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Debt Settlement Taxes

I owed @ $50,000 to a creditor and I settled it for $12,600 saving @$37k.  I earn only @$32K. I was told that I will have to pay taxes on the settled debt. Is this true and how much will my taxes be on the settlement?


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Consult a tax accountant or attorney, tax laws vary from place to place, and anyone that can give you a dollar amount based on the information provided is BSing you.

 
Debt Guy
(deleted account)

I think someone is giving you some bad advice.  Tax is based on income or earnings and not on debt payments.  Or is there part of this you are not telling.  Did you take the money to pay the debt from some sort of tax sheltered investment or retirement plan?  If that was the case then that money could be considered income and would be taxed.

Posted 2009-10-05T15:36:08Z
Debt Guy was invited by Yedda to answer this question.

 
8 helpful answers

Reliable answers to your credit questions.

The IRS considers forgiven debt as taxable income. The creditor will likely send you a 1099 next year showing the forgiven amount as income. However, if you can demonstrate that you were "insolvent" at the time you settled, then you will not have to pay income taxes on the settled debt. Because this is a large amount, you would be wise to consult a tax advisor now (not next year) to help you with the calculation and your options.

The Form involved is Form 982. You can learn more at http://www.irs.gov/pub/irs-pdf/f982.pdf  The tax professionals I work with are telling me that their clients are waiting too long to get help with this form. You need to get advice at the time you settle. Please contact a tax professional.

Posted 2009-10-05T16:12:00Z
GerriDetweiler was invited by Yedda to answer this question.

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