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(Yahoo)   Department of Education cancels woman's $91,000 student loans due to her total disability. IRS now wants $26,000 in "back taxes" because the cancelled student loans count as income   (gma.yahoo.com) divider line 279
    More: Sick, IRS, loan debt, New Jersey, student loans, credit reporting agency, federal student loans, back taxes, disability pension  
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9138 clicks; posted to Main » on 06 Apr 2012 at 10:40 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-04-06 08:45:32 PM
That's . . . Odd. I'm sure there are people trying to abuse the system that might be manipulating debt cancellation, but it seems fairly obvious that someone with a clear permanent disability isn't going to be getting rich on student debt cancellation.

I hope the IRS figures this out in a farming hurry.
 
2012-04-06 08:46:07 PM
SphericalTime: That's . . . Odd. I'm sure there are people trying to abuse the system that might be manipulating debt cancellation, but it seems fairly obvious that someone with a clear permanent disability isn't going to be getting rich on student debt cancellation.

I hope the IRS figures this out in a farming hurry.


Farking hurry, rather. Damned autocorrect.
 
2012-04-06 08:47:58 PM
I heard Chris Christie ate her lunch.
 
2012-04-06 08:52:06 PM
Oooooooooooooooooobama's fault.
 
2012-04-06 08:56:56 PM
bigpeeler: Oooooooooooooooooobama's fault.

FTA...In fact, the Department of the Treasury has specifically stated that student loans cancelled due to the Death and Disability Discharge (Section 437(a) of the Higher Education Act of 1965) are taxable.


It's true! President Obama time travelled back to when he was 4-years old and made discharged student loans taxable! The fiend!
 
2012-04-06 08:58:07 PM
Sure thing -- as soon as every other loan dismissal is subject to the same. What's that? It'll never happen? Great: Make this never happen again either.
 
2012-04-06 08:59:18 PM
Only in America can not seeing any actual income be taxed for income.
 
2012-04-06 08:59:43 PM
Meh, the country is broke, they are turning over every rock and squeezing every turnip.......except for the rich folk......
 
2012-04-06 09:02:50 PM
SphericalTime: That's . . . Odd. I'm sure there are people trying to abuse the system that might be manipulating debt cancellation, but it seems fairly obvious that someone with a clear permanent disability isn't going to be getting rich on student debt cancellation.

I hope the IRS figures this out in a farming hurry.


There probably isn't a direct way to show why it was forgiven. It's probably an automatic rule somewhere. The IRS also probably can site precedent to ignore the taxes and will once it's pointed out.
 
2012-04-06 09:06:36 PM
aybara: Only in America can not seeing any actual income be taxed for income.

It helps offset the loss of government revenue for income taxes on capital gains. See, then that money is put right back into the economy to create jobs. You've got to lose a pawn or two in the overall scheme of things.
 
2012-04-06 09:09:41 PM
I'd be remiss if I didn't note her delicious DSLs.
 
2012-04-06 09:10:45 PM
She got $91,000. Why would that be exempt from taxes?
 
2012-04-06 09:11:02 PM
gameshowhost: Sure thing -- as soon as every other loan dismissal is subject to the same. What's that? It'll never happen?

Actually, I believe all canceled loans are treated as income.
 
2012-04-06 09:12:16 PM
aybara: Only in America can not seeing any actual income be taxed for income.


Debt cancellation is a taxable benefit, it always has been. Now, in this case the IRS should have a conversation with the ED and figure out what a Total and Permanent Disability actually is, and how unlikely they are to get this money. Blood from a stone and all that, but the concept isn't a bad one.

Not all cancelled student loan debt is taxable. If Thompson's debt had been forgiven because she worked in a job that qualified her to have some or all of her debt wiped out (certain medical, teaching or law enforcement positions, for example) she wouldn't now owe the IRS some $26,000.


Yeah...that's gonna change. I'd bet anything that by 2020, after the IRS has realized how much the Public Service Loan Forgiveness plan is going to cost, they'll start taxing the loan forgiveness.
 
