id="en_US_2025_publink1000171956"> Discounted mortgage loan. If your financial institution offers a discount for the early payment of your mortgage loan, the amount of the discount is canceled debt. You must include the canceled amount in your income. Mortgage relief upon sale or other disposition. If you’re personally liable for a mortgage (recourse debt), and you’re relieved of the mortgage when you dispose of the property, you may realize gain or loss up to the fair market value of the property. Also, to the extent the mortgage discharge exceeds the fair market value of the property, it’s income from discharge of indebtedness unless it qualifies for exclusion under Excluded debt , later. Report any income from discharge of indebtedness on nonbusiness debt that doesn’t qualify for exclusion as other income on Schedule 1 (Form 1040), line 8c. If you aren’t personally liable for a mortgage (nonrecourse debt), and you’re relieved of the mortgage when you dispose of the property (such as through foreclosure), that relief is included in the amount you realize. You may have a taxable gain if the amount you realize exceeds your adjusted basis in the property. Report any gain on nonbusiness property as a capital gain. See Pub. 4681 for more information. Stockholder debt. If you’re a stockholder in a corporation and the corporation cancels or forgives your debt to it, the canceled debt is a constructive distribution that’s generally dividend income to you. For more information, see Pub. 542, Corporations. If you’re a stockholder in a corporation and you cancel a debt owed to you by the corporation, you generally don’t realize income. This is because the canceled debt is considered as a contribution to the capital of the corporation equal to the amount of debt principal that you canceled. Repayment of canceled debt. If you included a canceled amount in your income and later pay the debt, you may be able to file a claim for refund for the year the amount was included in income. You can file a claim on Form 1040-X, Amended U.S. Individual Income Tax Return, if the statute of limitations for filing a claim is still open. The statute of limitations generally doesn’t end until 3 years after the due date of your original return. Exceptions There are several exceptions to the inclusion of canceled debt in income. These are explained next. Student loans. Generally, if you are responsible for making loan payments, and the loan is canceled or repaid by someone else, you must include the amount that was canceled or paid on your behalf in your gross income for tax purposes. However, in certain circumstances, you may be able to exclude amounts from gross income as a result of the cancellation or repayment of certain student loans. These exclusions are for: Student loan cancellation due to meeting certain work requirements; Cancellation of certain loans after December 31, 2020, and before January 1, 2026 (see Special rule for student loan discharges for 2021 through 2025 , later); or Certain student loan repayment assistance programs. Exclusion for student loan cancellation due to meeting certain work requirements. If your student loan is canceled in part or in whole in 2025 due to meeting certain work requirements, you may not have to include the canceled debt in your income. To qualify for this work-related exclusion, your loan must have been made by a qualified lender to assist you in attending an eligible educational organization described in section 170(b)(1)(A)(ii). In addition, the cancellation must be pursuant to a provision in the student loan that all or part of the debt will be canceled if you work: For a certain period of time, In certain professions, and For any of a broad class of employers. . The cancellation of your loan won’t qualify for tax-free treatment if it was made by an educational organization or tax-exempt section 501(c)(3) organization and was canceled because of the services you performed for either organization. See Exception , later. . Educational organization described in section 170(b)(1)(A)(ii). This is an educational organization that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities. Qualified lenders. These include the following. The United States, or an instrumentality or agency thereof. A state or territory of the United States; or the District of Columbia; or any political subdivision thereof. A public benefit corporation that is tax exempt under section 501(c)(3); and that has assumed control of a state, county, or municipal hospital; and whose employees are considered public employees under state law. An educational organization described in section 170(b)(1)(A)(ii), if the loan is made: As part of an agreement with an entity described in (1), (2), or (3) under which the funds to make the loan were provided to the educational organization; or Under a program of the educational organization that is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs where services provided by the students (or former students) are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization. Special rule for student loan discharges for 2021 through 2025. The American Rescue Plan Act of 2021 modified the treatment of student loan forgiveness for discharges in 2021 through 2025. Generally, if you are responsible for making loan payments, and the loan is canceled or repaid by someone else, you must include the amount that was canceled or paid on your behalf in your gross income for tax purposes. However, in certain circumstances, you may be able to exclude this amount from gross income if the loan was one of the following. A loan for postsecondary educational expenses. A private education loan. A loan from an educational organization described in section 170(b)(1)(A)(ii). A loan from an organization exempt from tax under section 501(a) to refinance a student loan. See Pub. 4681 and Pub. 970 for more information. Loan for postsecondary educational expenses. This is any loan provided expressly for postsecondary education, regardless of whether provided through the educational organization or directly to the borrower, if such loan was made, insured, or guaranteed by one of the following. The United States, or an instrumentality or agency thereof. A state or territory of the United States; or the District of Columbia; or any political subdivision thereof. An eligible educational organization. Eligible educational organization. An eligible educational organization is generally any accredited public, nonprofit, or proprietary (privately owned profit-making) college, university, vocational school, or other postsecondary educational organization. Also, the organization must be eligible to participate in a student aid program administered by the U.S. Department of Education. An eligible educational organization also includes certain educational organizations located outside the United States that are eligible to participate in a student aid program administered by the U.S. Department of Education. . The educational organization should be able to tell you if it is an eligible educational organization. . Private education loan. A private education loan is a loan provided by a private educational lender that: Is not made, insured, or guaranteed under Title IV of the Higher Education Act of 1965; and Is issued expressly for postsecondary educational expenses to a borrower, regardless of whether the loan is provided through the educational organization that the student attends or directly to the borrower from the private educational lender. A private education loan does not include an extension of credit under an open-end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling. Private educational lender. A private educational lender is one of the following. A financial institution that solicits, makes, or extends private education loans. A federal credit union that solicits, makes, or extends private education loans. Any other person engaged in the business of soliciting, making, or extending private education loans. . The cancellation of your loan won’t qualify for tax-free treatment if it is canceled because of services you performed for the private educational lender that made the loan or other organization that provided the funds. . Loan from an educational organization described in section 170(b)(1)(A)(ii). This is any loan made by the organization if the loan is made: As part of an agreement with an entity described earlier under which the funds to make the loan were provided to the educational organization; or Under a program of the educational organization that is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs where the services provided by the students (or former students) are for or under the direction of a governmental unit or tax-exempt section 501(c)(3) organization. Educational organization described in section 170(b)(1)(A)(ii). This is an educational organization that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities. . The cancellation of your loan won’t qualify for tax-free treatment if it was made by an educational organization, a tax-exempt section 501(c)(3) organization, or a private education lender (as defined in section 140(a)(7) of the Truth in Lending Act) and was canceled because of the services you performed for either such organization or private education lender. See Exception , later. . Section 501(c)(3) organization. This is any corporation, community chest, fund, or foundation organized and operated exclusively f
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