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IRS 1099 question?

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fdrfan54
Frequent Contributor

IRS 1099 question?

If I'm posting this in the wrong fourm, I appogize.

 

What happens if someone was unable to file or report a 1099 for cancellation of  a student loan?

 

In my friend's case they wasn't aware student loan discharge was taxable since they did not get a 1099 in mail.

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Message 1 of 6
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fdrfan54
Frequent Contributor

Re: IRS 1099 question?

I like to add my friend is disabled and draws social secutry disabllty. Also  three years has passed since my friend's discharge of debt and has not heard anything from the IRS.

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pipeguy
Senior Contributor

Re: IRS 1099 question?

I going to very careful in my answer due to possible legal issues: A 1099C is issued by a lender when a loan is deemed uncollectible and written off. Although case law has varied and usually favored the lender, my understanding today is that once a 1099C is issued further collection efforts are canceled as is the obligation of the debt. As far as federal/state tax obligation(s), the amount listed on a 1099C is considered for tax purposes as ordinary income with a big loophole for the taxpayer, that being if you are considered insolvent at the time the1099C is issued the tax obligations are waived (forgiven). 

 

https://www.irs.gov/forms-pubs/about-publication-4681

https://www.communitytax.com/cancellation-debt-questions-answers-1099-c/

 

 

Now as far as the situation you spoke about you can file a revised tax return or you can test your luck and just wait to see if the IRS contacts you with a "tax adjustment with added interest" - which may or may not happen based on personal experience. Should you roll the dice and wait for an IRS notice (and your state will probably follow but not lead) you can at that time file for a waiver due to insolvency if that is the case. 

 

I caution you that I am not an attorney and this information is based on my personal experiences. Whether or not the disability status helps to document low income or not, I can't say unless its SSI (may or may not if its SSDI since SSDI doesn't really limit assets), but one could make the case for insolvency if a disability income is ones' only income or assets.   

  

Message 3 of 6
JVille
Valued Contributor

Re: IRS 1099 question?

If your Friend has a Tax Adviser or a family member has a “Trusted” Tax Adviser/CPA it might be worth running this situation by an expert while the situation is still fresh and documentation is easily available.
Message 4 of 6
RobertEG
Legendary Contributor

Re: IRS 1099 question?

I would definately consult an accountant or attorney for professional advice.

 

In the interim, I would contact the creditor and inquire as to why they felt that there was no need to send a  1099c.

That would be valuable perspective when you present your situation to your accountant/attorney, and is something you can now put into motion.

Message 5 of 6
wa3more
Established Contributor

Re: IRS 1099 question?

Yes looking into Form 982 related to insolvency. If you were insolvent at the date the debt was forgiven, you can exclude the income to the extent you are insolvent ( negative net worth with liabilities exceeding assets)

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