Internal Revenue Service United States Department of the Treasury
Level Basic Intermediate Advanced Military International

Cancellation of Debt (COD)

Cancellation of Debt—Basics

Recourse vs. Nonrecourse Debt

Debt for which a borrower is personally liable is referred to as recourse debt. All other debt is referred to as nonrecourse debt. Whether a debt is recourse or nonrecourse may vary from state to state, depending on state law.

If a lender cancels a debt and issues Form 1099-C, the lender will indicate on the form in box 5 if the borrower was personally liable (recourse) for repayment of the debt. The tax impact depends on the type of debt - recourse or nonrecourse.

  Recourse Debt Nonrecourse Debt

Borrower is…

Personally liable

Not personally liable

Tip

If property securing the debt was foreclosed on or abandoned, the taxpayer may need to report the disposition (sale) on Form 8949, Sales and Other Dispositions of Capital Assets, and Schedule D, Capital Gains and Losses. This is covered in detail in this course.

Tip

Generally, if the taxpayer abandons property that secures debt for which the taxpayer is personally liable, the taxpayer does not have gain or loss until the later foreclosure is completed.

If the taxpayer abandons property that secures debt for which the taxpayer is not personally liable, the abandonment is treated as a sale or exchange. For more information on abandonments see Publication 4681.

Top of Form 1099-C with highlight on Box 5 and Form 8949.
Form 1099-C
Form 8949
Schedule D

Form 1099-C

Form 8949

Schedule D