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They aren't releasing a lien. they are simply making a required accounting entry to record the bad debt...or actually that the asset they currently have (a receivable from someone), is worthless.

A 1099-C is given by someone who has discharged or forgiven a debt to you. It is reported to the IRS by them on that form. (So your reporting it is telling them something they already know). As this constitutes taxable income to you, you must account for it on your return (and estimated payments before the filing). Further explanation: Lets start with a basic tax concept: If you receive something of value (from someone other than family), you have received a taxable income. (The one giving it rightfully has an expense). For example, remember the Oprah Winfrey thing where the audience got cars� And then found out they owed taxes on the value of the cars. In fact, when Oprah stepped up to pay the tax for them, she had to actually pay more than the tax on the car, (called a gross up), as the money she gave them to pay the tax is also taxable. Hand in hand with that, and the example above, if you get a loan, it is NOT taxable income. The money was exchanged for the equally valued promise to repay. So taking the example above, if a buyer receives the $100 merchandise and gives $100 value for it, obviously nothing income taxable to the buyer. But in this case the buyer receives the $100 of value and say makes a deal in year 2 that if the $100 promise it gave is forgiven for a payment of $75 sent today (frequently offered with words like "because it's all I have and otherwise you ain't getting nothing�."), then the $25 is considered a cancellation of indebtedness. COD income is taxable to the recipient. It isn't a loan/exchange of value anymore, it's a gift of value, and value, as in Oprah is taxable. While no one likes to pay tax, it is the correct outcome. The advantage is the debtor doesn't owe anything anymore, other than tax on the gift. So, simplified again: Receiving money is taxable. Receiving a loan isn't. Receiving a loan, and then saying it wasn't a loan (no repayment), so your just getting money that you don't want to pay taxes on, simply doesn't fly.

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16y ago
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2d ago

Yes, a creditor can refuse to release a lien even after sending a 1099-C for canceled debt. The issuance of a 1099-C does not automatically result in the release of any liens held by the creditor. You may need to negotiate with the creditor or seek legal assistance to address the lien release.

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Q: May a creditor who sends a 1099-C refuse to release a lien?
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