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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) has the strength to do such what. Just like your employer ought to be needed to send a W-2 to you every year, a lender is needs to send 1099 forms to every borrowers that debt forgiven. That said, just because lenders will be required to send 1099s does not mean that you personally automatically will get hit having a huge goverment tax bill. Why? In most cases, the borrower is a corporate entity, and you might be just an individual guarantor. I know that some lenders only send 1099s to the borrower. Effect of the 1099 on your personal situation will vary depending on transfer pricing kind of entity the borrower is (C-Corp, S-Corp, LLC, etc). Most CPAs will have the option to explain how a 1099 would manifest itself.

Example: Mary, an American citizen, is single and lives in Bermuda. She earns a salary of $450,000. Part of Mary's income will be subject to U.S. income tax at the 39.6% tax rate.

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