New Castle, PA asked in Bankruptcy for Pennsylvania

Q: chapter 7 with discharge. One loan in the chapter 7 sent me a 1099-A is that incorrect should it have been 1099c

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2 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Doesn't really matter. What you need to do is give to your accountant and make sure he knows you filed for bankruptcy and he files the appropriate form so it is not seen as income.

Timothy Denison agrees with this answer

Daniel Edward Mueller
Daniel Edward Mueller
Answered
  • Bankruptcy Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Was the debt a mortgage loan? Form 1099A is used to determine capital gains and losses on abandoned or foreclosed property (usually real property.) When you surrender your home in bankruptcy, you may receive a form 1099A from your mortgage lender, most often if (1) the property is vacant and (2) the lender has taken steps to secure it. However, if you receive your bankruptcy discharge, the 1099A does not create taxable income. Nonetheless, you should provide the form to your tax professional.

Also, if the property is investment property rather than your residence, you may need to discuss it with your attorney or a CPA to avoid tax complications.

Note that 1099(c) forms filed for debts discharged in bankruptcy do not create taxable income. However, you may need to file IRS form Form 982 to inform the IRS that the debt was discharged in bankruptcy.

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