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I filed for Chap 7 bankruptcy before the law changed in 2005. My house went into foreclosure but was covered in the bankruptcy because I knew I couldn't afford to keep it even after the filing. I am of the understanding from the attny that I DON'T have to report this, but a CPA is sayin it is included. I am totally confused and wish that people in the legal field and cpas would make agreements on the law.

2007-01-28 03:04:32 · 6 answers · asked by thegoodgirl1018 1 in Business & Finance Taxes United States

6 answers

Here is your answer:
Internal Revenue Code section 108(a) Exclusion from gross income

(1) In general

Gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of indebtedness of the taxpayer if--

(A) the discharge occurs in a title 11 case,

(B) the discharge occurs when the taxpayer is insolvent,

Title 11 is any bankruptcy case, so no, there is no inclusion in income, even if you got a bunch of 1099C forms.

2007-01-28 13:49:44 · answer #1 · answered by mattapan26 7 · 1 0

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RE Is it true that when you file a Chap 7 bankruptcy that the cancelled debt needs to be reported as income?

I filed for Chap 7 bankruptcy before the law changed in 2005. My house went into foreclosure but was covered in the bankruptcy because I knew I couldn't afford to keep it even after the filing. I am of the understanding from the attny that I DON'T have to report this, but a CPA is sayin it is included. I am totally confused and wish that people in the legal field and cpas would make agreements on the law.

2014-10-03 19:31:39 · answer #2 · answered by Anonymous · 0 0

Short answer: Yes.
If you are insolvents at the time of the bankruptcy, only the amount above your insolvency is taxed. Your bankruptcy attorney is better qualified to advise you on this than we are.

2007-01-28 05:00:58 · answer #3 · answered by STEVEN F 7 · 0 0

You should speak to your attorney for clarification.

S/he knows bankruptcy law better than your CPA does.

2007-01-28 03:13:00 · answer #4 · answered by kx_wx 3 · 0 0

If the debtor provides you with a 1099-C for the debt cancellation, you have to report it as income for the year the debt was cancelled and pay taxes on it.

2007-01-28 03:28:59 · answer #5 · answered by jseah114 6 · 0 0

Generally it has to be included, although there are exceptions. You'll get better advice from your attorney than from Yahoo Answers.

2007-01-28 04:24:25 · answer #6 · answered by Judy 7 · 1 0

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