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Level 6
March 30, 2023
Question

Cancellation of debt paid off

  • March 30, 2023
  • 4 replies
  • 33 views

Hi,

My client had 50K in credit card debt. She paid off 25K and the remaining 25K was transferred to New Credit America, which appears to offer personal and debt consolidation loans. In 2022, she paid off the remaining 25K loan balance but received 25K in 1099C's. She was not insolvent.

I would assume that the cancelled debt is not taxable since she paid off the loan. Any ideas on how to report this on the 1040?

Thanks!

 

 

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4 replies

BobKamman
Level 15
March 30, 2023

Did New Credit America negotiate a settlement with the banks for less than the $50K owed?  Then did the $25K she paid to NCA include interest and fees?  Come back and tell us when you have the rest of the story.  

Avs19Author
Level 6
March 30, 2023

Some of the documents she provided shows that she paid 25K to the credit card companies and another 25K to the consolidated lender. I'll have to look into the interest and fees. 

Skylane
Intuit Community Champion
March 30, 2023

<< I would assume that the cancelled debt is not taxable>>

...is something of a scary statement....   because the government will 'assume' that it is taxable. 

 

Debt consolidation companys negotiate debt forgiveness.... so plan on the income being taxable.

If at first you don’t succeed…..find a workaround
Avs19Author
Level 6
March 30, 2023

I'll do some more digging but in the end, it doesn't look like anything was actually forgiven.

 

qbteachmt
Level 15
March 30, 2023

"but received 25K in 1099C's"

I don't see where you stated who issued these forms, and you implied more than one was issued.

Don't yell at us; we're volunteers
BobKamman
Level 15
March 30, 2023

You really don't have to get past "the remaining 25K was transferred."  Banks don't transfer debts.  Sometimes they sell them to third parties, but I doubt that's what happened here.  NCA negotiates settlements.  The banks accepted $25K. They probably would have done that without NCA's involvement, but it's not our job to tell her what she should have done.  With money management skills like that, she wouldn't listen anyway.  

Level 8
March 31, 2023

When a 1099c is issued it doesn't automatically cancel the actual debt. The issuer determines whether the debt is cancelled or whether it is still owed. The 1099c indicates that the issuer, for reason, has determined that the debt was uncollectable at the time the 1099c was issued. If the issuer receives payment for the debt, after that time, then it is income to the issuer.

BobKamman
Level 15
March 31, 2023

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