2012-04-06 09:14:19 PM
Shostie: gameshowhost: Sure thing -- as soon as every other loan dismissal is subject to the same. What's that? It'll never happen?

Actually, I believe all canceled loans are treated as income.


Clarification per IRS.gov:

http://www.irs.gov/newsroom/article/0,,id=174034,00.html (new window)

2. Is Cancellation of Debt income always taxable?

Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.

Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you.You are insolvent when your total debts are more than the fair market value of your total assets.Insolvency can be fairly complex to determine and the assistance of a tax professional is recommended if you believe you qualify for this exception.

Certain farm debts:If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.The rules applicable to farmers are complex and the assistance of a tax professional is recommended if you believe you qualify for this exception.

Non-recourse loans:A non-recourse loan is a loan for which the lender's only remedy in case of default is to repossess the property being financed or used as collateral.That is, the lender cannot pursue you personally in case of default.Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income.However, it may result in other tax consequences, as discussed in Question 3 below.
 
2012-04-06 09:25:52 PM
Bankruptcy

Debt canceled in a title 11 bankruptcy case is not included in your income.


We let businesses off the hook, all the time.
 
2012-04-06 09:27:35 PM
gameshowhost: Bankruptcy

Debt canceled in a title 11 bankruptcy case is not included in your income.

We let businesses off the hook, all the time.


Well, duh

/we have to look out for the campaign contributors job creators
 
2012-04-06 09:33:25 PM
MaudlinMutantMollusk: gameshowhost: Bankruptcy

Debt canceled in a title 11 bankruptcy case is not included in your income.

We let businesses off the hook, all the time.

Well, duh

/we have to look out for the campaign contributors job creators


Chapter 11 bankruptcy is also available to individuals.

Just sayin'.
 
2012-04-06 09:35:34 PM
You borrow money. You pay taxes.
 
2012-04-06 09:35:42 PM
Shostie: MaudlinMutantMollusk: gameshowhost: Bankruptcy

Debt canceled in a title 11 bankruptcy case is not included in your income.

We let businesses off the hook, all the time.

Well, duh

/we have to look out for the campaign contributors job creators

Chapter 11 bankruptcy is also available to individuals.

Just sayin'.


I was going for the joke

/went through chapter 11
 
2012-04-06 09:44:42 PM
Shostie: MaudlinMutantMollusk: gameshowhost: Bankruptcy

Debt canceled in a title 11 bankruptcy case is not included in your income.

We let businesses off the hook, all the time.

Well, duh

/we have to look out for the campaign contributors job creators

Chapter 11 bankruptcy is also available to individuals.

Just sayin'.


I know, I know.

TheDumbBlonde: You borrow money. You pay taxes.

That doesn't seem to be the principle. Try again.
 
2012-04-06 09:51:59 PM
Let me to repeat: You borrow money..you pay taxes.
 
2012-04-06 09:53:57 PM
TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So that's how mortgage deductions work?
 
2012-04-06 09:55:40 PM
TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So...just like in no other situation whatsoever?
 
2012-04-06 10:01:47 PM
MaudlinMutantMollusk: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So that's how mortgage deductions work?


Tax deductions have zero to due with forgiven debt. Ergo: tax due. Is life as a genius difficult?
 
2012-04-06 10:05:01 PM
TheDumbBlonde: MaudlinMutantMollusk: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So that's how mortgage deductions work?

Tax deductions have zero to due with forgiven debt. Ergo: tax due. Is life as a genius difficult?


It was an honest question. A mortgage is borrowed money, yet it's usually a deduction on your taxes. I'm neither a genius nor a tax accountant, and apparently, you aren't either
 
2012-04-06 10:11:27 PM
Next up, that shirt you bought for $19.99 that was 50% off? You owe taxes on your windfall.
 
2012-04-06 10:13:18 PM
MaudlinMutantMollusk: TheDumbBlonde: MaudlinMutantMollusk: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So that's how mortgage deductions work?

Tax deductions have zero to due with forgiven debt. Ergo: tax due. Is life as a genius difficult?

