How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Wallstreet Esq. Your Own Question
Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 17223
Experience:  10 years experience
16356563
Type Your Tax Question Here...
Wallstreet Esq. is online now
A new question is answered every 9 seconds

HAVE (3) 1099-C WHICH TOTAL $9,379.34 FOR CREDIT CARD CANCELLATION

Resolved Question:

HAVE (3) 1099-C WHICH TOTAL $9,379.34 FOR CREDIT CARD CANCELLATION DEBT. HOW MUCH TAX IS DUE. I DID NOT HAVE THE MONEY THEN TO PAY THE CREDIT CARDS, I DO NOT HAVE THE MONEY TO PAY THE TAXES.
Submitted: 6 years ago.
Category: Tax
Expert:  Wallstreet Esq. replied 6 years ago.

Wallstreet Esq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

Wallstreet Esq. :

If you do not have the money to pay the debts on the cancellation of debt, you would file for insolvency and then you would not be liable for any taxes.

Wallstreet Esq. :

You are insolvent if your liabilities (the total amount of all debts) were more than the fair market value (FMV) of all of your assests immediately before the discharge. For more details on what it means to be insolvent, please reference IRS Publication 908, Bankruptcy Tax Guide.

Wallstreet Esq. :

Example: During the tax year, you were released from your obligation to pay back a credit card debt in the amount of $5,000. At the time of the discharge, the FMV of all of your assets totaled $7,000 and your total liabilities totaled $10,000. Therefore, you were insolvent to the extent of $3,000 ($10,000 in liabilities minus $7,000 in FMV of assets). In other words, your liabilities were $3,000 greater than your assets, so that is the extent that you were insolvent.


Because you were only insolvent to the extent of $3,000, you could only exclude $3,000 of your cancelled debt from income. The remaining $2,000 would have to be included in income unless you meet one of the other exclusions.

Wallstreet Esq. :

The form can be found above

Wallstreet Esq. and other Tax Specialists are ready to help you