Monday, December 25, 2006

Negotiated Credit Card Debt & Tax Implications

Negotiated Credit Card Debt & Tax Implications

The Internal Revenue Code considers the monetary amount of canceled debts to be taxable income, subject to certain exceptions and exclusions. The negotiated reduction of credit card debt is a type of canceled debt. The Internal Revenue Service (IRS) requires the creditor that reduces your credit card debt to report it on Form 1099-C.

Canceled Debts

    Forgiven or canceled debt is considered to be taxable income. For example, if a debtor negotiates to pay off a $5,000 credit card balance for $3,000, the $2,000 difference is considered to be taxable income. Certain exceptions and exclusions are discussed below.

Tax Consequences

    All canceled debt is to be added to the debtor's gross income on the appropriate year's tax return. The IRS requires that all canceled debts in the amount of $600 or higher be reported by the creditor on Form 1099-C. The amount of canceled debt reported usually includes any unpaid balance, including principal, interest and fees. In addition to the taxes due on that amount, the debtor's tax bracket could be pushed up, resulting in a higher tax rate.

Exemptions and Exclusions

    Any part of the canceled debt consisting of what would have been tax-deductible interest is not counted as taxable income. Credit card debt canceled due to bankruptcy is not counted as income. Debtors who demonstrate financial insolvency immediately before the canceling of a debt to exclude that amount from taxable income.

Other Provisions

    The debtor has a right to ask for a corrected Form 1099-C if it is incorrect. The debtor must include canceled debt on his tax return whether or not he receives Form 1099-C. The debt is not considered canceled for tax purposes if the creditor charges it off. Debt amounts actively in collection, including from an entity that buys bad debt, are not considered canceled.

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