Settling debt this year? Prepare yourself for this unwanted tax surprise. (2024)

FAQs

What to say when negotiating a debt settlement? ›

Concisely portraying the financial hardship that made you unable to pay your bills can make the creditor more sympathetic to your case. Start by lowballing, and try to work toward a middle ground. If you know you can only pay 50% of your original debt, try offering around 30%.

While settling your debt may be a huge relief, you need to be prepared to pay taxes on the amount settled. Depending on the type of debt, your creditor may send you a 1099-C cancellation of debt tax notice. This information will be reported to the IRS, and you'll need to report it as "other income" on your tax return.

If you can afford to pay off a debt, it's generally a much better solution than settling because your credit score will improve, rather than decline. A better credit score can lead to more opportunities to get loans with better rates.

The IRS Has The Final Say

If you receive a settlement in California that is considered taxable income, you will need to report it on your tax return. You will typically receive a Form 1099-MISC, which reports the amount of taxable income you received during the year.

For example, the IRS allows personal injury tax exemptions for settlements that cover costs of physical injuries and illnesses, like medical bills and lost wages. However, the IRS in these cases can tax the portion of a settlement unrelated to an injury or illness, like punitive damages.

Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally consider that money taxable. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).

Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt owed to them of $600 or more. Generally, an individual taxpayer must include all canceled amounts (even if less than $600) on the "Other Income" line of Form 1040.

Is it good to use a debt settlement company? ›

If you're behind on your credit card payments and looking for a solution, you might be considering debt settlement, which promises to help clear your debts. However, debt settlement is risky and should be a last resort for most borrowers.

If your debt load has become unmanageable, debt relief is worth considering. Just be sure to explore your options, including any interest and fees you might incur. And once your debt is gone, create a budget and savings plan to ensure you never wind up in a similar situation again.

The IRS one-time forgiveness program, or first-time penalty abatement, is a good option if you received an IRS penalty and have a solid history of filing and paying taxes on time.

The IRS ultimately determines whether you qualify for debt forgiveness. However, the agency generally considers taxpayers who meet these criteria: a total tax debt balance of $50,000 or less, and a total income below $100,000 for individuals (or $200,000 for married couples). Need to talk to a tax relief specialist?

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

What Percentage Should You Offer to Settle Debt? Consider starting debt settlement negotiations by offering to pay a lump sum of 25% or 30% of your outstanding balance in exchange for debt forgiveness. However, expect the creditor to counter with a request for a greater amount.

It depends on what you can afford. Your full and final settlement should offer equal amounts to each creditor. For example: Your lump sum is 75% of your total debt. You should offer each creditor 75% of what you owe them.

Try to stay level-headed. Keeping the conversation polite and respectful will improve your chances of reaching agreement. It is also important that you take time to prepare yourself before those negotiation talks begin. Good preparation will give you more confidence going into mediation or settlement discussions.