Question about Charge Offs

In A Jam

Earning My Ears
Joined
Jul 10, 2006
Charge offs stay on a credit report for 7 years, right? When does that 7 year mark start? Is it when the account first charges off or when the account has been paid off.

Background:

I had several credit cards and due to circumstances some were charged off. I have started with a credit counseling company and am making monthly payments to each credit now.

I did have one account that was charged off and went to an collection agency. I paid that off last year.

I am working to get my credit back on track. I did take out a personal loan (I had a cosigner) and I am making ontime monthly payments. I also have a couple credits cards now (VERY low limits). They are being used to help raise my credit score (they report monthly). I am trying not to go crazy with them now.

I am still behind on payments for some things, but am working to get everything caught back up.
 
7 years from last activity.

Some people have had success negotiating with the companies to take them off the reports, either when they pay off a chargeoff or by disputing them. At the very least, it should be reporting as a "paid charge off"
 
Yep, 7 years. When possible try to negotiate a removal of the tradeline (or a positive tradeline) in exchange for payment.

Also, if they offer you a settlement for less than your balance, the differance must be reported as income. If you owed $1000 and the offer you to settle it for $600, then you must report the $400 differance on your tax return.
 


Did the collection agency buy the debt? Or were they assigned the debt? There's a very good chance (especially if the CA bought the debt) that your original tradeline went unchanged and will fall off 7 years from date of last delinquincy. On the flipside, you probably have a tradeline from the CA now which looks worse.

You can call the credit bureaus and ask for an estimated date that any account will fall off. They can tell by your history your dates of last delinquincy and activity when your account is scheduled to fall off (provided there are no other changes between then and now)
 
Chicago526 said:
Yep, 7 years. When possible try to negotiate a removal of the tradeline (or a positive tradeline) in exchange for payment.

Also, if they offer you a settlement for less than your balance, the differance must be reported as income. If you owed $1000 and the offer you to settle it for $600, then you must report the $400 differance on your tax return.

This is not true. You may get a 1099-C form to fill out. IF you do not receive this then you do not have to report the difference unless you feel like donating to the government. 90% of the time you will never see this form.
 


I had a chargeoff that fell off my CR a few months ago, raised my FICO a whopping 3 points... :)
 
tinatark said:
7 years from last activity.

Some people have had success negotiating with the companies to take them off the reports, either when they pay off a chargeoff or by disputing them. At the very least, it should be reporting as a "paid charge off"


This is the exact answer I was going to post!!! 7 years from last activity.

And keep any paperwork you have on what you paid. I work at a mortgage company and so many times we have to try to prove what was paid or not paid 5 years ago...the customers don't always know or remember, the bank may not even exist anymore...you get the picture. It causes more headaches and stress for people who are excited & already stressing about buying a house! Sometimes people even end up having to payoff old charge offs in order to qualify for the mortgage (every situation differs).
 
Jon99 said:
I had a chargeoff that fell off my CR a few months ago, raised my FICO a whopping 3 points... :)

A lot of times, if the chargeoff is one of your older accounts, the chargeoff status starts to mean less than the age. Sounds like yours was close to being one of your older accounts. I've seen a lot of people on Creditboards say their FICO actually tanked when the chargeoffs came off because it killed their age.
 
Keep all paperwork of everything you pay off(obviously your phone bills each month and stuff like that is not needed). If you close a bank account get a statement with the 0 balance and keep it for 20 years at least. I cannot tell you how many thousands of times I have seen people come to the forums on a paid debt that some scum CA comes after them for 10 years later. Just had someone email me on a paid bounced check from 6 years ago. The CA started threatening criminal action(illegal) even though the consumer sent them a receipt. Obviously that CA is now being sued.
 
picantel said:
This is not true. You may get a 1099-C form to fill out. IF you do not receive this then you do not have to report the difference unless you feel like donating to the government. 90% of the time you will never see this form.

That's not my understanding, every source I've ever read on the topic says that you need to include it in your income. Here's the most recent article I've read on the topic.

Of course no one should ever 100% rely on advice they get from message boards (even my own! ;) ), always ask a profesional! :)

http://moneycentral.msn.com/content/Taxes/Cutyourtaxes/P59989.asp

The debt-discharge surprise
Congratulations again! You convinced your credit card companies that, unless they reduce your debt balances, you’re going to file for bankruptcy, and they’re going to get nothing. They generously lowered you liability by $5,000 so you can pay off the balance over the next 24 months.

Here’s the nasty surprise: That $5,000 reduction is now ordinary income to you and could cost you as much as $1,750 in additional income tax -- if you're in the 35% bracket in 2005 and 2006. So much for getting your cash flow in order.

Unless it was sheltered by the umbrella of bankruptcy, debt reduction represents accession to wealth, clearly realized, and it is considered taxable income.
 
only if you get the form. if you do not get one then do not report it. Not all agencys do send them out.
 
picantel said:
only if you get the form. if you do not get one then do not report it. Not all agencys do send them out.

