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Anne
Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1785
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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On january 17th 2004 I was hospitalized,and was in a coma for

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On january 17th 2004 I was hospitalized,and was in a coma for 3.5 months and in the hospital for five months.As you can imagine all my bills got behind.For this and an auto accident in 2000 I was declared disabled.Bank of America and Citigroup gave me hardship loans on money owed on loans,H.F.C. offered and that's why I asked the other two lenders about it.They took care of it as soon as I asked,H.F.C.never did anything.I paid them off 07/03/06 and they turned it in 12/31/07 and I in 2009 I got paperwork from the I.R.S. stating I owed them 2077$ from write off's from H.F.C.I have a letter stating that the loan would be paid in full and reported to local and national credit bureaus.The I.R.S. is no help at all.I plan to appeal,but it seems H.F.C. can do as they please!!!HELP PLEASE!!! J.Burch
Submitted: 5 years ago.
Category: Tax
Expert:  Anne replied 5 years ago.
HiCustomerbr />
Thank you for using justanswer. I am truly sorry about your current situation. So many of us without health insurance (or inadequate health insurance) could easily find ourselves exactly where you are.

Did you pay HFC off in full, or did they settle for a lesser amount?
Customer: replied 5 years ago.
I'm not sure they sent me the letter that says settled,but i've not gotten anything such as a reciept any kind of paperwork from them.I do know that one loan was 6000$ they were paid a minimum of 7250$.the other was 6599$ and they recieved 7500$ or so.Ihave method of payment for both. i'm very confused at how they can wait 1.5 years and turn it in without giving any notice to me.they promised a hardship then said it was to late.It seems they make their own rules as they go.nubbie2000
Expert:  Anne replied 5 years ago.
If a loan is not satisified in full, meaning the creditor accepts less than the outstanding balance due to hardship, etc. they will sometimes issue a 2009 Form 1099-CCancellation of Debt which is what I suspect you are speaking of. Under normal circumstances, the $ amount of the canceled debt is taxable income to the recipient (you), and you pay 15 cents or 25 cents on the dollar, depending on whatever tax bracket you're in.

However, there are ways to NOT have to pay on the cancellation of debt, even though the 1099C form has been filed. Please see below:

2. Is Cancellation of Debt income always taxable?

Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

  • Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
  • Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets.Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception
I would think that you would stand an excellent change of having the cancellation of debt not be taxable to you by filling out Form 982 (Rev. March 2009) and proving yourself insolvent due to the extensive medical bills.

Please find an Enrolled Agent, CPA or professional tax preparer in your area to help walk you thru this process. As I said, I think you probably have an excellent chance for proving insolvency, but I think you need to take all of your papers to an expert and have them review them. Since I work for H&R Block, I know there should be at least 1 office in your area that's open year round for just these kind of situations, but often independent CPA's will also have offices open year round. Call around, ask if they have expierence in dealing with cancellation of debt and insolvency.

I wish you the best of luck, and I beleive, as I stated above, that you stand an excellent chance of proving yourself insolvent at the time the debt became due, and that will keep you from having to pay any tax on this as income even though HFC filed the form.

I hope this helps.

Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 1785
Experience: Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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