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Revision as of 13:43, 16 August 2026


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I've had clients ask me to try to negotiate the taxability of debt forgiveness. Unfortunately, no lender (including the SBA) is actually able to do such a product. Just like your employer is to send a W-2 to you every year, a lender is required to send 1099 forms everybody borrowers that debt pardoned. That said, just because lenders will be required to send 1099s does not that you personally automatically will get hit having a huge government tax bill. Why? In most cases, the borrower can be a corporate entity, and you just an individual guarantor. I understand that some lenders only send 1099s to the borrower. The impact of the 1099 to your personal situation will vary depending precisely what kind of entity the borrower is (C-Corp, S-Corp, LLC, etc). Most CPAs will be able to explain how a 1099 would manifest itself.

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Structured Entity Tax Credit - The irs is attacking an inventive scheme involving state conservation tax loans. The strategy works by having people set up partnerships that invest in state conservation credits. The credits are eventually consumed and a K-1 is disseminated to the partners who then take the credits for their personal refund. The IRS is arguing that there's really no legitimate business purpose for the partnership, rendering it the strategy fraudulent.

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