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What to do if your 1099-C debt has not been canceled?

Writer John Peck

Taxpayers who receive a 1099-C form for a debt that has not been canceled as far as they know should contact the creditor for clarification. If the debt has not, in fact, been canceled, the creditor should rescind the 1099-C.

What happens when you receive a Form 1099-C?

The Internal Revenue Service does not say that your debt balance is zero after a Form 1099-C is issued, or even that the bank cannot try to collect after the notice is sent. I received a Form 1099-C Cancellation of Debt in 2016 for credit card debt that I was unable to pay.

Can a car loan be canceled with a 1099-C?

If the car is worth $15,000, the bank can sell it and recover that much of the loan—leaving $5,000 of debt to be canceled. You file for bankruptcy with $60,000 in unsecured debts, which are all discharged. That debt is also considered canceled. Not all debts that are canceled require a 1099-C.

What kind of debt is excluded on a 1099-C?

First, find out whether the type of debt cancellation on the 1099-C form is excluded from taxable income. The IRS provides a list of exclusions, which include debts that were forgiven because you were insolvent or involved in certain types of bankruptcies.


What to do if you receive a 1099-C with incorrect information?

If you received a Form 1099-C showing incorrect information, contact the creditor to make corrections. For example, if the creditor is continuing to try to collect the debt after sending you a Form 1099-C, the creditor may not have canceled the debt and, as a result, you may not have income from a canceled debt.

When do I need to use a 1099-C form?

What Is a 1099-C Form? Form 1099-C is a tax form required by the IRS in certain situations where your debts have been forgiven or canceled. The IRS requires a 1099-C form for certain acts of debt forgiveness because it considers that forgiven debt as a form of income.

What happens if you rescind a 1099-C form?

Rescinding the 1099-C will alert the IRS that it was issued in error. If the creditor will not rescind the form or confirm the debt is forgiven, you will need to use the IRS dispute process outlined in publication 4681 to show that no taxes are owed.

How can I claim insolvency on a 1099-C?

If the provision is renewed, insolvency is complicated because you have to determine it from the date the debt was canceled. In this situation, your 1099-C mentions the date, and you need to go back to that date and fill out an insolvency worksheet .

When do debt collectors have to file a 1099-C?

Creditors and debt collectors that agree to accept at least $600 less than the original balance are required by law to file 1099-C forms with the IRS and to send debtors notices as well, something that they must do by Jan. 31.