If you can demonstrate to the IRS that you were insolvent at the time the debt was cancelled, you can similarly avoid taxes on that debt. Certain other types of debt, including qualified farm indebtedness and qualified real property business indebtedness, can also avoid taxation in the event of cancellation.
In general, if your debt is canceled, forgiven, or discharged for less than the amount owed, the amount of the canceled debt is taxable. If taxable, you must report the canceled debt on your tax return for the year in which the cancellation occurred.
Debt Settlement Tax Consequences
The IRS considers any debt cancelation of $600 or more as additional income — and taxable — even if you didn't actually receive any money.
If you follow the rules of programs like Public Service Loan Forgiveness, Teacher Loan Forgiveness, and similar federal loan programs, any loan forgiveness you receive should not be taxable.
The IRS considers forgiven debt to be taxable income because it is an economic benefit. This means that if your lender agrees to forgive a portion of your loan, the amount forgiven will be treated as income, and you must pay taxes on it.
As of 2023, Indiana, North Carolina, and Mississippi have stated that the balance of forgiven student loans will be taxed as income. Taxpayers in Arkansas, California, and Wisconsin could face the same fate — the states are currently reviewing their tax laws and have yet to make a determination (as of June 2023).
Under current law, the amount forgiven generally represents taxable income for income tax purposes in the year it is written off. There are, however, a few exceptions.
Credit mix: Those who qualify for loan forgiveness may see a score drop by a few points if the loan was the only installment loan because a credit mix, which shows multiple forms of credit, accounts for 10% of a FICO Score. Age of credit: The length of a borrower's credit history makes up 15% of a credit score.
For example, a gain resulting from a debt forgiveness can be treated as ordinary income of the debtor where the debt forgiven is inextricably linked to the ordinary business of the debtor.
Debt forgiveness is when one of your lenders forgives or erases some or all of your debt. This debt could be from a credit card, a student loan, or an installment loan. Sometimes you can get a full debt forgiven, but more often, you'll get partial forgiveness.
Debt relief may be worth considering for those who struggle to manage their debt payments. "Debt relief is often worth it if a borrower has more debt than they can afford to pay back within a reasonable time frame," says Leslie Tayne, a debt relief attorney in New York.
Debt settlement is a risky way to reduce your debts. It will help you avoid bankruptcy, but depending on the settlement amount, you may be stuck paying extra taxes. Many debt settlement companies charge high fees and take years to negotiate your debts fully.
Credit card debt will not prevent you from receiving your tax refund, but it can affect how much of a refund you receive if you had a debt settlement. If you think you may owe taxes due to a debt settlement, start planning now so that you can save for what you will owe.
If you don't report the taxable amount of the canceled debt, the IRS may send you a notice proposing to assess additional tax and may audit your tax return. In addition, the IRS may assess additional tax, penalties and interest.
The issuance of the 1099C does not even mean that the creditor cannot still collect the debt. There are ways to avoid having to pay tax upon the amount of debt written off or forgiven, though.
The Fresh Start Program was designed to help taxpayers stuck in debt to reduce the amount they owe, so they can get back on track with their tax payments and begin to plan for their financial future.
Debt forgiveness would typically provide the creditor with a revenue loss (or in some cases, a capital loss). Meanwhile in the absence of debt forgiveness rules, the debtor may not have been assessed on any gain, and could continue to claim deductions for revenue and capital losses, as well as other deductible costs.
Read our advertising disclosure to learn more. Editor's note: On August 24, 2022, the Biden Administration announced that eligible borrowers would receive $10,000 in federal student loan debt forgiveness with income limits of $125,000 for individuals or $250,000 for households/families to qualify for forgiveness.
If you qualify for forgiveness of the full amount of your loan(s), you won't have to make any more loan payments.
Warning: There could be tax consequences for debt forgiveness. If a portion of your debt is forgiven by the creditor, it could be counted as taxable income on your federal income taxes. You may want to consult a tax advisor or tax attorney to learn how forgiven debt affects your federal income tax.
It Takes a Long Time. Even if you qualify for federal loan forgiveness, it can take a long time for your loans to be eliminated. Depending on the program, you could be in debt and making payments for up to 25 years before your loans are forgiven.
Although cancelling student debt would alleviate the financial burdens facing many millions of Americans, it would also cost the federal government significantly in forgone loan and interest payments.
But what happens when you go through this process? Chances are, if you receive any type of loan forgiveness, you'll receive a Form 1099-C, letting you know how much you received in forgiveness — and how it might impact your taxable income.
The IRS debt forgiveness program is a way for taxpayers who owe money to the IRS to repay their debts in a more manageable way. The program offers tools and assistance to help taxpayers find the best way to repay their debts, and it also provides a way for taxpayers to get relief from penalties and interest charges.
The personal loan payments you make are not tax deductible. The money you receive isn't income, and repaying the principal balance won't affect your taxes one way or the other. You won't even need to include the loan or file any extra forms with your tax return.