Pokemon wrote:
I am no tax expert but I thought it was the opposite. If your liabilities surpass your assets, so let's say you are at -100k. If you are forgiven 300k, then you will be taxed as if you were only forgiven 200k.
Under your system, if I have 1k in assets, I would be taxed as if only receiving 1k, even if the forgiveness is 300k. That does not ring correct to me. I do not know much about tax law though.
Yes. You would only be taxed on 1k. Here is what the IRS says:
"Example 1—amount of insolvency more than canceled debt.
In 2013, Greg was released from his obligation to pay his personal credit card debt in the amount of $5,000. Greg received a 2013 Form 1099-C from his credit card lender showing the entire amount of discharged debt of $5,000 in box 2. None of the exceptions to the general rule that canceled debt is included in income apply. Greg uses the insolvency worksheet to determine that his total liabilities immediately before the cancellation were $15,000 and the FMV of his total assets immediately before the cancellation was $7,000. This means that immediately before the cancellation, Greg was insolvent to the extent of $8,000 ($15,000 total liabilities minus $7,000 FMV of his total assets). Because the amount by which Greg was insolvent immediately before the cancellation was more than the amount of his debt canceled, Greg can exclude the entire $5,000 canceled debt from income.
When completing his tax return, Greg checks the box on line 1b of Form 982 and enters $5,000 on line 2. Greg completes Part II to reduce his tax attributes as explained under Reduction of Tax Attributes, later. Greg does not include any of the $5,000 canceled debt on line 21 of his Form 1040. None of the canceled debt is included in his income.
Example 2—amount of insolvency less than canceled debt.
The facts are the same as in Example 1 except that Greg's total liabilities immediately before the cancellation were $10,000 and the FMV of his total assets immediately before the cancellation was $7,000. In this case, Greg is insolvent to the extent of $3,000 ($10,000 total liabilities minus $7,000 FMV of his total assets) immediately before the cancellation. Because the amount of the canceled debt was more than the amount by which Greg was insolvent immediately before the cancellation, Greg can exclude only $3,000 of the $5,000 canceled debt from income under the insolvency exclusion.
Greg checks the box on line 1b of Form 982 and includes $3,000 on line 2. Also, Greg completes Part II to reduce his tax attributes as explained under Reduction of Tax Attributes, later. Additionally, Greg must include $2,000 of canceled debt on line 21 of his Form 1040 (unless another exclusion applies)."
In my earlier example, you'd have 200k in debt and 300k in liabilities, so you are insolvent to the tune of 100k. You then exclude 100k from the 300k loan forgiveness, meaning you are taxed on 200k.