Is it possible to transfer a 1099-C to another person who actually incurred the debt?
So I'm in a bit of a mess with my family's finances and need some tax advice. My dad received a 1099-C for cancellation of debt from Capital One. The thing is, this was from a credit card that he let my sister use for her expenses when she was going through a rough patch. She's the one who charged everything, and she eventually worked directly with the credit card company to settle the debt. She paid some agreed amount, and they canceled the remaining balance of around $8,200. The problem is my dad is retired on a fixed income from Social Security disability, and I'm worried this extra "income" from the debt cancellation is going to mess up his benefits. Since my sister is the one who actually incurred the debt and handled the settlement, is there any way for her to report this canceled debt on her taxes instead of my dad? The credit card was in his name, but she was the one who used it and benefited from both the purchases and the debt forgiveness.
18 comments


Nia Harris
Unfortunately, the 1099-C follows the legal responsibility for the debt, not who benefited from it. Since the credit card was in your dad's name, he was the one legally responsible for the debt, which is why the 1099-C was issued to him. The IRS sees the forgiven debt as income to the person who was legally obligated to pay it. There might be a couple options though. First, if your dad was insolvent at the time of the debt cancellation (meaning his total debts exceeded his total assets), he might qualify for the insolvency exclusion using Form 982. This would reduce or eliminate the taxable amount of the canceled debt. Second, if your dad's only income is Social Security Disability Insurance (SSDI), he may not have enough taxable income to be required to file a tax return at all, even with the 1099-C. The canceled debt would only matter for tax purposes if he would otherwise need to file.
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GalaxyGazer
•Thanks for the information. I have a similar situation but with my spouse's parent. Would the insolvency exclusion still apply if they have a small pension in addition to SSDI? And how exactly do you calculate insolvency? Do you just list out all assets and debts at the time the debt was canceled?
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Nia Harris
•The insolvency exclusion can still apply with a pension plus SSDI. It's all about the total financial picture at the time the debt was canceled. To calculate insolvency, you would make two lists: one of all assets (home equity, cars, retirement accounts, cash, etc.) and one of all debts (mortgage, car loans, credit cards, medical bills, etc.) immediately before the cancellation. If the total debts exceed total assets, your spouse's parent was insolvent. IRS Publication 4681 has worksheets to help with this calculation, and the amount of insolvency directly reduces the taxable portion of the canceled debt on Form 982.
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Mateo Sanchez
I went through something similar last year and discovered taxr.ai (https://taxr.ai) which was super helpful for figuring out who should report canceled debt income. They analyzed my 1099-C situation when my bank forgave some of my mom's credit card debt that I had actually used. Their system looked at all the documents and explained exactly how to handle it with the IRS. The tool helped me understand that while my mom received the 1099-C because her name was on the account, we could document that I was the actual beneficiary of both the original debt and the forgiveness. They provided a detailed explanation I could use to support filing an insolvency claim since her total debts exceeded her assets at the time of forgiveness.
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Aisha Mahmood
•Did you actually have to transfer the 1099-C to your name or did your mom still report it? I'm confused about how that works if the form is issued to one taxpayer but someone else tries to claim responsibility. Does the IRS actually allow that?
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Ethan Moore
•I'm skeptical about using online tools for complicated tax situations like this. Did you have any issues with the IRS afterward? I've heard horror stories about people trying to get creative with debt cancellation and ending up with audits.
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Mateo Sanchez
•Your mom would still report it on her return since the 1099-C has her name and SSN, but we used Form 982 to exclude it based on the insolvency exception. The tool helped create the proper documentation showing her financial situation at the time of cancellation. I didn't have any issues with the IRS. The key is not trying to be "creative" but accurately documenting the legitimate exceptions that exist in the tax code. The insolvency exception is specifically designed for situations where people couldn't afford to pay their debts. The documentation is what matters - you need to show your assets and liabilities at the time of cancellation.
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Ethan Moore
I was really suspicious about using any kind of tool to handle my complicated tax situation with a 1099-C, but after trying taxr.ai (like someone suggested above), I'm actually shocked at how helpful it was. Last month I was freaking out about a $7,400 canceled debt on my elderly aunt's credit card that I had used for my business expenses. The service analyzed all our documentation and helped us properly complete Form 982 showing she was insolvent at the time of cancellation. They explained exactly how to document everything for the IRS, including how to calculate the insolvency amount. What I appreciated most was getting a straightforward answer rather than the conflicting advice I was getting from friends. Just submitted everything last week and it's such a relief to have this handled correctly.
