What Happens With Canceled Debt? (2024)

In this article:

  • What Is Cancellation of Debt?
  • How Debt Cancellation Works
  • How Does Cancellation of Debt Affect Taxes?
  • How Does Cancellation of Debt Affect Your Credit?
  • How to Remove Canceled Debt From Your Credit Report

Debt cancellation occurs when a lender forgives some or all of an amount that you owe. But depending on the type of debt and the reason for discharge, you may still face certain consequences. Here's what you need to know about what happens with canceled debt and how to prepare yourself.

What Is Cancellation of Debt?

When you take out a loan, you typically agree to pay it back in full. But in certain situations, the lender may opt to forgive some or all of the debt.

When this happens, you're no longer on the hook for the canceled amount, and you don't have to worry about the lender trying to collect again in the future. That doesn't mean there aren't any consequences, however.

How Debt Cancellation Works

There are a handful of situations where a lender may choose or be forced to cancel a debt.

Bankruptcy

When you file for bankruptcy, you're indicating that you can no longer afford to repay your debts. You'll work with a court to either liquidate your assets to repay what you can or get on a restructured payment plan. Whatever debt is left over is typically discharged by the bankruptcy court.

While bankruptcy can provide some relief, it can also severely damage your credit scores for many years to come.

Debt Settlement

If you're behind on payments, a lender or debt collector may be willing to accept a debt settlement in which you pay less than what you owe to satisfy the debt. Once you pay the agreed-upon settlement amount—usually with a lump-sum payment—the remaining debt is canceled.

Like bankruptcy, debt settlement can give you some relief amidst financial hardship, but it can have a drastic effect on your credit score.

Student Loan Forgiveness

The federal government offers several student loan forgiveness programs to provide relief for eligible student loan borrowers. In particular, the following federal loan borrowers may qualify for cancellation of their debt:

  • Teachers
  • Government employees
  • Nonprofit employees
  • Borrowers with disabilities
  • Deceased borrowers
  • Borrowers on an income-driven repayment plan
  • Borrowers who have been defrauded

Credit Insurance

For some types of debt, including mortgage loans, auto loans, personal loans and credit cards, you may be able to purchase credit insurance from the lender.

Depending on the type of insurance you buy, the lender may cancel some or all of your debt if you pass away, become disabled or lose your job involuntarily. That said, credit insurance can be expensive, and disability and unemployment insurance may only cover a limited number of payments.

Charge-Off

If a lender has given up on collecting a debt, it may opt to charge off the balance, effectively canceling the debt.

This can also occur when a lender forecloses on a home or repossesses a vehicle, but the sales proceeds aren't enough to cover the remaining balance. While lenders will typically try to collect the deficiency balance from you, they may opt to charge off the debt if you're unable to pay.

How Does Cancellation of Debt Affect Taxes?

The IRS considers most forms of forgiven, canceled or settled debt as income for tax purposes. If the amount of your canceled debt is more than $600 and it's considered taxable, the lender is required to send you a 1099-C form, which includes the canceled amount that you'll need to report.

If your forgiven debt is less than $600, you might not get a 1099-C, but you'll still need to report it on your tax return.

Depending on how much debt has been discharged and your current tax situation, a canceled debt could result in a massive tax bill. If you've recently taken advantage of a debt forgiveness program, you'll want to find out whether the amount forgiven is taxable and how to prepare so you don't get blindsided at tax time.

Exceptions to Debt Cancellation Taxes

While most canceled debt is considered taxable income, there are some exceptions to the rule, including:

  • Bankruptcy: If your debt was discharged in bankruptcy, it's not considered taxable income. The thought is that you're already hurting financially, and requiring you to pay taxes could make things even more difficult.
  • Insolvency: If you're financially broke at the time of the cancellation—your liabilities exceed your assets—you may be able to exclude some or all of your canceled debt from your income on your tax return. The IRS determines how much you can exclude based on the extent of your financial insolvency.
  • Gifts: If you borrowed money from your parents or a friend and they decided not to collect the full amount from you, that's considered a gift for tax purposes.
  • Tax-deductible interest: If you've had a business or mortgage loan canceled, where the interest was considered tax-deductible, you won't need to report the interest portion of the forgiven amount as income. You will, however, still need to report the canceled principal amount.
  • Certain student loans: Through 2025, most forms of federal student loan forgiveness aren't taxable on the federal level. However, some states may still require you to report certain types of federal loan forgiveness as income.
  • Farm or real estate debt: If your debt was attached to a farm or real estate business and you meet other eligibility requirements from the IRS, you may qualify for a special exclusion.

How Does Cancellation of Debt Affect Your Credit?

Cancellation through federal student loan forgiveness or credit insurance could have a slight impact on your credit score through paying off the loan and closing the account. However, if you obtained forgiveness due to bankruptcy, debt settlement or a charge-off, you can expect your credit to take a significant hit.

That's because your payment history is the most influential factor in determining your credit score, and those types of debt cancellation are an indicator that you failed to pay as originally agreed.