Well, if you don't get the form (so the IRS doesn't get their copy), then the IRS has no way of knowing that you were supposed to report it. However, the tax code is pretty clear that you are obligated to report it - since it is income.
 
The emphasis in all of this is that the chargeoff will fall off seven years after your DOLA (date of last activity). This means seven years after you either pay it off completely or seven years after you just stop paying it.

Just like the 1099 issue, the ethics part is up to you.
 
dawnball said:
Well, if you don't get the form (so the IRS doesn't get their copy), then the IRS has no way of knowing that you were supposed to report it. However, the tax code is pretty clear that you are obligated to report it - since it is income.
Exactly. And you can bet your last dollar that the company does have a record of the transaction. If they are ever audited, the IRS will find out that you had "earned income" that went unreported by you. It's always good to just do the right thing, especially when the IRS is involved ;) I run into this issue with mystery shopping a lot - you only get a 1099 if you make more than $600 from the company. That doesn't mean you don't HAVE to report it if you make less than that. Many people get confused by that.
 
luckofthedraw said:
The emphasis in all of this is that the chargeoff will fall off seven years after your DOLA (date of last activity). This means seven years after you either pay it off completely or seven years after you just stop paying it.

Just like the 1099 issue, the ethics part is up to you.

This is not true also. Where do you people come up with this stuff. If it was charged off 5 years ago and you pay it off then it comes off in 2 years- not 7. And once again you need only report the income if you RECEIVE A FREAKING 1099-C.
 
picantel said:
This is not true also. Where do you people come up with this stuff.
Why the hostility??? I will tell you where I come up with my info - the credit bureaus and the IRS. I have dealt with identity theft, inaccurate credit reports, and unearned income since the mid 90s.

picantel said:
If it was charged off 5 years ago and you pay it off then it comes off in 2 years- not 7
This depends on the type of account, but for the most part is basically true, especially thanks to a fairly "new" law that is finally being enforced by the FCRA.
http://www.consumerinfo.com/cb/juno/cm/expert/report_periods/cycling_off.asp said:
Each Time An Account Passes To A New Collector, Does The 7-Year Drop-Off Cycle Start Again?

Does the process of transferring delinquent accounts from one collector to another allow for a bad credit item to stay on a credit report indefinitely by causing the seven-year cycle to start anew each time a credit item is reassigned to a new collector? If not, what can be done to stop the process?

In general, most negative account information cycles off your credit report automatically after seven years. In the past, however, collection accounts could be restarted over and over again due to the practice of reselling them to various agencies. Every time the account was sold to a new agency, a new start date would be generated on the consumer’s credit report and, so, a new seven-year cycle would begin.

To deal with this special situation, the Federal Consumer Credit Reporting Reform Act of 1996 included a section pertaining directly to the reporting of collection accounts. According to the act, any account reported in collections on or after April 1, 1997 may only be reported for one, continuous seven-year period, regardless of how many times it changes hands. Accounts reported in collections before that date could conceivably be re-reported one more time, but from that point on, the seven-year rule would stick.

For example, if you had an account go into collections in 1992, the notation would stay on your report for seven years, until 1999. If the debt was resold in 1995, another seven-year cycle would start, and that notation would come off in 2002. But, if it was sold again in 1998, that would be the last start date of any seven-year cycle. In other words, that account could never again appear on your report, paid or not, after 2005.

So, any collection account placed on your credit report on or after April 1, 1997 can remain on a credit report for only seven years, no matter how many times it changes hands in the future.

picantel said:
And once again you need only report the income if you RECEIVE A FREAKING 1099-C.
This is NOT TRUE! As I stated before, companies are not required to file 1099s for every person they pay money to as a way to lower paperwork. Part of the paperwork reduction act. BUT that does not remove the taxpayer's responsibility to report the income. This is for any income, not just forgiven debt. It is for self employed income (I have a lot of experience with this for mystery shopping and merchandising), babysitting, providing other services - basically any kind of MISCELLANEOUS income which is what a 1099 is for. I don't understand why someone gets so irritated without even checking the "facts" they are providing to see if they are accurate or not.

http://www.irs.gov/publications/p17/ch12.html#d0e29849 said:
Canceled Debts
Generally, if a debt you owe is canceled or forgiven, other than as a gift or bequest, you must include the canceled amount in your income. You have no income from the canceled debt if it is intended as a gift to you. A debt includes any indebtedness for which you are liable or which attaches to property you hold.

If the debt is a nonbusiness debt, report the canceled amount on Form 1040, line 21. If it is a business debt, report the amount on Schedule C or Schedule C-EZ (Form 1040) (or on Schedule F, Profit or Loss From Farming (Form 1040), if the debt is farm debt and you are a farmer).

