I lost my job due to my disability, I couldn’t pay any of my bills and they were eventually discharged. During tax year 2023, a 1099C cancellation of debt was issued from a bank. I have never seen one of these things. Is that actually considered income…..and taxable?
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Yes, cancelation of debt is considered income and must be reported on your tax return.
Whether it is taxable or not depends on whether you qualify for an "insolvency exclusion" -- if you were "insolvent" on the date that the debt was canceled, you can exclude the amount of canceled debt up to the amount that you were insolvent.
An example, to make all of those words clearer:
On June 15, you had assets worth $150,000 (a house, a car, a checking account, personal belongings, etc.).
On that same date, you had debts of $160,000 (your mortgage, your car loan, a student loan, a credit card debt, etc.)
Because you owed more than you owned, you were insolvent by $10,000. ($150k-$160k)
If you had owed $15,000 on that credit card and they wrote it off on June 15, then you could exclude $10,000 of the canceled debt income and would have to pay taxes only on $5,000 that exceeded your insolvency amount.
If, instead, you had only owed $3,000 on that credit card, then you could exclude the entire amount because what was written off was less than the amount you were insolvent by.
There is lots more detail in this article: Guide to Debt Cancellation and Your Taxes
Be sure to pay attention to how to report this -- generally you'll report the entire amount canceled as Other Income and then report an exclusion of however much applies. Don't just leave it off your return, though, or the IRS will send a letter telling you that you forgot to report income.
Is that something I should get to help with….like a CPA or a tax lawyer?
This isn't something that would require a tax lawyer. Whether you prefer to work with a local tax preparer or a CPA is up to you. If you are used to using TurboTax to prepare your taxes, you can use the desktop version of our software to handle this.
TurboTax's Desktop software includes the forms and worksheets necessary to exclude any of this income because you meet the insolvency criteria. (For 2023, at least, these forms are not supported in TurboTax Online. That may change for 2024's tax forms.)
If you don't meet the criteria to claim the insolvency exclusion, then you can use any version of our software to simply report the income from the 1099-C.
You should gather up the information about your account balances and assets for the day that the 1099-C was issued for. Just make a list of the things you owned (and how much they were worth) and the debts you owed (to whom and for how much) on that date. Keep it with the 1099-C for that you have the information when it comes time to do your tax return.
This article has more information about actually filing these forms: Is canceled, forgiven, or discharged debt taxable?
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