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Level 1

Can I claim all the debt on a 1099-C cancellation of debt form that I and my ex-wife received?

 
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Level 7

Can I claim all the debt on a 1099-C cancellation of debt form that I and my ex-wife received?

Yes, you can decide between you who will claim the debt on their tax return.  If the social security number (SSN) on the Form 1099-C is yours then there should be no future issue.

If it has the SSN of your ex-spouse, then you may want to nominee that amount to yourself.  Instructions are shown below.

Nominee returns. Generally, if you receive a Form 1099 for amounts that actually belong to another person or entity, you are considered a nominee recipient. You must file a Form 1099 with the IRS (the same type of Form 1099 you received).  You must also furnish a Form 1099 to each of the other owners. File the new Form 1099 with Form 1096 (this is a transmittal for the 1099) by mailing to the Internal Revenue Service Center for your area.

  • On each new Form 1099list your deceased daughter as the payer (name, deceased) and the other owner, as the recipient. On Form 1096, list yourself as the nominee filer, not the original payer.  The nominee is responsible for filing the subsequent Forms 1099 to show the amount allocable to each owner.

The forms filed with the IRS should be the red copy so if you don't have a color printer, go to the IRS website and order the forms here:  Click here to order forms or publications from the IRS or click below to print the forms.

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Level 7

Can I claim all the debt on a 1099-C cancellation of debt form that I and my ex-wife received?

Yes, you can decide between you who will claim the debt on their tax return.  If the social security number (SSN) on the Form 1099-C is yours then there should be no future issue.

If it has the SSN of your ex-spouse, then you may want to nominee that amount to yourself.  Instructions are shown below.

Nominee returns. Generally, if you receive a Form 1099 for amounts that actually belong to another person or entity, you are considered a nominee recipient. You must file a Form 1099 with the IRS (the same type of Form 1099 you received).  You must also furnish a Form 1099 to each of the other owners. File the new Form 1099 with Form 1096 (this is a transmittal for the 1099) by mailing to the Internal Revenue Service Center for your area.

  • On each new Form 1099list your deceased daughter as the payer (name, deceased) and the other owner, as the recipient. On Form 1096, list yourself as the nominee filer, not the original payer.  The nominee is responsible for filing the subsequent Forms 1099 to show the amount allocable to each owner.

The forms filed with the IRS should be the red copy so if you don't have a color printer, go to the IRS website and order the forms here:  Click here to order forms or publications from the IRS or click below to print the forms.