The insolvency exclusion under IRC Section 108(a)(1)(B) is the most commonly used exclusion for 1099-C income and is available to anyone regardless of whether they filed bankruptcy.
How to Calculate Insolvency
Insolvency is calculated immediately before the debt cancellation:
- List all assets: Bank accounts, investments, real estate (fair market value), vehicles, personal property, retirement accounts (in some cases)
- List all liabilities: All debts including mortgages, car loans, credit cards, student loans, medical debt, tax debt
- Calculate: Total Liabilities minus Total Assets = Insolvency Amount
Example
Total assets: $50,000. Total liabilities: $80,000. Insolvency amount: $30,000. If a creditor cancels $25,000 of debt, the entire $25,000 is excluded because it is less than the $30,000 insolvency amount. If $35,000 was cancelled, only $30,000 would be excluded, and $5,000 would be taxable.
What Counts as an Asset?
The IRS includes virtually everything you own: cash, bank balances, real estate equity, vehicle value, investment accounts, business interests, and personal property. Whether retirement accounts count is debated -- some tax professionals exclude ERISA-protected retirement accounts from the calculation, which can increase your insolvency amount.
Filing the Exclusion
Report the exclusion on IRS Form 982, checking box 1b (insolvency). Enter the excluded amount on line 2. Note that the exclusion may require reducing certain "tax attributes" (NOLs, credits, basis) as specified in Section 108(b), but for most individuals this has no practical impact.