What Is Canceled Debt and Is It Taxable By The IRS?
Cancellation of debt (COD) is when a creditor frees a debtor from their debt obligation. It is also sometimes referred to as a debt cancellation. Debtors can directly negotiate debt forgiveness with creditors. They can also apply for bankruptcy or a debt relief program to have their debts forgiven.
A creditor’s forgiveness of debts is regarded as taxable income. The IRS and the debtor will receive a 1099-C document from the creditor detailing the canceled debt. The canceled debt isn’t taxable; however, you will have to report the canceled debt on the tax return for the year it was canceled. Upon audit, sometimes the IRS finds back or delinquent taxes which need to be cleared before the penalty is imposed.
At this time the client can apply for the IRS debt forgiveness program. There is an increased probability of debt forgiveness for some loans made through government programs. These loans may include mortgage loans and federal student loans that qualify for debt forgiveness through government-sponsored relief programs. Additionally, many creditors offer credit relief services that can be used in specific challenging circumstances like a job loss or catastrophic sickness for a modest additional fee.
Any canceled debt that qualifies for one of the following exceptions or exclusions won’t be subject to taxation.
Debt that has been paid off and is exempt from generating gross income.
- Amounts that are expressly exempt from income under the law, such as gifts or bequests.
- Cancellation of some eligible student loan debt.
- Canceled debt that would otherwise be deductible by a cash basic taxpayer.
- A legitimate discount from the asking price made by the seller.
Debt that has been canceled and is exempt from gross income.
- Cancellation of debt for an eligible primary residence.
- In a Title 11 bankruptcy case, debt was freed.
- Cancellation of debt because of insolvency.
- Absence of qualifying farm debt cancellation.
- Elimination of qualified real estate business debt.
57% of American families in 2021 paid no federal income taxes. Because of their financial circumstances, the IRS ruled that those families did not need to pay taxes. If you are in any of the situations mentioned, you can contact a tax attorney and file for the IRS tax forgives program.