Is the Debt Discharged by Bankruptcy Taxable?

TRI Writer • July 22, 2020

The IRS often considers canceled debt or discharged debt as income – leaving taxpayers responsible for reporting that income on their tax return. But this isn’t always the case. This rule does not apply to all discharged debt.

What is a Forgiven or Cancelled Debt?

When a creditor agrees to or is prohibited from pursuing a consumer for money owed, the debt is considered forgiven or canceled. The consumer no longer owes a forgiven or canceled debt. Forgiven/canceled debts are usually not considered income when the debts are forgiven/canceled due to bankruptcy (although it’s important to note the word usually in this sentence). The rules vary when debts are forgiven outside of bankruptcy, but sometimes, you don’t have to report those as income either.

How To Handle Debts Discharged in Bankruptcy During Tax Filing:

In most cases, debtors who file bankruptcy are usually not required to include the discharged debt as taxable income. If you are a bankruptcy filer and you receive a Form 1099-C from a lender showing the amount of debt that was canceled or discharged during bankruptcy, discuss the situation with your tax professional. They may advise you to attach Form 982, “Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment),” to your income taxes to show the IRS that the discharged amount is excluded from income by Code Sec. 108.

If a Debt Was Discharged Before You Filed Bankruptcy:

In some bankruptcy cases, petitioners attempted to alleviate their financial crisis by working with their creditors directly. This may have resulted in partial debt settlement or one or two debts being settled before filing bankruptcy. If you have a canceled or forgiven debt before filing bankruptcy, you must include the amount of the debt stated on the Form 1099-C you receive on your tax return if the lender filed it before you file for bankruptcy. Timing is everything. When this happens – it’s no longer debt; it’s income or money you borrowed that you don’t have to pay back. Bankruptcy can only cancel debts that exist at the moment you file your petition.

Do You Have to Report Debts Discharged in Bankruptcy as Income?

In some cases, bankruptcy petitioners do have to report debt discharged in bankruptcy as income. Make sure to consult a tax professional you trust about the exact details of your bankruptcy case and your situation before assuming you need to claim your discharged debt as income.

If you need to file bankruptcy , and you are postponing getting in touch because you are ashamed of your financial situation, please don’t hesitate any longer. Most bankruptcy offices in the Chattanooga area don’t have a single Consumer Bankruptcy Specialist on staff. Our office is the only one in Chattanooga with two. You are in good hands with Kenneth C. Rannick P.C.

A person is putting coins into a piggy bank.
April 30, 2025
Find out how to qualify for Chapter 7 bankruptcy in Tennessee. Learn about the Means Test, income limits, and asset exemptions. Serving Chattanooga at Kenneth C. Rannick, P.C.
A statue of justice is sitting on a wooden table.
March 20, 2025
Struggling with debt? Learn seven key signs that it might be time to consider bankruptcy. Kenneth C. Rannick P.C. offers legal guidance to individuals in Chattanooga ready for a financial fresh start.
February 17, 2025
Can I Keep My Car If I File for Chapter 7 Bankruptcy in Tennessee?
February 1, 2025
What Are My Options If I Am Drowning in Credit Card Debt in Tennessee?
November 21, 2024
What Are the Documents Required to Apply for Chapter 7 Bankruptcy in Tennessee?
October 29, 2024
What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Tennessee?
June 24, 2024
Understanding Chapter 7 Bankruptcy Qualifications
April 5, 2024
Understanding the Role of the Trustee in Chapter 13 Bankruptcy
March 27, 2024
Understanding which Debts can be Discharged in Chapter 7 Bankruptcy
February 19, 2024
Protecting Your Assets in Chapter 7 Bankruptcy
More Posts