It was an honest question. A mortgage is borrowed money, yet it's usually a deduction on your taxes. I'm neither a genius nor a tax accountant, and apparently, you aren't either


Yes, a mortgage is borrowed money, but you get a deduction on qualifies payments on mortgage interests. This, on the other hand, is extinguishment of a debt, which has always, as a general rule, been considered taxable income by the IRS. If your bank called tomorrow and told you they were canceling the last $91,000 due on your mortgage and you didn't have to pay it, you would have to claim that as income on your tax return and you would owe taxes on that $91k.
 
2012-04-06 10:14:06 PM
MaudlinMutantMollusk: TheDumbBlonde: MaudlinMutantMollusk: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So that's how mortgage deductions work?

Tax deductions have zero to due with forgiven debt. Ergo: tax due. Is life as a genius difficult?

It was an honest question. A mortgage is borrowed money, yet it's usually a deduction on your taxes. I'm neither a genius nor a tax accountant, and apparently, you aren't either


According to the current tax law your INTEREST on your real property primary residence IS deductible. It's obvious you are not an accountant, but I will let you prove your lack of genius at your leisure.
 
2012-04-06 10:16:44 PM
Nabb1:
Yes, a mortgage is borrowed money, but you get a deduction on qualifies payments on mortgage interests. This, on the other hand, is extinguishment of a debt, which has always, as a general rule, been considered taxable income by the IRS. If your bank called tomorrow and told you they were canceling the last $91,000 due on your mortgage and you didn't have to pay it, you would have to claim that as income on your tax return and you would owe taxes on that $91k.


Thanks. That makes more sense

/never bought a house
 
2012-04-06 10:23:35 PM
dahmers love zombie: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So...just like in no other situation whatsoever?


*still waiting on that one*
 
2012-04-06 10:27:18 PM
Bathia_Mapes: (Section 437(a) of the Higher Education Act of 1965) are taxable.

Yeah that needs to be changed and fast.
 
2012-04-06 10:32:29 PM
gameshowhost: dahmers love zombie: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So...just like in no other situation whatsoever?

*still waiting on that one*


Patience. She's got a tee time at Augusta. Priorities...
 
2012-04-06 10:43:46 PM
djkutch: gameshowhost: dahmers love zombie: TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

So...just like in no other situation whatsoever?

*still waiting on that one*

Patience. She's got a tee time at Augusta. Priorities...


I suppose. Now I feel bad.
 
2012-04-06 10:44:58 PM
Hate to stick up for the IRS, and I'm not saying it's income, but...it is definitely income.
 
2012-04-06 10:46:31 PM
moviemarketing: Hate to stick up for the IRS, and I'm not saying it's income, but...it is definitely income.

It's a very odd definition of income to say that discharged debt, after all the money has been spent, all of a sudden counts as income.
 
2012-04-06 10:48:09 PM
I was using student loans to go to school and because I had a wife and kid we qualified for provincial housing, rent there is based on income..so they tried charging my rent based on student loan divided by 10 months,

I said that would be awesome as that would mean they will then help me pay my loan back when I was done school ..RIGHT? ..after a couple of months they realized they were wrong snd adjusted my rent accordingly... I paid $75 per month. rent for a two bedroom for the next two years
 
2012-04-06 10:48:14 PM
What are they going to do, garnish her disability payments?

/don't answer that.
 
2012-04-06 10:49:54 PM
SphericalTime: hope the IRS figures this out in a farming hurry.

Farking hurry, rather. Damned autocorrect.


i thought that might be some term i had not heard of. like a New York Minute or something. even so, i am still going to use it as such.
 
2012-04-06 10:50:52 PM
I have a friend who is permanently wheel-chair bound, with regular related health issues, who had some kind of student loan debt from a school she had to drop out of for related medical reasons. Far as I know, none of that got written off... I think I need to point her to this article. I don't know what they count as 'total' disability, but she's definitely at least mostly (no details due to respect of privacy). She's also super smart though and going to a different school for biochemistry now; they should be paying HER to go instead of reducing her grants every semester :(
 
2012-04-06 10:51:10 PM
cryinoutloud: What are they going to do, garnish her disability payments?

