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Do You Have to Pay Taxes on Canceled Debts?

The Law Office of James R. Monroe Oct. 22, 2024

When it comes to managing finances, debt relief can feel like a lifeline, especially for individuals burdened with loans or credit card debt. An often-overlooked consequence of debt cancellation is the potential tax liability that comes with it. It's important to understand how canceled debts may affect taxes and what specific laws apply. Contact our tax lawyer to schedule a meeting with an experienced professional.

Understanding Canceled Debt and Taxable Income

The first thing that needs to be clarified is that canceled debt is generally considered taxable income by the IRS. This means that if a creditor forgives or cancels your debt, the amount of the forgiven debt can be taxed as part of your gross income. For example, if you owe $10,000 and the lender forgives $5,000, that $5,000 could be considered taxable income in the eyes of the IRS.

Federal Tax Law on Canceled Debt

Under federal tax law, canceled debt is usually considered taxable unless it falls under specific exemptions. The IRS treats canceled debt similarly to how they treat earned income. Once debt is forgiven, it increases your total income for the year, potentially placing you in a higher tax bracket or increasing your overall tax liability.

The creditor is required to report the amount of canceled debt to both the taxpayer and the IRS by filing a Form 1099-C, “Cancellation of Debt.” If you receive this form, you should expect that the IRS already knows about your canceled debt, and you’ll need to address it on your tax return.

How Does Iowa Handle Canceled Debt?

Now that we’ve covered how federal tax law deals with canceled debt, let’s look at how it works here in Iowa. Like the federal government, Iowa generally considers canceled debt taxable income. This means you’ll need to report the forgiven debt on both your federal and Iowa state tax returns.

Iowa Income Tax Rates

According to Tax Foundation, Iowa has a progressive income tax system with tax rates ranging from 4.40% to 8.53%, depending on your income bracket. This rate can significantly impact how much you’ll owe in taxes on canceled debt. If you receive a large amount of debt forgiveness, it could push you into a higher tax bracket, increasing your overall tax liability at the state level as well as federally.

It’s crucial to calculate your tax liability accurately when debt is canceled, as underestimating your state tax bill could lead to penalties or interest charges.

Specific Iowa Exemptions or Deductions

While Iowa follows federal tax law in many ways, it also offers some state-specific deductions and credits that could help offset the tax liability on canceled debt. For example, Iowa allows for a state-specific deduction for student loan interest, which could potentially reduce your taxable income. This is important to consider if any of your canceled debt involves student loans.

Iowa also follows the federal tax law exclusion for insolvency, which we’ll discuss next. However, it’s important to consult with a tax professional who is familiar with Iowa’s tax regulations to see if there are any other state-specific rules that could apply to your situation.

Exceptions and Exclusions

One of the most important things to understand about canceled debt is that there are several exceptions and exclusions that might allow you to avoid paying taxes on the forgiven amount.

Insolvency Exclusion

One of the most common exclusions applies if you were insolvent at the time the debt was canceled. Insolvency means that your total liabilities (debts) were greater than the fair market value of your assets. Under both federal and Iowa tax law, if you’re insolvent, you may not have to pay taxes on some or all of the canceled debt.

For instance, if you had $30,000 in debts and only $20,000 in assets, you would be considered insolvent by $10,000. If you had $5,000 in canceled debt, you might be able to exclude the entire $5,000 from your taxable income under the insolvency rule.

It’s important to carefully document your assets and liabilities if you’re claiming insolvency, as both the IRS and the Iowa Department of Revenue may require proof of your financial situation.

Bankruptcy Exclusion

Debt discharged through bankruptcy is another exception. Under federal tax law, if your debt was canceled as part of a Chapter 7 or Chapter 13 bankruptcy proceeding, you generally don’t have to include the forgiven debt as taxable income. Iowa follows the same rules in this regard, meaning that canceled debts from bankruptcy won’t affect your state taxes either.

Mortgage Debt Forgiveness

In response to the housing crisis, Congress passed the Mortgage Forgiveness Debt Relief Act, which allows homeowners to exclude forgiven mortgage debt from their taxable income under certain conditions. This act was extended through various pieces of legislation and continues to apply to principal residence mortgages.

If you had a portion of your mortgage debt canceled in Iowa, and that debt was related to your principal residence, you might be able to exclude it from taxable income. Iowa also recognizes this exclusion, meaning that forgiven mortgage debt isn’t taxable at the state level, as long as it qualifies under federal guidelines.

Student Loan Forgiveness

Student loan debt canceled under specific programs, like Public Service Loan Forgiveness (PSLF), may also be excluded from taxable income.

However, it’s essential to note that not all types of student loan forgiveness are automatically excluded. If your loan is forgiven after working in a qualified public service position for a certain number of years, both federal and Iowa tax law exclude this forgiven debt from your taxable income.

However, if you receive a 1099-C for student loan forgiveness outside of a qualified program, such as a negotiated settlement, you might still have to report that as income. Be sure to review the terms of your loan forgiveness to determine your tax liability.

What Happens If You Don’t Report Canceled Debt?

It’s essential to report any canceled debt properly on your tax returns, as failing to do so could result in serious consequences. The IRS and the Iowa Department of Revenue receive copies of your 1099-C forms, so they know if you’ve had debt forgiven. If you fail to report canceled debt, you could face penalties, interest charges, or even an audit.

Moreover, Iowa can impose additional state penalties for underreported income, which could compound the financial impact of failing to disclose forgiven debt. It's always better to be upfront and include any canceled debt in your tax return, even if you believe it qualifies for an exclusion. This makes sure that the IRS and the state of Iowa have full visibility into your financial situation.

How to Prepare for Tax Season If You Have Canceled Debt

If you have had debt canceled during the year, it’s a good idea to start preparing your tax returns early. Here are a few steps to help you get started:

  1. Gather Documentation – Make sure you have all of your 1099-C forms from creditors. Review the forms carefully to verify that the amounts match your records.

  2. Determine if You Qualify for Exclusions – Review the federal and Iowa exclusions and exceptions to canceled debt. This includes insolvency, bankruptcy, mortgage forgiveness, and student loan forgiveness. Calculate your assets and liabilities if you’re considering the insolvency exclusion.

  3. Consult a Tax Professional – If you’re unsure about how to report canceled debt on your taxes, consult a tax professional familiar with both federal and Iowa tax law. They can help verify that you file your taxes correctly and take advantage of any exclusions or deductions available to you.

  4. File Timely – Don’t wait until the last minute to file your taxes, especially if you have canceled debt to report. Filing early gives you time to resolve any issues and avoid penalties for late filing or payment.

Thinking Ahead

The question of whether you have to pay taxes on canceled debts can be complicated, especially when state-specific rules come into play. For residents in Iowa, understanding both federal and state tax law is essential to meet tax obligations while minimizing liability.

While canceled debt is generally considered taxable income, exceptions like insolvency, bankruptcy, and certain types of forgiven mortgage and student loans can help reduce or eliminate your tax burden.

By taking the time to understand how the IRS and Iowa tax law treat canceled debt, and by seeking advice from tax professionals when necessary, you can better maneuver through the financial challenges that come with debt forgiveness.

Speak With a Tax Law Attorney Today

If you’re having to deal with a situation where you aren’t sure how to handle canceled debt and you would like to speak to an attorney, call The Law Office of James R. Monroe today. The office proudly serves Des Moines, Iowa including clients in the Sherman Hill, Carpenter, Waterbury, Union Park, Laurel Hill, Indianola Hills, Jordan Park, Greater South Side, and beyond.