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Friday, September 25, 2009

Look Out for the Debt Settlement Tax - What to Do About It

By Sean Payne

If you owe money to creditors, you might be thinking about talking to them to negotiate a settlement for your debts, by paying them less than you owe. Be careful, though. You may not have been aware of it, but debt settlement can have a huge impact on your taxes.

When you pay off the debt for less than you owe, you're effectively "earning" money. For example, if you take out a loan for $10,000, and then were unable to pay it back, but settled for $6000, you've effectively pocketed $4000. This kind of thing gets the IRS's attention in a hurry.

It's possible that at some point in the past, the U.S. tax laws allowed for this to happen with no tax implications. Unfortunately for you, the IRS is smart about such things, and has closed any loophole that may have existed in the tax law.

As in our example above, if you settle credit card debt or any other type of debt for less than you owe, you will probably be held liable for whatever "profit" you realize after settling your debt. Remember this when it's time to file your taxes after settling your debts.

Although this may sound like a bad thing to you, you're still ahead of the game after taxes. In our example, the $4,000 "gain" you realized may be taxed at 30% (which depends on your tax bracket), meaning that you owe a $1,200 tax. Even after the tax, though, you've still only had to pay $7,200 to settle a $10,000 debt. You've gotten a 28% discount, which is a bargain in my estimation.

Because the debt settlement tax comes as a surprise to many people, they don't do anything about it until the IRS comes to audit them. Don't let this hidden tax take you by surprise.

If you require more information about how to plan for this tax, please talk to a CPA or other tax expert. - 23221

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