Can You Still Owe Taxes on a Loan That’s 10 Years Old?

Our legal system allows people to move on from past obligations under certain circumstances. For example, people can discharge debts through bankruptcy, creditors have a limited amount of time to sue for unpaid debts, and even the IRS allows a fresh start for unpaid taxes. These laws strike a balance between allowing those who are…

Avoiding Tax on Discharge of a Mortgage

Avoiding Tax On Discharge Of A Mortgage

There are times in life when you may feel that you can’t get ahead. One step forward, two steps back–as they say. Paying income tax on debt that you avoid is an example. You negotiate with the lender or creditor and they agree to settle the balance for less. One step forward. Then a few…

Reporting Debt Discharged in a Court Settlement to the IRS

Reporting Debt Discharged In A Court Settlement To The Irs

There are some circumstances where information has to be reported to the IRS, even though the information does not trigger a tax. But the potential problem can be that the information reporting triggers an IRS audit or other consequences. The Form 1099-C, Cancellation of Debt, form can have this effect. In PLR 201927005 the IRS…

Avoiding Cancellation of Debt Using Rebates or Refunds

The Trade Or Business Requirement For The Sec. 199a Deduction

Can taxpayers avoid cancellation of debt income by structuring debt reductions as rebates or refunds?  The court touched on this issue in French v. Commissioner, T.C. Summary Opinion 2018-36. The Facts & Procedural History The taxpayers borrowed money to purchase a home.  When they failed to make their payments on the mortgage, the bank made contacted…

How are Employer Loans in Lieu of Wages Taxed?

Can you avoid paying Federal income tax by having your employer make loans to you in lieu of wages, and then have the employer forgive the loans over time?  The court addressed this in Wyatt v. Commissioner, T.C. Summary Opinion 2015-31. Facts & Procedural History Dr. Wyatt was a gynecologist.  He recruited to practice in Putnam…

Tax on Insurance Agent’s Repayment of Advanced Commissions

As a service provider, you might receive an advance payment from a party who pays for your services, which could be considered income subject to taxation. But what if you might have to repay those funds later? Are you still taxed on the advance payment in year one? The answer to this question can have…