Legal Question in Credit and Debt Law in Maryland
I have recently been in touch w/ my creditors & have agreed to settle my unsecured credit card debt for less than 50% of what I owe on it. Now I heard on the news today by doing so, I may be slammed w/ big fines & fees from the IRS. Please help me asap w/ advice. I certainly don't need to create more credit problems
1 Answer from Attorneys
It's not "fines and fees," it's taxes. Debt is cancelled or forgiven is treated as income for tax purposes unless an exception applies. There are two major exceptions: (1) debt that is cancelled by discharge in bankruptcy, and (2) cancelled or forgiven debt to the extent that the taxpayer is insolvent. Insolvency is determined on a balance sheet basis including all assets and liabilities, including exempt assets. See an experienced bankruptcy or tax lawyer for advice on your specific situation.