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I've had clients ask me to make use of to negotiate the taxability of debt forgiveness. Unfortunately, no lender (including the SBA) is able to do such a thing. Just like your employer is to send a W-2 to you every year, a lender is necessary send 1099 forms to every borrowers who have debt forgiven. That said, just because lenders needed to send 1099s doesn't mean that you personally automatically will get hit having a huge tax bill. Why? In most cases, the borrower is a corporate entity, and you are just an individual guarantor. I know that some lenders only send 1099s to the borrower. The impact of the 1099 in your own personal situation will vary depending precisely what kind of entity the borrower is (C-Corp, S-Corp, LLC, etc). Most CPAs will able to to explain how a 1099 would manifest itself.

If the internal revenue service decides that pain and suffering isn't valid, a new amount received by the donor might be considered something special. Currently, there is a gift limit of $10,000 a year per personal. So, it may be best to pay/receive it over a two-year tax timetable. Likewise, be sure a check or wire transfer comes from each participant. Again, not over $10,000 per gift giver each is possibly deductible.

Copyright 2010 by RioneX IP Group LLC. All rights scheduled. This material may be freely copied and distributed subject to inclusion within this copyright notice, author information and all the hyperlinks are kept unchanged.

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