If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the canceled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven or the property is abandoned or foreclosed, the amount you received as loan proceeds is reportable as income. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-A, Acquisition or Abandonment of Secured Property, or Form 1099-C, Cancellation of Debt.
File Form 1099-A, Acquisition or Abandonment of Secured Property, for each borrower if you lend money in connection with your trade or business and, in full or partial satisfaction of the debt, you acquire an interest in property that is security for the debt, or you have reason to know that the property has been abandoned. You need not be in the business of lending money to be subject to this reporting requirement.
If, in the same calendar year, you cancel a debt in connection with a foreclosure or abandonment of secured property, it is not necessary to file both Form 1099-A and Form 1099-C, Cancellation of Debt, for the same debtor. You may file Form 1099-C only. You will meet your Form 1099-A filing requirement for the debtor by completing boxes 4, 5, and 7 on Form 1099-C. However, if you file both Forms 1099-A and 1099-C, do not complete boxes 4, 5, or 7 on Form 1099-C.
1. Lender Details: Lender’s Name, TIN, and Address.
2. Borrower Details: Borrower’s Name, TIN, and Address.
3. Date of lender’s acquisition or knowledge of abandonment.
4. Balance of principal outstanding.
5. Fair Market Value (FMV) of property.
6. Description of the property.
There are several exceptions to filing a 1099-A form with the IRS. Here are some of the most common:
Debt amount is less than $600: If the outstanding debt on the secured property is less than $600, you are not required to file a 1099-A.
Debtor is not engaged in a trade or business: If the debtor is not engaged in a trade or business, you are not required to file a 1099-A. This includes individuals who are not self-employed or who do not use the property for business purposes.
Debt is not discharged in connection with a foreclosure or abandonment: If the debt is not discharged in connection with a foreclosure or abandonment, you are not required to file a 1099-A. This includes situations where the debtor sells the property or pays the debt in full.
Property is a qualified residence: If the property is a qualified residence, you are not required to file a 1099-A. A qualified residence is a dwelling unit that is used by the taxpayer as a principal residence or a second home.
Section 409A deferrals: If the debt was deferred under Section 409A of the Internal Revenue Code, you are not required to file a 1099-A. This includes situations where the debtor is a public utility or a railroad.
Excess golden parachute payments: If the debt was incurred in connection with an excess golden parachute payment, you are not required to file a 1099-A. A golden parachute payment is a large payment made to an executive upon termination of their employment. Nonqualified deferred compensation: If the debt was incurred in connection with nonqualified deferred compensation, you are not required to file a 1099-A. Nonqualified deferred compensation is compensation that is earned but not paid until a later date.
For more information on the exceptions of 1099-A refer IRS official page
Filing Type | Due Date |
Recipient Copy | Jan 31, 2025 |
IRS eFile | March 31, 2025 |
IRS Paper Filing | Feb 28, 2025 |
1. What are the Form 1099-A Late Filing Penalties?
While Form 1099-A is used to report the acquisition or abandonment of secured property, it is not subject to late filing penalties unless it is also associated with a Form 1099-C. Form 1099-C reports the cancellation of debt, and the late filing penalties for these forms are applied together.
Here's a breakdown of the penalties:
Late Filing Penalties:
Year Due | Up to 30 Days Late |
31 Days Late Through August 1 |
After August 1 or Not Filed |
Intentional Disregard |
2024 | $60 | $120 | $310 | $630 |
2. What are the forms 1099-A copies?
There are three designated copies of IRS Form 1099-A, each serving a distinct purpose in the reporting process:
Copy A: This version is submitted to the IRS by the lenders for official record-keeping.
Copy B: Lenders are required to provide this copy to the borrower for their records and tax reporting.
Copy C: Retained by the lender, this copy serves as an internal record of the transaction for documentation purposes.
3. What are some common mistakes made with 1099-A filing?