Legal Question in Credit and Debt Law in Florida

Cancelation of credit card debt

I just rec'd a notice from the IRS that a credit card debt was cancelled on 12/31/05 & they have a 1099-c. They are now requirin that I report this as income & redo my return for 2005.

I never got a notice from the credit card Co.. This debt is not on my credit report going as far back as 1999.It must be a very old debt.

How does the Statute of limitations apply? Is this legal?


Asked on 8/02/07, 11:03 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Cancellation of credit card debt

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If a debt is forgiven, then the amount which is not collected is considered income to you. The filing of a 1099 is not only legal but the proper thing for a creditor to do, although many do not bother. The amount forgiven is considered by the IRS as taxable income to the debtor.

Scott R. Jay, Esq.

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Answered on 8/04/07, 5:28 pm


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