If you have received a 1099-C, DON'T PAY THE ADDITIONAL TAX until you know your rights!

If you or a debt settlement company negotiated a debt for less than the balance due and if that amount was more than $600, you most likely will receive a 1099-C.

NOW WHAT?

The 1099-C looks like you will have to pay 100% of the settled or forgiven amount, but this is simply NOT TRUE!

However, a lot of tax preparers and even CPA's don't understand this law and how exemptions are calculated.

According to IRS Form 4681, there are several exemptions to including forgiven amounts back into taxable income. On page 4 of IRS Form 4681, there is an explanation of "INSOLVENCY". 

Basically the rule states:

If at the time of the settlement or forgiveness you were INSOLVENT, then the amount of the forgiveness IS NOT INCLUDED as additional taxable income.

How do you determine if you were insolvent?

At the time of the settlement, you need to show that your liabilities were only equal to or greater than your assets.

You need to complete a basic budget showing all of your income, outgo, and assets:

• Equity in your home
• Net value of your automobile(s), boat, etc.
• Net value of jewelery, stocks, bonds, etc.
• Savings or investment accounts
• Net furniture value, coin collections, etc.

For most people who have negotiated a settlement of their credit card or cards, they usually do not have any real assets and therefore the amount forgiven is not included as additional taxable income.

You will need to complete IRS Form 982. You will check a couple of boxes and sign, and along with the Budget Worksheet, turn in with the 1099-C and your normal tax return.

Once again, don't be surprised if your tax preparer or accountant is not really up on this procedure! You might want to download IRS 4681 for them to review.

If you have already filed your taxes for the last two years and if you paid additional tax on the additional income added back into your adjusted gross income, you should file an AMENDED RETURN.

If you are still unsure of what or how to deal with a 1099-C, please let us help.

We have helped dozens of tax preparers and accountants deal with the 1099-C issue and would be glad to assist.

Got Questions? We've got ANSWERS!

877-492-4109

When your debts are out of control and you miss or get behind in payments, the creditor will do whatever they can to collect, including calling and calling and calling....

The good news is that you DON'T HAVE TO PUT UP WITH IT!

3 Tips on How to Stop Collection Calls

First Tip:

According to the Fair Debt Collection Practices Act (FDCPA), a consumer can demand that a creditor or collector STOP CALLING.

Next time the creditor or collector calls, get the address of the company.

Tell them you plan to send them "something" and need the address.

Second Tip:

Write a brief letter that states something like this:

"I realize that I am behind in my payments and have every intention of repaying this debt as soon as my circumstances improve."

"In the meantime, I am making an official request that you cease calling the following numbers: (list home, cell, etc.)"

"If these calls do not stop, I will file a formal complaint about your company with my State's Attorney Genreral's office."

Sign and date.

Third Tip:

Spend a little extra money to send the letter by CERITIFIED MAIL.

You will get a receipt and the recipient will have to sign for the letter, proving they did receive it.

If you feel overwhelmed with your debt, we can help! Simply call 877-492-4109 to speak to one of our debt solutions specialists right now or click on the link below.

If you are looking for a debt settlement company in Oregon or anywhere else in the country for that matter, there are 5 things to look for:

5 Things to Look for in an Oregon Debt Settlement Company

#1 Visit the Debt Settlement Companie's Website

Does the website offer in depth information, or is it just a landing page to capture your contact information?

A quality site will provide:

• Detailed information about your choices when faced with debt
• A blog that contains all kinds of vital information on a variety of topics
• Free downloads to useful tools
• Free consultation with a debt specialist
  

#2 Check their BBB Rating

What is the companies Better Business Bureau rating?  It is not essential that the company be "accredited" with the BBB.

In fact, the BBB is a private company that makes it's money from providing information about other companies for profit. To be "accredited", a company must pay an annual fee.

Focus on their BBB rating and complaint history!

# 3 Check to see if the company is registered with the state?

For example, any company that offers Debt Management, Debt Settlement or basically anything having to do with finance, must be registered with the Oregon Division of Finance.

There was an interesting article in the Oregonian today about an out-of-state debt settlement company that was fined for financially abusing elderly customers, so be careful and do your homework.

