Who Can or Must File a Form 1099-C? (2024)

Editor: Michael D. Koppel, CPA/CITP/PFS, MSA, MBA


Practice & Procedures

Even with the economy starting to turn up a little, taxpayers and businesses are still defaulting on credit and loans. In this environment, tax advisers may consider whether their clients should issue a Form 1099-C, Cancellation of Debt , for a bad debt. A situation may arise where a client wants to ensure the forgiven debtor reports the income from the canceled obligation.

The Form 1099-C instructions identify who must issue the form. The list includes financial institutions, credit unions, and organizations whose significant trade or business is the lending of money. Can someone other than the above issue a Form 1099-C for an uncollectible amount? This item considers this question as well as other Form 1099-C issues.

IRS Service Center Advice (SCA) 1998-020 addressed whether “an individual or entity not required to file a Form 1099-C under Section 6050P of the Internal Revenue Code [may] nevertheless voluntarily file the form.” SCA 1998-020 discusses Sec. 6050P, what information needs to be filed with the Form 1099-C, and what constitutes an identifiable event. The memorandum states that,

While the requirement to report discharges of indebtedness applies only to the entities described above, there is no specific prohibition in the Internal Revenue Code or the Income Tax Regulations that forbids the reporting of discharges of indebtedness by entities not required to report. Such reporting may encourage voluntary tax compliance and proper gross income inclusions.

The timing of the filing of the Form 1099-C for entities who are not required to file is important as well. SCA 1998-020 cautions that an entity that is not required to report should not issue a Form 1099-C unless there is either a discharge of indebtedness or a specific identifiable event described in the regulations. The memo states that the collection of a debt after filing a Form 1099-C “ought to occur very infrequently.”

Filing a Form 1099-C by a vendor is straightforward. If a debt of more than $600 is canceled and an identifiable event occurs, the vendor then issues a Form 1099-C. What happens when an employer forgives a debt from an employee? How about an independent contractor? If an entity discharges a debt of a person who is the entity’s employee, any income from the debt cancellation that is compensation, if it totals more than $600, must be reported on the employee’s Form W-2, Wage and Tax Statement (Regs. Sec. 1.6041-2(a)(1)). Withholding and payroll taxes are issues as well when an employer cancels an employee’s debt. If the person whose debt is discharged is not an employee of the applicable entity, but the debt discharge is nonetheless compensation for services, the compensation should be reported on a Form 1099-MISC, Miscellaneous Income (because under these circ*mstances, it is compensation, not cancellation of debt income; cancellation of debt income should not be reported on Form 1099-MISC.)

Entities not required by Sec. 6050P to file Form 1099-C may nevertheless voluntarily file the form in appropriate circ*mstances. The creditor should make sure a specific identifiable event has occurred to warrant the issuance of a Form 1099-C. Debt forgiveness of employees and independent contractors have different reporting requirements. It is important to understand these concepts when contemplating whether to issue a Form 1099-C.

EditorNotes

Michael Koppel is with Gray, Gray & Gray LLP in Westwood, Mass.

For additional information about these items, contact Mr. Koppel at 781-407-0300 or mkoppel@gggcpas.com .

Unless otherwise noted, contributors are members of or associated with CPAmerica International.

Who Can or Must File a Form 1099-C? (2024)

FAQs

Who Can or Must File a Form 1099-C? ›

File Form 1099-C for each debtor for whom you canceled $600 or more of a debt owed to you if: You are an applicable financial entity. An identifiable event has occurred.

Who is required to file a 1099-C? ›

The 1099-C form reports a cancellation of debt; creditors are required to issue Form 1099-C if they cancel a debt of $600 or more. Form 1099-C must be issued when an identifiable event in connection with a cancellation of debt occurs.

How do I know if I need a 1099-C? ›

Common examples of when you might receive a Form 1099-C include charge-off of a credit card balance, repossession, foreclosure, return of property to a lender, abandonment of property, or the modification of a loan on your principal residence.

Do creditors always file a 1099-C? ›

Issuers only send this form if the amount is $600 or more, but it is still your responsibility to report any amount that applies as a canceled or forgiven debt on your annual tax return. The amount listed in Box 1 of Form 1099-C must be entered on the “Other income” line of Form 1040 or 1040-SR.

What to do if you get a 1099-C for an old debt? ›

If you receive a 1099-C on an old debt, your best option is to contact a CPA or tax professional. They'll help you determine how to settle the outstanding tax issue.

Who is not required to file 1099? ›

Generally, a 1099 is not required to be issued for international vendors who are foreign vendors. Individuals living outside the United States who qualify to file an IRS Form W-8BEN as foreign persons/foreign contractors and don't perform services in the United States, don't get a Form 1099-NEC.

