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Are Canceled Liabilities Taxable?

are canceled liabilities taxable?

Dealing with debt can be a stressful and overwhelming experience, but imagine finally having a weight lifted off your shoulders when a creditor cancels or forgives a portion of your outstanding debt. While the relief might be immense, it’s essential to understand that canceled debt can have significant tax implications. Many individuals are unaware that in certain circumstances, forgiven debts can be considered taxable income by the IRS. In this article, we will review the concept of canceled debt and its potential tax implications. 

Understanding Canceled Debt 

Canceled debt, also known as forgiven debt, occurs when a creditor decides to release a borrower from the obligation to repay a portion or the entirety of a debt. This situation typically arises when borrowers face financial hardships, negotiate debt settlements, or undergo bankruptcy proceedings. The canceled debt can encompass various types, including credit card debt, mortgages, personal loans, or business debts.  

The Tax Consequences of Canceled Debt 

The IRS generally considers canceled debt as taxable income, which can come as a surprise to many borrowers. From the IRS’s perspective, the forgiven debt is akin to receiving cash or other income, thus making it subject to taxation. This means that although you no longer have to repay the debt, you might have to pay taxes on the amount forgiven in the year it was canceled. 

Exceptions to Taxable Canceled Debt 

Fortunately, the IRS provides certain exceptions that can exclude canceled debt from being taxable income in specific situations. Some of these include: 

  • Bankruptcy: Canceled debt discharged through a bankruptcy proceeding is generally not taxable. This exclusion applies to both Chapter 7 and Chapter 13 bankruptcies. 
  • Insolvency: If you were insolvent immediately before the debt cancellation, meaning your liabilities exceed your assets, the canceled debt may not be taxable. You must file IRS Form 982 to claim this exclusion. 
  • Qualified Principal Residence Indebtedness: The Mortgage Forgiveness Debt Relief Act of 2007 allows taxpayers to exclude up to $2 million ($1 million for other filing statues) of forgiven mortgage debt on their primary residence for years 2007 through 2020. This act also applies to discharged debt in 2021 as long as there was a written agreement in place in 2020. In addition, The Consolidated Appropriations Act (CAA) of 2020 excludes qualified canceled mortgage debt, up to $750,000 for married couples and $350,000 for other filers, from taxable income for tax years 2021 through 2025. 
  • Some Student Loan Forgiveness: Some student loans are canceled after working in a certain profession for a specified number of years. Some student loan forgiveness in the years 2021 through 2025 are not considered taxable income.  

Tax Reporting and Documentation 

For canceled debt that qualifies as taxable income, the creditor is required to report the forgiven amount on Form 1099-C, Cancellation of Debt. Form 1099-C reports all eligible canceled debt of $600 or more per occurrence. Taxpayers should note that if they had debt under $600 that was canceled, it still needs to be reported as income, even if they don’t receive a 1099-C. The debtor should receive this form from the creditor and must include the forgiven debt as part of their annual income when filing taxes, as long as it’s not an excluded debt. However, if your debt does fall under one of the IRS’s exclusions, you should still file your return with Form 1099-C to acknowledge it. In addition, if you receive Form 1099-C after filing your tax return, you should file an amended return and include the Form 1099-C. Not doing so may raise some red flags with the IRS that can result in a tax audit. Finally, if there is an error on your Form 1099-C, you should contact the creditor immediately to request a corrected version.  

Remember, you should always consult the help of a knowledgeable tax professional if you are unsure about your tax situation. 

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