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Did you receive Form 1099-C?

March 1, 2010

What is that mystery form?

If you borrowed money that your lender says you no longer have to repay, you may have received a tax information statement you've never seen before. Form 1099-C, which lenders send to you and to the IRS, shows the amount of the cancelled debt - an amount that may be taxable income to you.

Or maybe not, depending on the type of debt cancelled.

For instance, under present federal law, debt forgiven on loan proceeds you used to buy, build, or improve your main residence (up to a maximum of $2 million) is generally not taxable. That's also true when the forgiveness involves debt you incurred to refinance a loan used for those purposes.

So what if you're sure you're not going to owe tax, since the forgiven debt is a result of a foreclosure or mortgage restructuring on your home? Do you need to report anything?

In most cases, the answer is yes. Why? One reason: Though certain cancelled debt can be excluded from income, the exclusion is not automatic. You have to attach Form 982 to your federal income tax return to claim the tax relief and to show the amount you can exclude.

In addition to mortgage debt relief, you may qualify for other exceptions that make the cancelled debt reported on Form 1099-C nontaxable, such as insolvency or a cancellation resulting from nonrecourse debt.

Please call our office to discuss how the rules apply to your situation and to investigate tax-saving solutions.

For more information, contact Ross Rizzo at 212-404-5528, rrizzo@sb-cpa.com.

"Tax Tips" are published weekly to provide current tax information, tax-cutting suggestions, and tax reminders. If you would like more information on anything in "Tax Tips," or if you'd like to be on our mailing list to receive other tax information from time to time, please contact our office.

The tax information contained in this site is of a general nature and should not be acted upon in your specific situation without further details and/or professional assistance.

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