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1099 on a settlement?

Date: Mon, 11/19/2007 - 08:21

Submitted by mommontoya
on Mon, 11/19/2007 - 08:21

Posts: 501 Credits: [Donate]

Total Replies: 9


I am working on a settlement with a CA and hope to come to an agreement this week. I stated that I would pay the agreed amount in return for a PIF letter.
With a PIF can the CA turn around an issue 1099 for the balance? Should I negotiate for no 1099’s to be filed? I would hate to get surprised with extra tax burden after trying to take care of the mess.


*Technically* they should be sending a 1099-C for ANY cancellation of debt over $600. For them not to report it would be like your employer not reporting your W2s to the IRS at the end of the year. If IRS ever audited them and found out they don't send 1099-C's, I think they could get into some legal troubles.

In reality, most companies don't really send them out because I don't think the IRS really cares that much.

I know in your head it is all a made-up number anyway, and half of a made-up number is still made up. Maybe if they do file one, you can call the IRS to see how to dispute the amount they claim cancelled.

I have settled 3 cards over $600 and never got a 1099. It just depends on the company, I think.


lrhall41

Submitted by DebtCruncher on Mon, 11/19/2007 - 17:00

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Thanks for you input, Debtcruncher, however I am dealing with several thousands of dollars. A large amount on a 1099-C would be as bad as a large debt. Maybe worse as I will have to deal with the IRS (scary) :twisted:
Maybe I should work on getting the interest and fee????????s waived on the account to bring down the balance to the amount the CC was charged off at. What do you guys think?


lrhall41

Submitted by on Mon, 11/19/2007 - 17:33

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Whenever you settle a large debt and have settled for less than you owe technically the difference betem the debt and the settlement is income even if it does not feel that way to you. I settled a debt with a payday loan company and they refunded me money. I was stil issued a 1099 by their lawyers for the money that was refunded. It is up to me to dispute it on my taxes against any losses I occurred. I think that you should retain a good tax attorney in this case if you can afford one.


lrhall41

Submitted by Frogpatch on Mon, 11/19/2007 - 17:52

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