/don't answer that.


Very likely, she'll apply for an Offer in Compromise with the IRS for a lesser amount. If she's lucky, the IRS will accept it and they'll move on.
 
2012-04-06 10:51:51 PM
It's always been this way. It's also always been insanely stupid. She didn't see a penny of that money, her school did. Tax those assholes, they're the ones that actually GOT the money. The University Industry, like all the other for-profit industries these days, is getting way the fark out of hand.
 
2012-04-06 10:52:01 PM
TheDumbBlonde: Let me to repeat: You borrow money..you pay taxes.

Why pass up the opportunity to be wrong twice?

Loan proceeds accompanied by a corresponding obligation to repay are not income and thus are not subject to taxation. Loan forgiveness eliminates the obligation to repay and thus is considered an accretion to wealth.

Deductions are considered a matter of legislative grace--Congress cutting you a break--and have no real bearing on whether or not the money was taxed when it entered your hands.

/TINLA
 
2012-04-06 10:55:47 PM
WhyteRaven74: It's a very odd definition of income to say that discharged debt, after all the money has been spent, all of a sudden counts as income.

It isn't rocket science. If it hadn't been discharged it would have been repaid eventually. Provided under normal circumstances she was able to repay it. In this case she was loaned the money, spent it on school (her choice by the way) At the point they canceled her debt it became income. In other words money she received to spend on school by her choice. Doesn't matter whether or not it is spent or not.

By your theory, if I spend it its not income? In that case I have it made, I spend everything
 
2012-04-06 10:56:47 PM
Man, the Dept. of Education has been really bad at communication and explaining things lately. I applied for that special loan consolidation, with the understanding that they would check in with me if it was approved but before it happened to make sure I was chill with it. I wanted to look it over before giving it the final go-ahead to make sure it wouldn't fark up interest rates or some of my loans that don't earn interest, and to make sure my payments wouldn't go up.

I got a letter last week from Nelnet saying "Yay, you were approved and we consolidated your shiat!" Now I'm having to deal with them over it because a loan is earning interest that shouldn't be. Bah.
 
2012-04-06 10:57:27 PM
So she got a $65,000 discount.
I guess I'm supposed to congratulate her??
 
2012-04-06 10:57:27 PM
WhyteRaven74: moviemarketing: Hate to stick up for the IRS, and I'm not saying it's income, but...it is definitely income.

It's a very odd definition of income to say that discharged debt, after all the money has been spent, all of a sudden counts as income.


The interesting conundrum is that a person can keep an entire home (and other stuff) as the result of a bankruptcy, but once you add in the dismissal of student loan debt then the full-blown net-asset solvency test is applied.

Make poor decisions? No problem. Go bankrupt and we won't curse you to a doomed existence. You still got the house, a so-so car and some other stuff.

Become permanently disabled? Let's figure out a way to make your life as miserable as possible. DIAF, stupid cripple.

/makes no sense that shiatty luck is penalized more than is shiatty decision making
 
2012-04-06 10:59:24 PM
They get you coming and going, backwards and forwards, up and down, in and out, alive and dead - repeatedly. And it is our own fault because we elect people that put this claptrap in place piece by piece.
 
2012-04-06 11:00:41 PM
People get 1099'd for this stuff all the time. It just isn't the kind of thing that's terribly well know... and it isn't something that people who run ads for things like credit card debt settlement and such like people to know.

It's too bad there isn't some form to fill out granting special dispensation for cases like this, but I guess if there was, then everyone would come up with documents for having small intestines removed, pulmonary embolisms, and IV feeding sessions when they tell a lender to piss off.
 
2012-04-06 11:02:48 PM
Shostie: Very likely, she'll apply for an Offer in Compromise with the IRS for a lesser amount. If she's lucky, the IRS will accept it and they'll move on.

And then she'll get a letter from the IRS regarding the taxes she got discharged.
 
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