cancel
Showing results for 
Search instead for 
Did you mean: 

12 Year Old Debt and 1099C

tag
fu
New Member
New Member

12 Year Old Debt and 1099C

Thank you in advance for your help.

 

In 2002, my wife opened a credit card account in the state of Georgia. It appears that the last payment was made on that account at the end of 2002, but there was still an outstanding balance. She did not manage it well and in 2014, the company reported a cancellation of debt to the IRS via a 1099c. IRS is now trying to charge us for unreported income for that year. We were unaware of this action until recently.

It is my understanding that under Georgia law, cancellations of debt must be reported within a maximum of 6 years from the last payment. I have written to the credit card company asking them to either justify doing this nearly 12 years later or correct it, but have not received a response after several weeks. The IRS is saying that we owe them money unless we get the credit card company to correct it in writing.

 

I know the easiest way to handle this is by claiming insovlency, but not sure we could in 2014. Had the 1099C been filed closer to the time it should have, we would have been insolvent.

 

So we are at a standstill with no response from the bank. We have been through the ringer in the last decade with multiple family tragedies, business losses, losing our home and jobs....and now this. I know it's not relevant to the post but boy are we tired and feeling punched in th mouth even though it was of her doing long ago.

 

Thanks again for your insights...

 

Message 1 of 4
3 REPLIES 3
medicgrrl
Valued Contributor

Re: 12 Year Old Debt and 1099C

Are you sure you're not mistaking the SOL on cc debt?



EQ 778 EXP 782 TU 729
Message 2 of 4
sarge12
Senior Contributor

Re: 12 Year Old Debt and 1099C

I think they passed a law a while back that after a certain number of years the bad debt is required to report the unpaid amount to the IRS on a 1099c. This is I believe an IRS requirement and they will tax you on the uncollected debt as income. I do not think the creditor CAN legally remove it, and it does not benefit them to issue the 1099c, it benefits the IRS. For some reason it does not have to be reported if discharged in bankruptcy, which makes little sense.

TU fico08=824 06/16/24
EX fico08=815 06/16/24
EQ fico09=809 06/16/24
EX fico09=799 06/16/24
EQ fico bankcard08=838 06/16/24
TU Fico Bankcard 08=847 06/16/24
EQ NG1 fico=802 04/17/21
EQ Resilience index score=58 03/09/21
Unknown score from EX=784 used by Cap1 07/10/20
Message 3 of 4
sarge12
Senior Contributor

Re: 12 Year Old Debt and 1099C


@fu wrote:

Thank you in advance for your help.

 

In 2002, my wife opened a credit card account in the state of Georgia. It appears that the last payment was made on that account at the end of 2002, but there was still an outstanding balance. She did not manage it well and in 2014, the company reported a cancellation of debt to the IRS via a 1099c. IRS is now trying to charge us for unreported income for that year. We were unaware of this action until recently.

It is my understanding that under Georgia law, cancellations of debt must be reported within a maximum of 6 years from the last payment. I have written to the credit card company asking them to either justify doing this nearly 12 years later or correct it, but have not received a response after several weeks. The IRS is saying that we owe them money unless we get the credit card company to correct it in writing.

 

I know the easiest way to handle this is by claiming insovlency, but not sure we could in 2014. Had the 1099C been filed closer to the time it should have, we would have been insolvent.

 

So we are at a standstill with no response from the bank. We have been through the ringer in the last decade with multiple family tragedies, business losses, losing our home and jobs....and now this. I know it's not relevant to the post but boy are we tired and feeling punched in th mouth even though it was of her doing long ago.

 

Thanks again for your insights...

 


http://www.creditcards.com/credit-card-news/1099-c-tax-form-questions-answers-1282.php         I found this for you!

TU fico08=824 06/16/24
EX fico08=815 06/16/24
EQ fico09=809 06/16/24
EX fico09=799 06/16/24
EQ fico bankcard08=838 06/16/24
TU Fico Bankcard 08=847 06/16/24
EQ NG1 fico=802 04/17/21
EQ Resilience index score=58 03/09/21
Unknown score from EX=784 used by Cap1 07/10/20
Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.