# 4  Go with Your Gut.

When you call the Debt Settlement Company do you feel like it is trying to help you or just trying to get you to sign up?  Having too much debt is very stressful and the last thing you need is to have someone try to give you a "one size fits all" approach to your problem.

A professional, quality debt settlement company will spend a lot of time discussing and counseling with you to determine what your best options are.

If you contact a debt settlement company and all they offer is debt settlement, HANG UP!

Your situation is unique and the answer could be one of several options including:

• Debt Management
• Debt Settlement
• Bankruptcy
• Credit Report Errors of Correction

# 5 Trust your Debt Solutions Specialist

You should feel like the person you are speaking with is knowledgeable, patient, thorough, and experienced.  If not, then trust your feelings and keep looking!

If you have too much debt and not enough income to service the minimum payments, it is time to take action before bankruptcy is your only option.

Here are 3 tips that will help you find debt relief

#1 Take a close look at your finances

You need to find out exactly where you are in your finances. In other words, you must know how much you have coming in each month and how much must go out.  One of the best things you can do is to sit down and complete a BASIC BUDGET.

BE HONEST WITH YOURSELF!

NET INCOME means this is what you have left to spend after mandatory state and federal taxes are taken out of your paycheck. If you are self employed...don't kid yourself...you are going to have to PAY UP, so deduct those taxes (including payroll if you have employees).

#2  Evaluate your debt

How much unsecured debt (credit cards, store cards, personal lines of credit, medical bills, etc.) do you have and more important, how much is the minimum payment required to meet all of them?

If you must have $500 a month just to cover the minimum payments required, and you honestly only have $350 a month after all mandatory expenses, YOU'VE ONLY GOT A COUPLE OF CHOICES.

#3  Review Your Options with an Experienced Counselor!

Don't give up and just seek bankruptcy.  Bankruptcy may end up being the best choice for you, but before you jump in, make sure you know all of your options!

• A DEBT MANAGEMENT PROGRAM

• A DEBT SETTLEMENT PROGRAM

In order to determine which program is best for you, you will need to spend a few minutes with an experienced counselor.  This service is FREE and you are under NO OBLIGATION.

Can I use debt settlement in Oregon to clear up old debts?

YES! Debt Settlement is a viable option that creditors will consider when you are facing difficult financial times.

HOW DOES DEBT SETTLEMENT WORK?

After you have been delinquent in paying your accounts, usually those accounts go into an INTERNAL RECOVERY department within the company.  During the first couple of months, you will receive numerous calls and letters about your account.  These calls can be VERY ANNOYING, and in some cases, put your job in jeopardy if they call you at work!

THE GOOD NEWS is that you can PUT A STOP TO CREDITOR CALLS.

According to the FAIR DEBT COLLECTION PRACTICES ACT (FDCPA), once you have requested/demanded that the creditor stop calling you, they must stop!  If they continue, you can report them to the State Attorney General's office and they may be subject to a hefty fine!

After approximately 120-180 days, if the creditor has not bee successful in getting you to start paying again they may offer your a Hardship Plan. Before you agree to their offer of a "HARDSHIP PLAN", you need to read  BEWARE OF SO-CALLED HARDSHIP PLANS!

If you choose to decline the Hardship Plan, your account wil be CHARGED OFF, it will be placed with a COLLECTION AGENCY.  This agency may also be a law firm that only specializes in debt collection.

At this point, the calls and letters start again! Even though you requested that the original creditor stop calling, now your account has been placed or sold to a different company and you must send the demand-to-stop calling letter again!

Your account has now been delinquent for approximately 6 months, and depending on your circumstances, a settlement offer of 50% or less may be possible.  It takes a lot of time and effort to secure a good settlement, but settlements can and are negotiated all the time.

Click here for some ACTUAL SETTELMENT EXAMPLES.

If you are able to negotiate a good settlement (50% or less), before you send money or agree to a check-by-phone, GET THE SETTLEMENT AGREEMENT IN WRITING!

Many consumers have made a verbal agreement over the phone, authorized a settlement payment, and then find out that the company claims that the payment was just toward the ENTIRE BALANCE, and not a settlement-as-agreed.

Yes, DEBT SETTLEMENT IN OREGON as well as most all states is possible, but time consuming.  We have been helping people become DEBT FREE through DEBT SETTLEMENT FOR MANY YEARS  and may be able to help you also.