Short answer: Generally yes. Canceled debt counts as taxable income unless an exception applies. The two exceptions that matter most here: debt discharged in bankruptcy isn't taxable, and debt canceled while you were insolvent is excluded up to the amount you were insolvent.
The 1099-C form
If a creditor cancels $600 or more, it's generally required to send you and the IRS a Form 1099-C, Cancellation of Debt. Even if you don't get one, canceled debt may still be reportable. Don't ignore a 1099-C: the IRS already has a copy.
Example
You owe $12,000 on a card and settle for $5,000. The creditor forgives $7,000 and may issue a 1099-C for that amount. Unless an exception applies, the $7,000 is added to your income for the year.
The insolvency exclusion
You're insolvent if, right before the debt was canceled, your total debts were more than the fair market value of everything you owned, including retirement accounts. You can exclude canceled debt up to the amount you were insolvent.
Example: just before the settlement, your debts totaled $60,000 and your assets were worth $50,000. You were insolvent by $10,000, so you can exclude up to $10,000 of canceled debt. If $7,000 was forgiven, none of it is taxable.
You claim the exclusion on IRS Form 982 and attach it to your tax return. The IRS publishes an insolvency worksheet in Publication 4681.
Other exceptions
- Bankruptcy: debt discharged in a Title 11 bankruptcy case isn't taxable income.
- Some student loans and certain other categories have their own rules.
This is general information, not tax advice. If you're settling large balances, talk to a tax professional before tax season, and keep records of your debts and assets as of each settlement date.
Taxes are one of the reasons to compare settlement with bankruptcy carefully. Read debt settlement vs. bankruptcy.
Questions people ask
What if I didn't get a 1099-C?
Canceled debt can still be reportable. Keep your settlement letters and check with a tax professional.
Does the 1099-C threshold mean under $600 is tax-free?
No. $600 is when the creditor must file the form. Smaller amounts of canceled debt may still be income.
Can I fix a wrong 1099-C?
Ask the creditor to correct it first. Keep documents showing the actual amount forgiven and the date.
General information, not legal, tax or financial advice. Debt Relief Path is a free referral service, not a lender, law firm or debt settlement company. Disclosures.
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