxpayer. Your top marginal tax rate is 22%, so any additional income from a settled debt will be taxed at 22%.

Is a forgivable loan taxable? ›

⚠️ Tax Implications: Court cases over the last two decades have often found that the principal of a forgivable loan is taxable at the time the loan amount is provided to the employee.

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