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Yuki Kobayashi
If you're still struggling to get clear answers, I'd recommend using Claimyr (https://claimyr.com) to actually speak with an IRS agent directly about your situation. I spent weeks trying to figure out a similar 1099-C issue last year and kept getting different answers from tax prep services. I was skeptical but used their service (you can see how it works at https://youtu.be/_kiP6q8DX5c) and they got me through to an actual IRS representative in about 20 minutes when I had been trying for days on my own. The agent confirmed that while the 1099-C can't technically be "transferred" to another person, there are several exceptions that might apply in your dad's case, including the insolvency exception others have mentioned.
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Carmen Vega
•How does this service actually work? It sounds too good to be true. I've tried calling the IRS multiple times and always end up on hold forever before getting disconnected.
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QuantumQuester
•I don't believe this for a second. Nothing can get you through to the IRS faster. I've tried everything. They're just permanently understaffed and there's no magic solution to that problem. Sounds like a scam to me.
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Yuki Kobayashi
•The service essentially calls the IRS for you and navigates their phone tree, then holds your place in line. When they're about to connect with an agent, you get a call back so you can speak directly with the IRS. It's not bypassing any systems - just automating the hold process so you don't have to sit by your phone for hours. It's definitely not a scam - I was connected within about 20 minutes when I had previously wasted hours trying to get through. The IRS is understaffed, but they do eventually answer calls. The problem is most people can't stay on hold for 2+ hours during business hours, which is what this service handles for you.
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QuantumQuester
I have to admit I was completely wrong about Claimyr. After ranting about it being impossible to get through to the IRS, I tried the service out of desperation when dealing with my own 1099-C situation. Not only did I get through to an IRS representative in about 35 minutes (after trying for weeks on my own), but the agent was surprisingly helpful. They confirmed that while my mother-in-law had to report the 1099-C on her return since it had her information, she qualified for the insolvency exclusion since her total debts exceeded her assets at the time of the forgiveness. I was able to get clear instructions on exactly how to fill out Form 982 and what documentation we needed to keep in case of questions later. Saved me from potentially making a costly mistake on her return.
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Andre Moreau
Have you looked into whether your dad qualifies for an "identity theft" exception? If your sister used the card without proper authorization, it could potentially be reported as not your dad's debt. Though from your description, it sounds like he gave permission, so probably doesn't apply here. Another thing to consider: disability benefits are handled differently depending on whether it's SSDI or SSI. If it's SSI (Supplemental Security Income), the canceled debt could potentially affect benefits since that's needs-based. If it's SSDI (Social Security Disability Insurance), it normally wouldn't affect benefits since they're not income-based.
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Luca Russo
•Thanks for the suggestion. It wasn't identity theft - my dad knowingly let my sister use the card to help her out, so we can't go that route. He's on SSDI, not SSI, so that's somewhat reassuring. I'm still concerned about how this might impact his tax situation though, especially since he's normally not required to file due to low income. Does the 1099-C automatically mean he must file now, even with SSDI being his only income source?
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Andre Moreau
•If your dad is only receiving SSDI and is single, he generally wouldn't need to file a tax return unless his total income exceeds the standard deduction (which is $14,600 for 2024 if he's over 65). The 1099-C amount would count toward that threshold. So if his SSDI benefits plus the $8,200 canceled debt amount is less than the standard deduction, he still wouldn't be required to file. However, if it puts him over that threshold, then yes, he would need to file - but should definitely look into the insolvency exception in that case.
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Zoe Stavros
Has your father looked into filing Form 8275 (Disclosure Statement) along with the Form 982 for the insolvency exclusion? It allows you to fully explain unusual tax situations to avoid triggering automatic audits. I used it last year when dealing with a complicated 1099-C situation where I needed to explain why the canceled debt shouldn't be treated as income.
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Jamal Harris
•Form 8275 seems risky to me. I've heard it's like waving a red flag at the IRS saying "look at me!" Wouldn't it be better to just file Form 982 and only provide additional explanation if they actually question it?
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