Forever. In short...the SOL does not run until a complete return is filed (and many things "toll" - meaning stop the counting - afterward - like the time between receiving and responding t oa letter from the IRS. Failing to file a rerturn simply means the SOL never starts, and you are perpetually open to assesment - and of course, once that happens, figure you'll be audited vigouraously becakwards and forwards. A 1099 become spart of a return, which if you file and understate income by 25% also stops the SOL from running. And of course, as the IRS computers receive the same info on the 1099 you do, and look for it on the corresponding return (computers are pretty good at matching things)...is one of the easier to detect failures.
I am trying to find out the statute of limitations on issuing a 1099-C, the debt this was issued on is 16 years old and I wonder can a financial institute do this?
Receipt of a 1099 has nothing to do with a statute of limitations. By law, the 1099 should be issued no later than the end of January for the prior year.
Filing taxes are not subject to a statute of limitations. Criminal charges for failing to submit one may be subject to a limit, but the IRS has a great deal of leeway.
I'm not sure what your getting at. First the 1099C is a Federal reporting...the income it shows may be applicable to the State too, (generally is). Even if you did not receive this (or any other) 1099, it does NOT alter your obligation to report the income that was to be shown. Failure to receive (or claiming a failure to receive) a form from someone is NEVER an acceptable reason for not accuratley reporting the event. It is your obligation to receive all the forms/data you need to accurately file. Not reporting the income, especially if the one filing the correpsonding expense (to substantiate their deduction) on a form (1099 or otherwise), is likely to set off the IRS computers. If you were a lender and need to file a 1099C and didn't, their are procedures for filing them late, or amending them, all of which will require payment of a penalty. The SOL on the return reporting income a taxpayer files, (the 1040) is at least 7 years from filing and actually much more.
The amount shown on the 1099C is considered taxable income under IRS regulations and should be reported as such when filing ones tax return.
Debts do not "expire" unless the creditor cancels the debt and remits a 1099C to the debtor. There are statute of limitations for debts that are established by the laws of the debtors state which prevent a creditor from filing a civil suit to collect the debt owed. Negative credit information remains on a credit report for seven years from the DLA, (an exception could be a valid recorded judgment).
See my answer to post on "collections after 1099c???" Do you mean owe the difference to a creditor? Answer no 1099c is a confirmation that a debt has been canceled by the creditor. No further obligation of repayment by debtor is expected or can be requested. This may be income to you according to the IRS whom also gets a copy of the 1099c.
The debtor does not "file" a 1099C. The debtor may receive a 1099C from the creditor which also sends it to the IRS. The discharge of the debt in bankruptcy nullifies the 1099C. There is a form or a part of the 1040 set for disclosing this information to the IRS.
If a copy of 1099C has not been sent to the state, how would the state know?
See my answer to post "Collections after 1099c???" A creditor will send you, the debtor, (and the IRS) a copy if they have decided to cancel (forgive) your debt by issuance of a 1099c which means they will give up their right to any further collection of this debt.
Yes
Yes. A 1099C is confirmation from the creditor or lender that the debt has been cancelled and collection efforts have ended. The bad news is, the amount shown on the 1099C is considered taxable income and must be claimed on your federal tax return.
Tricky answer but you should be able to understand. If they did issue a 1099C for the debt, then they shouldn't then try to collect the balance. However, the debt maybe sold to a third party or third tiered debt organization who are generally hardcore and will ground and pound you on the phone. This shouldn't happen b\c now you will pay tax on the debt. However, like everything else in life there are always cracks and many of them. It will take 7 years from the time the last payment was made on the debt to be erased from your credit report. Don't worry about lawsuits either, although some states have a noticibly longer "statute of limitations" the only real way for them to sue you is if you are a property owner or have something to be made liquid. Hang in there.
"http://wiki.answers.com/Q/What_year_did_the_1099c_come_into_effect" 1796
No. It is highly doubtful that the bank did not send the notice as it is in their best interest to do so and also it is the law. The debtor could request proof that a 1099C was sent to them and it is almost a certainty that there will be proof.