1099-c for deceased spouse

[arrow639]

My spouse passed away in 2021. There was no estate. I filed jointly for 2021.  I received 1099-c in her SSN dated for April 2022. I am currently filing as surviving spouse with dependent child . With that filing status do I need to include the 1099-c's on my return? Everything I have read states that I don't need to.  Just making sure

[PattiF]

From @ToddL99:

Do not report this 1099-C on your return. It was your deceased wife's debt, not yours, and there is no requirement for your to report it on your return.

Your wife's final return was filed in 2021 (joint, with you. There is no way to report this 1099-C on a 2022 tax return.

Since there is no open estate, there are no estate assets and no estate return requirements. 

[tagteam · Accepted solution]

Just so this is clear, the cancellation of debt actually converts the debt into income (per the 1099-C).

As a result, a 1099-C received postmortem is income to the estate and, technically, should be reported on an income tax return for the estate (Form 1041). 

In the event, the estate has no assets from which expenses can be paid (e.g., it is insolvent), the estate can exclude the COD income by filing Form 982. 

[Note: in this instance, the expenses would most likely be limited to income tax due]