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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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I received 2 1099c forms that are the same one in my name

Customer Question

I received 2 1099c forms that are the same one in my name and one in my wifes name . it is for a credit card write-off on a card that was in her name. she died in 2004 and in the state of IL the debt is not owed by me. what should I do.
Submitted: 9 months ago.
Category: Tax
Expert:  Lev replied 9 months ago.

If you are NOT responsible for that debt - that means - sending form 1099C in your name is ***** *****
You would need to contact the sender and ask for corrections.
They woudl need to issue another form marked VOID at the top.
If they refuse - you woudl need to file a formal complain with the IRS - so be sure to keep a record about all communications with the sender.

Expert:  Lev replied 9 months ago.

If indeed - you were responsible - there is a policy for reporting to multiple debtors.

That is from instructions - Multiple Debtors

For debts of $10,000 or more incurred after 1994 that involve debtors who are jointly and severally liable for the debt, you must report the entire amount of the canceled debt on each debtor's Form 1099-C. Multiple debtors are jointly and severally liable for a debt if there is no clear and convincing evidence to the contrary. If it can be shown that joint and several liability does not exist, a Form 1099-C is required for each debtor for whom you canceled a debt of $600 or more.
For debts incurred before 1995 and for debts of less than $10,000 incurred after 1994, you must file Form 1099-C only for the primary (or first-named) debtor.
If you know or have reason to know that the multiple debtors were husband and wife who were living at the same address when the debt was incurred, and you have no information that these circumstances have changed, you may file only one Form 1099-C.

But if you are NOT responsible for that debt - you would need to argue that 1099C was issued incorrectly.

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