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It appears that I have two charge of credit cards, with large balances, that appear to be still included in my credit utilization calculation. I had two other BOA Charge off's that I received a 1099-C, cancellation of debt, that do dont appear to be included in my Credit Utilization. These will all be 5 years old in October, and in my state they are past the SOL. My question is, why haven't I received 1099-C for the two Charge Off CC's (Discover & Citibank)? These two cards are keeping my utilization at 88%?
There are different reasons you may not get one. If they are still actively collecting they don't have to send one. If they stop, by IRS laws, they are supposed to.
They could be waiting for the SOL to expire which is one reason a 1099-C can be sent.
Write and ask them if they have forgiven the debt and have they notified the IRS. As far as I know, whether you receive one or not you are still obligated to the IRS.
I have not received anything from either Discover or Citicards in a few years, and the SOL is3 years, I am approaching 5 years. I really do not want to open something up with them, however, they both are continuing to report every month to the CRA's.
If they report every month that is actively collecting IMO.
Eventhough they are still reporting, it should have less and less impact as it ages correct?
Yes. They will impact your score for 7 years though,
A charge-off is not the cancellation of the debt. It is simply their reporting to your file of the fact that they have made the determination, for accounting and tax benefits to them, that the consumer is unlikely to pay the debt. In accounting lingo, they have stated that they consider the debt to have become "uncollectible," whcih simply permits them to shift the debt out of their account receivable assets over to bad debt, thus reducing their tax liability.
The taking of a charge-off does not excuse a penny of the debt. They can continue efforts to collect the full debt, assign collection to a debt collector, or sell the debt.
The new owner can then attempt to collect the full amount.
When a creditor sends the IRS and the consumer a 1099c, that is their statement that they have legally cancelled the debt. It is gone.
No one can thereafter attempt to collect.
The IRS considers cancelled debt as pseudo "income" to the consumer, and thus requires the consumer to pay tax on the cancelled debt if it is at least $600.
Tax liabiliby for any cancelled debt can be excused by the IRS if the consumer shows them that they were insolvent at the time of the cancelled debt, meaning their liabilites exceeded their assets. The IRS will require an accounting of assets and liabilities if the consumer asserts insolvency.