Form 1099-C. If a Federal Government agency, financial institution, or credit union cancels or forgives a debt you owe of $600 or more, you will receive a Form 1099-C, Cancellation of Debt. The amount of the canceled debt is shown in box 2.

Interest included in canceled debt. If any interest is forgiven and included in the amount of canceled debt in box 2, the amount of interest will also be shown in box 3. Whether or not you must include the interest portion of the canceled debt in your income depends on whether the interest would be deductible if you paid it. See Deductible debt, under Exceptions, later.

If the interest would not be deductible (such as interest on a personal loan), include in your income the amount from Form 1099-C, box 2. If the interest would be deductible (such as on a business loan), include in your income the net amount of the canceled debt (the amount shown in box 2 less the interest amount shown in box 3).

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 1040X if the statute of limitations for filing a claim is still open. The statute of limitations generally does not 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. Certain student loans contain a provision that all or part of the debt incurred to attend the qualified educational institution will be canceled if you work for a certain period of time in certain professions for any of a broad class of employers.

You do not have income if your student loan is canceled after you agreed to this provision and then performed the services required. To qualify, the loan must have been made by:
The Federal Government, a state or local government, or an instrumentality, agency, or subdivision thereof,

A tax-exempt public benefit corporation that has assumed control of a state, county, or municipal hospital, and whose employees are considered public employees under state law, or

An educational institution:

Under an agreement with an entity described in (1) or (2) that provided the funds to the institution to make the loan, or

As part of a program of the institution designed to encourage students to serve in occupations or areas with unmet needs and under which the services provided are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization.


Section 501(c)(3) organizations are defined in Publication 525.

A loan to refinance a qualified student loan will also qualify if it was made by an educational institution or a tax-exempt 501(a) organization under its program designed as described in (3)(b) above.

Deductible debt. You do not have income from the cancellation of a debt if your payment of the debt would be deductible. This exception applies only if you use the cash method of accounting. For more information, see chapter 5 of Publication 334, Tax Guide for Small Business.

Education loan repayment assistance. Education loan repayments made to you by the National Health Service Corps Loan Repayment Program (NHSC Loan Repayment Program) or a state education loan repayment program eligible for funds under the Public Health Service Act are not taxable if you agree to provide primary health services in health professional shortage areas. For more information, see Publication 970, Tax Benefits for Education.

Price reduced after purchase. Generally, if the seller reduces the amount of debt you owe for property you purchased, you do not have income from the reduction. The reduction of the debt is treated as a purchase price adjustment and reduces your basis in the property.

Excluded debt. Do not include a canceled debt in your gross income in the following situations.
The debt is canceled in a bankruptcy case under title 11 of the U.S. Code. See Publication 908, Bankruptcy Tax Guide.

The debt is canceled when you are insolvent. However, you cannot exclude any amount of canceled debt that is more than the amount by which you are insolvent. See Publication 908.

The debt is qualified farm debt and is canceled by a qualified person. See chapter 3 of Publication 225, Farmer's Tax Guide.

The debt is qualified real property business debt. See chapter 5 of Publication 334.

The cancellation is intended as a gift.

It does NOT say "if you don't receive a 1099 you don't have to report the money" or "you only have to report if you receive a 1099". It is dangerous to give out or accept tax info/advice because everyone thinks they are an expert.

To the OP - Obviously there is a difference of opinion - your best bet is to consult a certified tax consultant. But the above info is straight from the IRS website btw. HTH!

As an aside I find this part of the tax law is hilarious
IRS website said:
Stolen property. If you steal property, you must report its fair market value in your income in the year you steal it unless in the same year, you return it to its rightful owner.
:rotfl:
 
jenr812 said:
It does NOT say "if you don't receive a 1099 you don't have to report the money" or "you only have to report if you receive a 1099". It is dangerous to give out or accept tax info/advice because everyone thinks they are an expert.

No it does not say that, but the article does state that the amount is in BOX 2 of the 1099. If there is no 1099, there is no BOX 2 and hence no amount

Form 1099-C. If a Federal Government agency, financial institution, or credit union cancels or forgives a debt you owe of $600 or more, you will receive a Form 1099-C, Cancellation of Debt. The amount of the canceled debt is shown in box 2.

Just being a nerd, sorry I could not ressist.
 
Anewman said:
No it does not say that, but the article does state that the amount is in BOX 2 of the 1099. If there is no 1099, there is no BOX 2 and hence no amount

Just being a nerd, sorry I could not ressist.
Nerd!! :p It says *IF* the debt is over $600 then you'll get the 1099 and then you'll report the amount in box 2. But otherwise there is STILL an amount - you just have to add up your income by yourself :teacher:
Generally, if a debt you owe is canceled or forgiven, other than as a gift or bequest, you must include the canceled amount in your income.
bolding mine ;) :p
 

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