Cancellation of debt -- Insolvent -- Form 982

Feb 17, 2009 2 Replies


From every definition I can find, I'm insolvement. I've been trying


to work things out and pay at least a portion of my debt to four credit card companies. I was able to make a settlement with one last year and got a 1099C form from them for $1000 (rounding it off for simplicity.)


I understand that if I had been solvent that this would qualify as income. But since I'm insolvent, as far as I understand, it's excluded from income.


On form 982 I've checked the:


1b "Discharge of indebtedness to the extent insolvent (not in a title
11 case)" and on line 2: "Total of discharged indebtedness excluded from gross income", I put in the $1000.

Either I'm dense or the instructions aren't that clear, but I'm assume this means I leave the $1000 off as reported income on the 1040 Form and that Form 982 is essentially an explanation of why I left it off. (I don't see any connection between the two forms.)


Or is that just an open invitation for an IRS audit?

My condolences.

To the extent of your insolvency. It's not a binary condition.

You should have records and a worksheet to back up your insolvency calculation, although they do not need to be filed with your return. In a quick Internet search, I found one simple example (Legal Services of Northern Virginia):

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but more thorough worksheets should be available wherever EA's and CPA's work, in companies both large and small.

-Mark Bole

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