What is the tax rate for a 1099-C? ›

That depends on your overall taxable income. Your income, including amounts listed on your 1099-Cs, gets taxed at the normal progressive rate, which ranges from 10% to 37%. How much tax you will owe depends on your tax bracket, filing status, credits, and deductions.

Who is exempt from 1099 reporting? ›

Payments made to corporations, except those made for medical or health care services and attorney fees, are not required to be reported on Form 1099 MISC. Non-Employee payments – Non-employee payments are reported in Box 7 of Form 1099 MISC.

How to prove insolvency for 1099-C? ›

Send a simple letter to the IRS with a completed IRS form 982. he form is located at the IRS' website here: https://www.irs.gov/pub/irs-pdf/f982.pdf In the letter you will include a Statement of Assets and Liabilities, which can be handwritten on a piece of notebook paper if necessary.

What are the exceptions to a 1099c? ›

A Form 1099-C is not required to report the following discharges of debt: (1) certain bankruptcy discharges typically involving consumer debt; (2) interest; (3) in a lending transaction, the discharge of an amount other than stated principal; (4) debt that is acquired by a related party, unless the purpose is to avoid ...

What is the 36 month rule for 1099-C? ›

Thus, the failure of the debtor to make a payment for 36 months generally requires the creditor to file and furnish a Form 1099-C, even if the creditor has not ceased collection activities and discharged the debt.

Do you get a 1099-C after bankruptcies? ›

Although most creditors that were included in your bankruptcy will not send a 1099-C at all, some may send one showing that the amount of the debt was included in bankruptcy.

What happens if you don't file a 1099-C on your taxes? ›

If you don't report the taxable amount of the canceled debt, the IRS may send you a notice proposing to assess additional tax and may audit your tax return. In addition, the IRS may assess additional tax, penalties and interest. 3.

Does IRS forgive tax debt after 10 years? ›

The IRS generally has 10 years from the assessment date to collect unpaid taxes. The IRS can't extend this 10-year period unless the taxpayer agrees to extend the period as part of an installment agreement to pay tax debt or a court judgment allows the IRS to collect unpaid tax after the 10-year period.

How much tax will I pay on cancelled debt? ›

The law requires that you report all taxable canceled debt as income on your tax return, even if the amount is less than $600 and you didn't receive a Form 1099-C. Canceled debt is taxed at same rate as your ordinary income, which can be anywhere from 10% to 37% depending on your total taxable income.

Will I get in trouble if I don't file a 1099? ›

The IRS may charge penalties and interest beginning from the date they think you owe the tax. There are times when leaving a 1099 off of your tax return doesn't change it. And sometimes including a missing 1099 can actually reduce the tax that you owe.

Can you 1099 someone you paid cash? ›

Cash payments of $600 or more to an independent contractor should be reported on a 1099 form, regardless of the payment method. Neglecting to issue the appropriate tax forms for cash payments can lead to tax implications and penalties.

Will the IRS catch a missing 1099? ›

The IRS employs various methods to detect discrepancies in tax reporting, including the absence of 1099 forms. While the IRS does not catch every missing 1099 immediately, their sophisticated systems and data-matching capabilities make it likely that discrepancies will be identified over time.

Is 1099-C considered earned income? ›

But the creditor must report the canceled amount or settled debt to the IRS using the Form 1099-C cancellation of debt. The amount that was canceled is now considered income to you and it must be reported as such on your tax return. Tip: Keep in mind that you can settle your debts on your own.

Does a 1099-C affect your credit? ›

If you are one of the unlucky taxpayers who received a 1099-C form reporting “cancelled debt income” this year, you may be wondering whether it will affect your credit scores. The answer is “no.” Not in and of itself, anyway. If you've received a 1099-C, the damage to your credit has most likely already been done.

Can a creditor still collect after issuing a 1099-C? ›

If a creditor continues to attempt to collect the debt after you receive a 1099-C, the debt may not have been canceled and you may not have income from a canceled debt. Verify your specific situation with the creditor.

What happens if you don't report a 1099-C? ›

If you don't report the taxable amount of the canceled debt, the IRS may send you a notice proposing to assess additional tax and may audit your tax return. In addition, the IRS may assess additional tax, penalties and interest. 3.

Do all 1099 employees file a Schedule C? ›

If you receive a Form 1099-NEC reporting your income earned as a contractor, freelancer or other non-employee job, you'll typically need to report this information on Schedule C. You'll also include all of your eligible business-related expenses in support of your trade or business.

Do you have to claim cancellation of debt on your taxes? ›

In general, if your debt is canceled, forgiven, or discharged for less than the amount owed, the amount of the canceled debt is taxable. If taxable, you must report the canceled debt on your tax return for the year in which the cancellation occurred.

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