Jump to content
ATX Community

Co-Signer 1099C


Patrick Michael

Recommended Posts

Why does it seem I always get this odd ball situations that I have never dealt with before late in the season!

Mother co-signed for her daughter on a car loan. Daughter defaulted and loan was forgiven.  Both mother and daughter received a 1099-C. My research led me to Treasury Regulation Sec. 1.6050P-1(7) that says that for purposes of filing, "a guarantor is not a debtor."  Mother has tried to get the creditor to correct the 1099-C but they refuse. 

Is this another case where I should include the income on line 21 and then back it out on line 21 with an explanation that the 1099-C was issued in error to avoid a CP2000 notice? 

Thanks.

Link to comment
Share on other sites

File form 982 if they were insolvent. They were liable for the whole amount each and they were both forgiven that amount. Creditor is correct and there is no way the creditor will bend the rules. Let's say that the daughter was insolvent, then she files 982 and she is off the hook. If the mother was solvent, she will have two choices, to pay for the debt or pay taxes on the debt forgiven.

 

Link to comment
Share on other sites

2 hours ago, Patrick Michael EA said:

Same amount on both, one in the mother's SSN and the other in the daughters SSN. 

This stinks, imagine if mother and daughter go to a different preparer they both pay taxes for the same amount :angry:  Knowing the IRS they might want for your client to contact the creditor and to correct the 1099-C to the proper person.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...