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How to Manage the Taxes on Debt Settlement
by
JG Wentworth
•
August 26, 2024
•
8 min
Debt settlement can provide relief for those struggling with overwhelming debt, but it’s crucial to understand the potential tax consequences. While it may seem counterintuitive, forgiven debt is often considered taxable income by the IRS.
This article will explore the tax implications of debt settlement, legal ways to manage these obligations, and important considerations for anyone considering or undergoing debt settlement.
The basics of debt settlement and taxes
When a debt is settled for less than the full amount owed, the difference between the original debt and the settled amount is typically considered “cancellation of debt” (COD) income. The IRS generally treats this as taxable income, subject to ordinary income tax rates.
- Example: If you owe $10,000 and settle the debt for $6,000, the $4,000 difference may be reported to the IRS as income on Form 1099-C (Cancellation of Debt).
Key aspects of debt settlement taxation
- Reporting requirements: Creditors must issue Form 1099-C for canceled debts of $600 or more and you must report this income on your tax return.
- Timing of taxation: COD income is typically taxable in the year the debt is forgiven, not when it was originally incurred.
- Types of debt: This applies to various types of debt, including credit card debt, personal loans, and some mortgage debt.
Exceptions and exclusions
While forgiven debt is generally taxable, there are several exceptions and exclusions:
- Bankruptcy: Debts discharged through bankruptcy are not taxable.
- Insolvency: Insolvency means your total debts exceeded the fair market value of your total assets. If you were insolvent immediately before the debt was forgiven, you may be able to exclude some or all of the COD income.
- Certain student loans: Forgiven student loans for individuals who worked for a certain period in specific professions may be excluded.
- Some farm debts: Forgiven farm debts may be excluded under certain circumstances.
- Non-recourse loans: Forgiveness of non-recourse loans (where the lender’s only recourse is to repossess the financed property) may not be taxable in some cases.
- Gifts: If a private party forgives your debt as a gift, it’s not taxable (but may be subject to gift tax for the giver).
- Purchase price reduction: If a seller reduces the amount you owe on a purchase, it’s generally not considered COD income.
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Important considerations
Keep these in mind if you are considering settling with your creditors.
- Understand state tax implications: Be aware that state tax laws may differ from federal laws regarding COD income.
- Impact on credit score: Debt settlement can negatively impact your credit score, at least temporarily, which may affect future financial opportunities.
- Potential for scams: Be cautious of companies promising to eliminate tax liability on settled debts.
- Future financial planning: Consider how debt settlement and potential tax liability may affect your long-term financial goals.
- Statute of limitations: Be aware of the statute of limitations on both the original debt and any resulting tax liability.
Steps to take when facing debt settlement taxation
Since there’s a good chance you will have to pay some taxes on your debt settlement, here are some tips to help manage the process:
- Gather all relevant documents: Collect all 1099-C forms, debt settlement agreements, and financial records.
- Calculate your insolvency: Determine the fair market value of your assets and total liabilities immediately before the debt forgiveness.
- Complete appropriate tax forms: Use Form 982 to report exclusions of COD income. Report any taxable COD income on Form 1040.
- Seek professional assistance: Consider working with a tax professional to ensure accurate reporting and maximize legal exclusions.
- File your tax return on time: Even if you can’t pay the full amount, file your return by the deadline to avoid additional penalties.
- Communicate with the IRS: If you can’t pay your tax liability, contact the IRS to discuss payment options
The bottom line
While it’s not possible to completely avoid paying taxes on debt settlement in all cases, understanding the rules, exceptions, and strategies can help you manage the tax implications more effectively. Remember, attempting to evade taxes on forgiven debt can lead to severe penalties and legal consequences.
Always aim for compliance with tax laws while exploring legal ways to minimize your tax burden. The key is to be proactive, seek professional advice, and carefully consider all options before proceeding with debt settlement.
There’s always JG Wentworth…
At the end of the day, paying taxes on your debt settlement could be the logical, and cost-effective, choice to reclaim your financial independence. If you have $10,000 or more in unsecured debt, there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* Some of our program perks include:
- One monthly program payment
- We negotiate on your behalf
- Average debt resolution in as little as 48-60 months
- 24/7 support
- We only get paid when we settle your debt
If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side?
SOURCES CITED
Serio, A., “Debt collection laws in every state.” Finder.com. August 4th, 2020.
About the author
This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions
* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required.
Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment.
JG Wentworth does not pay or assume any debts or provide legal, financial, tax advice, or credit repair services. You should consult with independent professionals for such advice or services. Please consult with a bankruptcy attorney for information on bankruptcy.
