Asked 2/10/2008
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Bankruptcy question I filed bankruptcy around May of 2007. (just me, not my wife). United States Bankruptcy Court, Eastern District of Missouri. I received a "Combined Tax Statement for Year 2007" from Bank of America. It says ***2007 Form 1099-C. Cancellation of Debt***. Under Box 2 is listed an amount of $5818.91. The credit card number listed is also listed in my bankruptcy papers under Schedule F. Creditors Holding Unsecured Nonpriority Claims. Do we have to include this amount as income on our tax return. If not, why did they send a copy to the IRS. |
Answer 1/1 - Submitted 11/4/2009
Any forgiveness of debit is required to be reported by the forgiving party to the IRS through the form 1099, a copy of which is sent to the debtor for their records and may need to be reported as income depending upon what type of debit is forgiven. Unsecured debt, such as a credit card, may not have to be reported based on the type of bankruptcy declared, and the type of credit card (corporate or personal).
Read through publication 908 of the tax code to make sure you don't have to claim it as income. While general statements above may clarify the tax code, its better to review it on your own, or call the taxpayer advocacy group. You can contact the Taxpayer Advocate Service by calling toll-free 1-877-777-4778. You may also contact your attorney that you used during the bankruptcy for further clarification.
You can find publication 908 of the tax code here: http://www.irs.gov/publications/p908/
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