Paoli, IN asked in Tax Law for Indiana

Q: My student loan was forgiven in 2023 under IDR adjustment. Effective date was 2017. Will IN still tax it?

F. Student Loan Debt Discharge

Under Section 9675 of the American Rescue Plan Act of 2021, student loans discharged

between Jan. 1, 2021, and Dec. 31, 2024, inclusive, are excluded from federal gross income

under IRC § 108(f)(5). Under IC 6-3-1-3.5(a)(30), student loans discharged pursuant to

this section are required to be added back into Indiana adjusted gross income.

However, the addback does not affect student loan discharges under IRC §108(f)(1)-(4).

In addition, if a student loan is discharged while the borrower is insolvent, the exclusion

under IRC § 108(a)(1)(B) is permitted and takes precedence for Indiana adjusted gross

income tax purposes.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: Regarding your student loan forgiveness in Indiana under the IDR (Income-Driven Repayment) adjustment, it's important to understand how state tax laws apply. The American Rescue Plan Act of 2021 exempts forgiven student loans from federal income tax between January 1, 2021, and December 31, 2024. However, state tax laws may differ.

In Indiana, as per IC 6-3-1-3.5(a)(30), the amount of forgiven student loan debt is generally required to be added back to your Indiana adjusted gross income. This means that while your forgiven loan is exempt from federal taxes, it may still be subject to state tax in Indiana.

However, it's crucial to note that there are exceptions, such as if the loan discharge falls under IRC §§ 108(f)(1)-(4), or if the discharge occurred while you were insolvent, as outlined under IRC § 108(a)(1)(B). In these cases, the tax treatment may differ.

Given the nuances of tax law, especially with regards to student loan forgiveness and state-specific regulations, it is advisable to consult with a tax professional. They can provide tailored advice based on the specifics of your loan forgiveness and ensure that you comply with all relevant tax obligations.

Remember, staying informed about the tax implications of your financial decisions is essential to avoid unexpected tax liabilities.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.