QUESTION

Am I liable for Federal taxes on the amount of the forgiven debt?

Asked on Jul 10th, 2016 on Bankruptcy - Nevada
More details to this question:
With SSI and Social Security income and $18, 000 in credit card debt, I am ceasing monthly payments. I want to avoid filing for Chapter 7 Bankruptcy, due to personal physical and mental health challenges and difficulties.
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5 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Generally, you would be liable for taxes on any forgiven debt but there is an exception if you have more debt than assets.
Answered on Aug 22nd, 2016 at 6:43 AM

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Yes, that's a significant advantage BK has to settlements on debt.
Answered on Aug 05th, 2016 at 6:41 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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There is a good chance you will be responsible for paying taxes on the amount of debt that has been forgiven. While there are some exceptions, the devil will be in the details. More information on this interesting topic is on the IRS website at www.irs.gov.
Answered on Aug 05th, 2016 at 6:40 PM

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The answer is actually considerably more complicated than many tax preparers seem to think. If a debt is forgiven outside bankruptcy, then you are liable for income tax to the extent that the forgiven debt increases your solvency above zero. Take the total value of all your assets; subtract the total of all your debt. If the result is a negative number, then you are liable for tax to the extent that the forgiven debt brings your new balance above zero. If you are 'balance-sheet' solvent before the debt is forgiven, then you are likely liable liable for the total of all forgiven debt. Consult a tax expert to be certain.
Answered on Aug 05th, 2016 at 6:40 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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No. If you file Chapter 7 (or Chapter 13) and get a discharge, and then get a 1099 for Forgiven Debt, have your accountant file a Form 982.
Answered on Aug 05th, 2016 at 6:40 PM

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