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IRS Forms Handbook 1099-A and 1099-C

IRS Forms Handbook 1099-A and 1099-C

Cancelation of debt occurs in many situations, including:

  • Home loans (original or home equity),
  • Car loans,
  • Credit card debt,
  • Student loans,
  • Medical care,
  • Professional services, and
  • Installment purchases of furniture, home appliances, and other personal property.

This Handbook focuses on the requirement that lenders report to the IRS the cancellation of debt when certain events occur. The general concept that a lender must report to the IRS events indicating cancellation of debt is easy to grasp. It is not always clear, however, when an event indicating cancellation of debt has occurred that must be reported. Whether the cancellation of debt results in income for the debtor is not the focus of this Handbook, but is discussed to provide background for the types of transactions that give rise to a lender’s reporting requirements.

Get access to our IRS Forms Handbook by filling out the form below:

Insights

Alert

Student Loan Borrowers Beware: You May Owe State Tax on the Forgiven Debt Even If You Do Not Receive an IRS Form 1099-C

September 19, 2022

While student loan debt forgiveness may be excludible from income for federal income tax purposes, some states do not exclude such debt forgiveness from income for state income tax purposes. This means the borrower may have to pay state income tax on the forgiven student loan debt.

Podcasts

Podcast: Got Mail? What to Do When the IRS Contacts You

July 14, 2022

Receiving a letter from the IRS is like seeing the flashing lights of a police patrol car in your rear view mirror. As tempting as it might be, trashing the letter is like trying to outrun the patrol car. Not all correspondence from the IRS is bad news, but good or bad, you need to understand how you should respond when contacted by the IRS.

Alert

IRS Says No Form 1099-C Required for Certain Student Loan Discharges

December 22, 2021

Acting to clarify the practical impact of a COVID relief provision enacted earlier this year, the IRS has announced in Notice 2022-1 (Notice) that lenders are not required to, and should not, issue Forms 1099-C when certain student loans are discharged.

Alert

1099-C Discharge without Debt Cancellation Not Consumer Protection Law Violation

May 10, 2021

Once again, a borrower who argued his debt was cancelled when he received an IRS Form 1099-C was told by the court that it was merely discharged. The court says “discharge” is not “actual discharge.” While acknowledging that a common consumer may not easily understand the distinction, the court held that “discharge” for IRS reporting purposes is not necessarily “actual discharge” of the obligation.

Podcasts

Podcast: When Is Form 1099-C Required of Lenders?

January 22, 2021

When debt is forgiven, as much of the funding lent through the CARES Act’s PPP may be, a lender may be required to file IRS Form 1099-C with the IRS and to furnish a copy to the borrower. As a lender, do I need to file the 1099-C when I forgive a PPP loan, or when we finalize a restructuring or settle a case alleging a violation of state or Federal lending law?

Alert

Reporting Attorney Payments to the IRS

January 13, 2021

Do I have to report to the IRS a payment I make to a lawyer? If you make payments to a lawyer, you may be required to file an IRS form to report that payment. For a payment to a lawyer to be reportable to the IRS, it must meet two conditions: (1) it mustMore

Alert

IRS Announces Form 1099-C Not Required for PPP Loan Forgiveness

September 22, 2020

IRS Announcement 2020-12 notifies lenders that they should not file IRS Form 1099-C with the IRS or furnish it to borrowers to report the amount of qualifying forgiveness with respect to covered loans made under the Paycheck Protection Program (PPP).

Alert

New IRS Rules for Reporting Non-Employee Compensation

July 7, 2020

On July 6, 2020, the IRS issued Tax Tip 2020-80 to remind business taxpayers that, commencing with payments made in 2020, they must report any payments of over $600 per year for services by non-employees on Form 1099-NEC (for Non-Employee Compensation), a form last used by the IRS in 1982. Box 7 of the pre-2020 FormMore

Alert

Is 1099-C Required for Lenders on Forgiven PPP, EIDL Funds?

June 17, 2020

To address the adverse economic consequences to businesses and employees caused by the coronavirus, the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) was enacted. It amends Section 7 of the Small Business Act to provide a new type of loan to small businesses. This is the Paycheck Protection Program (PPP) loan (SectionMore

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  • Media item: Douglas W. Charnas
    Douglas W. Charnas
    dcharnas@mcglinchey.comMember

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