Debt Forgiveness Can Bite Come Tax Time

By Cornelius Nunev


Lenders can forgive debt in certain situations, if a borrower reaches the correct agreement. However, debt forgiveness can become a major frustration come tax time.

Debt forgiveness does not get one off the hook from Uncle Sam

Millions of people breathe sighs of relief annually when granted debt forgiveness. Also called debt relief, debt cancellation, it's where a loans lender of some sort, like a credit card company, mortgage lender or whomever, agrees to forgive a debt if the borrower agrees to pay off a portion, generally on a condensed payment schedule.

Then they get the not so great news which is, according to the Wall Street Journal, that debt forgiveness is taxable income. The way it works is that since the portion that's forgiven is technically a bonus toward one's personal petty cash, that's income.

Consumers have to report the cash on their tax forms with the form 1099 C, which forgiving lenders must give out.

Looking at mortgage forgiveness

Occasionally, a home loan that is pardoned is exempt from taxes, but much of the time, it is not. In fact, debt forgiveness could be really annoying on the subject of forgiveness of a home loan. A 1099 C has to be used any time the lender agrees to lower principle or agrees to a short sale.

In 2007, the government passed a law exempting certain foreclosed-on homeowners from a portion of this debt. The law, the Home loan Forgiveness Debt Relief Act, also extends, according to CBS, to people who participated or are participating in the Home Affordable Refinancing Program or HAMP, who received a principle deduction or other refinancing that would otherwise be matter to the tax.

However, according to the Wall Street Journal, it only applies to mortgage loans to "buy, build or improve" a primary residence. Second-home home loans are not eligible, so in your yuppie faces.

Last year termination

Homeowners who are dealing with debt forgiveness for mortgages may have an easier time if claiming the amount over three years instead of all at once, which is one of the options. When you have not claimed it yet, you need to do so now, so you can get the tax exemption. It will only be available until 2014 now that the fiscal cliff negotiations have been finalized, according to CBS. It was going to expire last year, but now it is continued.

Over 1 million 1099 C forms were filed in 2003 with the IRS. In 2013, that is anticipated to be 6.5 million. There is more debt cancelation taking place now more than ever, according to Creditcards.com.



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