Q. I settled a debt in 2007 for less than owed, paying $15,000 on a $22,000 debt. I just today received a $7000 1099c for tax year 2007 from the creditor in the mail. Does this actually mean that I have to amend my tax return for 2007?
A. A 1099c is a tax form issued as a result of cancellation of debt. The amount of forgiven debt will count as income. According to the IRS regulations, a creditor has up to 3 years after the last ” collection activity” to issue a 1099c. You, of course, are responsible for paying taxes in the year in which that activity occurred. So, if the creditor stopped trying to collect 3 years ago, they can issue you a 1099c for 2005, on which you’ll not only owe taxes, but penalty and interest (16%). If they sell the debt to a junk debt buyer (JDB), then it becomes the JDB’s responsibility.
Some “debt fixers” claim that all you have to do is file for “insolvency” an the IRS will look the other way. The bad news is, you have to be insolvent at the time the 1099c is issued…not when the debt was “forgiven”.
If the amount of this debt was sizable, you might want to think about calling the creditor (the credit card company) and demanding your 1099c so you can get the tax accounting right.
Actually, the above situation is rare (lucky you for being so singled out)! Most of the time if you settle your debt with credit card companies, they will issue a 1099c right away. What is even more rare is a collection agency or JDB issuing a 1099c.
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Thank you so much for your post! You really hit the nail on the head with this one. With the economy the way it is right now with all the layoffs and more to come; government spending and deficit out of control; the continued housing slump; one wonders where to turn for help. It sure is nice to know that there are debt management companies out there that can help folks avoid bankruptcy and still keep their heads above water. Thanks so much for the taking the time to post this information.
I don’t care when they issue a ‘tax bite’ on the ‘cancellation’ of an alleged credit card debt. If the debt is contested and the compay or junkee fails to follow federal law and properly Validate the debt, they should be held accountable for penalties; we should not acquiesce and pay a tax on a contested debt.
I’m sorry I just don’t understand all this buzz about 1099-C. I nor anyone I have known has ever received a 1099-C for CC debt. Never. And I have defaulted on my share of CCs which i tried my best to prevent, believe me!
On 10 Nov. 08 the US Treasury decided that JDBs are non longer required to issue 1099-c based on the triggering event known as a 36- month No Payment Testing Period which would have accounted for the bulk of future 1099-C’s from 2004 onward. That overturned 2004 rule, requiring JDBs to issue a 1099-C after a 36 month period of non activity, itself accounts for the bulk of the unnecesary buzz about the impending acceleration of 1099-C’s
Furthermore, the OC is precluded from cancelling or discharging (forgiving) a debt, thereby requiring a filing of a 1099-C, if they sell it to a Debt Purchaser (JDB). Most of them sell off charged off debts.
So there are fewer and fewer reasons that an OC and a JDB would issue a 1099C. I personally feel settling the account is the real trigger.
If you look at most posts about 1099-Cs on sites like this you will discover there are more people concerned with receiving a 1099C than there are those that actually receive them.
Stop the hype!
Yup, Stevie is correct:
http://www.insidearm.com/daily/debt-buying-topics/debt-buying/regulations-limit-scope-of-36-month-rule-relating-to-1099-c-reporting-aca/