BrittanyS
Expert Alumni

Get your taxes done using TurboTax

Yes, you can file your return without claiming the 1099-C, with a statement as to why it was not claimed.  

 

Per the IRS instructions, "You are not required to file Form 1099-C for a guarantor or surety. A guarantor is not a debtor for purposes of filing Form 1099-C even if demand for payment is made to the guarantor."

 

Since you have reached out to the issuer and they stated to ask a tax expert you can refer back to them and state that you were advised a corrected 1099-C should be issued by them.  However, as AmyC stated, if the issuer will not correct the 1099-C, you will need to write a statement explaining you are the guarantor which is why you are not filing the 1099-C on your return.  You will need to mail the return along with the statement to the IRS.  

 

@rodriguezkimberley 

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