With debt settlement and charge-offs, for instance, the derogatory mark will typically remain on your credit reports for seven years from your original delinquency date. With bankruptcy, the public record will stay on your credit reports for up to 10 years.

That said, these negative effects can diminish over time, especially if you take steps to rebuild your credit history.

How to Remove Canceled Debt From Your Credit Report

In general, you can't get discharged debt removed from your credit report unless the information is inaccurate. In that case, you have the right to file a dispute with the credit reporting agencies.

However, you might consider writing a letter to the creditor requesting a goodwill deletion, especially if you did everything in your power to pay what you could.

Just keep in mind that there's no guarantee the creditor will grant your request. If you can't get a negative account removed from your credit reports, it'll typically remain for seven years from the original delinquency date.

The Bottom Line

While debt cancellation may seem like a freebie, that's not always the case. Outside of federal student loan forgiveness programs and credit insurance, forgiven debt may be subject to taxes and cause significant damage to your credit.

If you're currently seeking debt cancellation through bankruptcy, debt settlement or a charge-off, research all of your options and carefully weigh both the advantages and disadvantages of each to determine the best course of action for you.

Also, be sure to monitor your credit score throughout the process to understand how canceled debt can affect your credit health and determine which steps you can take to improve your credit score over time.

What Happens With Canceled Debt? (2024)

FAQs

What Happens With Canceled Debt? ›

When a creditor cancels a debt, you no longer have to pay what you owed. However, you may face a tax bill and potential damage to your credit score.

What happens when a debt is cancelled? ›

If your debt is forgiven or discharged for less than the full amount owed, the debt is considered canceled for the forgiven or discharged amount that you no longer need to pay. Cancellation of a debt may occur if the creditor can't collect, or gives up on collecting, the amount you're obligated to pay.

What happens to the debt that is forgiven? ›

Generally, if you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Is cancelled debt considered earned income? ›

According to the IRS, nearly any debt you owe that is canceled, forgiven or discharged becomes taxable income to you. You should receive a Form 1099-C, "Cancellation of Debt," from the lender that forgave the debt.

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.

Is cancelled debt removed from credit report? ›

How to Remove Canceled Debt From Your Credit Report. In general, you can't get discharged debt removed from your credit report unless the information is inaccurate. In that case, you have the right to file a dispute with the credit reporting agencies.

What would happen if all debt was canceled? ›

Answer and Explanation: If the government erased all debts that it accrued then the government would crash the national and international economy, it would take generations for foreign investment to come back to the United States. The economies around the world would go into massive depressions as well.

What do I do with a 1099-C cancellation of debt? ›

While you don't have to file the 1099-C, you should use it to prepare and file your income tax return. In some cases, your forgiven debt is taxable – and in some it's not. When it is taxable nonbusiness debt, you'll use the copy of the 1099-C to use to report it on Schedule 1 of Form 1040 as other income.

Does the IRS offer a fresh start program? ›

The IRS Fresh Start Initiative works, but you must adhere to the guidelines of the option you select to get the desired results. How long does the IRS Fresh Start Initiative last? It varies by the repayment option you choose. A long-term payment plan can last up to 72 months.

Is there a statute of limitations on cancellation of debt? ›

There aren't really statutes of limitations on cancellation of debt, though the IRS does have rules about when these forms should be filed. The creditor must file a 1099-C the year following the calendar year when a qualifying event occurs.

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

In this event, the account is still delinquent, but the debt hasn't been forgiven, so the lender may still try to collect. The IRS amended the rule later that year, so creditors are no longer expected to file a 1099-C just because it's 36 months past due. But it is possible for it to still happen.

What happens if a 1099C is sent to a deceased person? ›

If the discharge takes place after death, then the 1099-C becomes the responsibility of the estate. If there was no estate or probate opened or the estate was closed, then there is nothing you can add it to.

What if I never received a 1099-C? ›

What if you don't receive a 1099-C? If you know you have a canceled debt of over $600 but didn't receive a 1099-C, it's still your responsibility to include the forgiven debt on your federal tax return. Just because your lender failed to file a 1099-C doesn't mean you can avoid reporting your debt on your taxes.

Is it a good idea to cancel debt? ›

However, debt cancellation can have long-term negative consequences to your credit, and you should consider it only when there are no better alternatives for you. Weigh the pros and cons of all your options for addressing your debt, perhaps with the help of a financial advisor.

What are the disadvantages of debt cancellation? ›

You May End Up with More Debt Than You Started

Stopping payment on a debt means you could face late fees and accruing interest. Additionally, just because a creditor agrees to lower the amount you owe doesn't mean you're free and clear on that particular debt.

What are the reasons for debt cancellation? ›

2 Other reasons for debt cancellation include military service, marriage, and divorce. Any remaining debt left under the loan or credit or agreement is canceled in its entirety. Banks and other financial institutions will offer DCCs in place of a credit insurance plan.

What does the Bible say about debt cancellation? ›

At the end of every seven years you must cancel debts. This is how it is to be done: Every creditor shall cancel the loan he has made to his fellow Israelite. He shall not require payment from his fellow Israelite or brother, because the LORD's time for canceling debts has been proclaimed.

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