Yes, it is a taxable event. I got caught myself one year by not reporting it as income.
On February 15, 2010 I called the State of New Jersey and asked this specific question. I was directed to reference a court case in 2000, Weintraub vs The Director. The State representative summarized the case by saying that cancellation of debt income, whether it be business or personal (such as credit card debt cancellation received on a 1099-C form) is NOT taxable for New Jersey state purposes. It is however, taxable at the federal level.
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The answer is No (with no qualifiers). That's what I answered for a tax test and it was correct. I'm not sure what the above relies on other than not being marked wrong. cancellation of debt is income. If it is cancelled by the estate of a decedent it would be taxable just as if he was alive, or maybe more descriptively, as if he gave the recepient that amount in the will. (As inheritance is generally taxable). Certainly there are many qualifiers as in any tax consideration. Consider how foolish any other result would be: Someone gets a 100K bequest - taxable. His brother gets the same, but collects it earlier as a loan, and now it is in the will to forgive the loan. The next brother got it earlier, with no actual loan note nor forgiveness...hence it was "gift taxable" AND reduced the exclusion for lfetime gifts.
If you received a 1099-C, cancellation of debt, you need to know your options.
Yes. If the bank writes off part of your car loan as a cancelled debt, they will report it to you on Form 1099-C. Cancelled Debt is taxable as income under the Internal Revenue Code and should be reported on your tax return. Cancelled debt is not taxable as income, though, if it is cancelled through a bankruptcy proceeding our you are insolvent on the date that the debt was forgiven.
On February 15, 2010 I called the State of New Jersey and asked this specific question. I was directed to reference a court case in 2000, Weintraub vs The Director. The State representative summarized the case by saying that cancellation of debt income, whether it be business or personal (such as credit card debt cancellation received on a 1099-C form) is NOT taxable for New Jersey state purposes. It is however, taxable at the federal level.
Cancellation of debts depending on individual circumstances can take a very lengthy time. When a debt is cancelled the creditor/collector is required to send a 1099C to the debtor and the IRS. A portion of the debt then becomes taxable income.
One consideration would be that cancellation of a debt becomes income, and is taxable. But a repo isn't a cancellation of debt, it is a payment by selling the asset. However, as you can find in many discussions here, if your repossessed and the sale of the property does not return enough funds to fully satisfy the debt, the deficiency is normally not forgiven. Instead you remain owing that amount and the lender will presumably continue to try and collect it. Hence, the sale as an exchange of value isn't a cancellation of debt, and there likely isn't any even if there is a deficiency. No tax consequence.
Cancellation of Debt Income is taxable to you in the year that the creditor officially cancels the debt. It is possible, though a little strange, that they didn't actually write this debt off until 2006. Statutes of limitation have nothing to do with it.You should explore several exceptions that may apply to the taxability of this. Cancellation of Debt Income is not taxable if it is forgiven in a bankruptcy. It is also not taxable if you were "insolvent" on the date that the debt was forgiven. Insolvency simply means that your liabilities (debts) exceed your assets. If you believe you qualify for the insolvency exception, you should attach a Form 982 to your tax return to claim the exception.
There are separate calculations, but normally, the otherwise taxable cancellation of debt income (COI) doesn't happen if it was created as part of the BK process.
Most of the time cancellation of debt will remain on your credit report for seven years. If the cancellation of debt is associated with a bankruptcy, it may take 10 years.
Robbie Mochrie has written: 'Economic and theological approaches to debt cancellation' -- subject(s): Debt cancellation, Moral and ethical aspects, Moral and ethical aspects of Debt cancellation
Read a debt cancellation - Law Firm lawyers Directory article here---- http://www.helplinelaw.com/docs/stampduty/maharastra.php
no
payable. recievable, cancellation
No anything discharged is gone.
Yes, you will lose the property but just may escape ahving to pay for the amount of negative equity....and also may avoid the tax effect of the extra debt being discharged (cancellation of debt is taxable income).