Law Offices of Michael J. Primus

Personal & Business Bankruptcy Attorney serving San Francisco Bay Area Since 1993

  • Home
  • Offices
    • Walnut Creek Office
    • Hercules Office
    • Antioch Office
  • Bankruptcy Basics
  • Resources
    • AVVO Legal Guides
    • Common Questions Video Series
    • Real People, Real Questions, Real Answers
    • Free Credit Report
  • Blog
    • Bankruptcy
    • Credit
    • Marriage & Divorce
    • Student loans
    • Taxes
  • Contact
  • Top Rated

Receive a 1099 for a forgiven debt? Fight back!

January 14, 2021 by Michael Primus

Tax form business financial concept: macro view of individual return tax form and blue metal ballpoint pen

This time of year I routinely get inquiries about forgiven debts and the dreaded form 1099.  As a general proposition, the tax laws create an obligation to pay tax whenever the taxpayer’s finances improve.  For example, a paycheck improves my financial position and creates an obligation to pay tax on that income.  With a paycheck the taxes are taken out directly and remitted by my employer.  With that in mind, if I owed $30,000 but was able to resolve the debt by paying $5,000 I would have improved my financial position and might assume I would owe tax on the $25,000.  Whether I owe the tax depends on my circumstances.  A couple examples of forgiven debt provide context before I delve into the rule and its exceptions.  Debts can be forgiven in several ways, the most common being settlements and bankruptcy.  In a settlement the lender agrees to accept a sum of money to resolve a debt.  Generally the amount will be in the range of thirty to sixty cents on the dollar of the balance owed.  That means a $5,000 debt might be settled for $1,500 to $3,000.  Upon payment the borrower will have no further obligation to the lender.  Settlements are common when the original debt was for a credit card or personal loan.  Bankruptcy can allow a person to pay little or nothing and have no further obligation to the lender.  The bankruptcy system refers to forgiven debts as having been discharged.  Regardless of the terminology, the point is the money is no longer owed.  That may seem like the end of the story but later the borrower may get a 1099.  Form 1099 reflects cancellation of debt by the lender, it does not create a taxable event.  In fact, very few people should pay the tax.  Unfortunately many people prepare their own tax returns and mistakenly pay the tax.  The IRS cheerfully accepts the money!  The rule making cancelled debt taxable has two major exclusions discussed below.

  1. The debt was forgiven in bankruptcy.  This requires filing bankruptcy and obtaining a discharge from the bankruptcy court.
  2. You were insolvent when the debt was forgiven. This does not require a bankruptcy. It means your debts exceeded the value of your assets at the time the debt was forgiven. The IRS rarely challenges a claim of insolvency.

Either of these exclusions will render the forgiven money non-taxable, you do not need both.  All you need to do is attach IRS form 982 to your tax return to clarify why the income reflected in the 1099 is nontaxable.  The exceptions are also discussed in IRS form 982 and IRS publication 4681 which can be found on the IRS website at www.irs.gov.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

Filed Under: Bankruptcy, Blog, Taxes

From the Blog

If my wages get garnished, how much can they take?

May 29, 2023

Will I lose my job if I file for bankruptcy?

April 23, 2023

What is the lookback period in bankruptcy? 90 days? One year? More?

April 5, 2023

The Continuing Problem of Identity Theft

March 25, 2023

New Guidelines Make Discharging Federal Student Loans Easier In Bankruptcy

March 23, 2023

Blog Categories

  • Bankruptcy (41)
  • Blog (87)
  • Common Questions (7)
  • Credit (17)
  • Featured (6)
  • Marriage & Divorce (7)
  • Student loans (4)
  • Taxes (3)
Lawyer Michael Primus | Top Attorney Chapter 7

Bankruptcy, Not The End But A New Beginning.
We are a debt relief agency.
We help people file for bankruptcy.
We provide Flexible Payment Options.

Get Started with a Free 30-Min Consultation

Office Locations

Walnut Creek
2950 Buskirk Avenue
Suite 300
Walnut Creek, CA 94597

925-934-0500

Get Directions

Google Reviews

Yelp Reviews

Antioch
511 West 3rd Street

Antioch, CA 94509

925-706-9200

Get Directions

Google Reviews

Yelp Reviews

Hercules
500 Alfred Nobel Drive
Suite 135
Hercules, CA 94547

510-741-1800

Get Directions

Google Reviews

Yelp Reviews

  • Privacy Policy
  • Sitemap

Copyright © 1992–2025 · Handcrafted by Iron Leaf Media

Determining if bankruptcy is right for you requires specific guidance from an attorney because each situation is different.
The information here is general in nature and is not a substitute for an in office consultation with a lawyer.