IRS · Official form

Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness

Form 982 is how you tell the IRS that canceled debt qualifies to be excluded from your income, for example because of bankruptcy or insolvency, and how you reduce tax attributes in exchange. Fill in the official IRS PDF below and download it.

This is the genuine IRS PDF, unmodified. Source: IRS official page.

What is 982?

Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), determines how much discharged debt can be excluded from gross income under section 108. Canceled debt is normally taxable income, but exclusions apply in situations such as bankruptcy, insolvency, qualified farm debt, and qualified real property business debt.

Excluding the income has a cost: the taxpayer generally must reduce tax attributes, such as net operating losses, credit carryovers, capital loss carryovers, and the basis of property. Part II of the form records those reductions.

Who files 982?

  • Taxpayers whose debt was discharged in a title 11 bankruptcy case
  • Taxpayers who were insolvent immediately before a debt was canceled
  • Farmers and real property businesses excluding qualified farm or qualified real property business debt
  • Anyone who received a Form 1099-C and qualifies for a section 108 exclusion

How to fill out 982

  1. In Part I, check the box for the exclusion that applies, such as bankruptcy, insolvency, or qualified farm indebtedness, and enter the total amount of discharged debt you are excluding.
  2. If you are electing to reduce the basis of depreciable property first, check that box and enter the amount.
  3. In Part II, allocate the excluded amount against your tax attributes in the required order: losses, credits, and basis.
  4. Complete Part III only if a section 1082 basis adjustment for corporations applies.
  5. Download the finished PDF and attach it to your federal income tax return for the year the debt was discharged.

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Frequently asked questions

I got a Form 1099-C. Do I automatically owe tax on it?

Not necessarily. Canceled debt is income unless an exclusion applies. If you were in bankruptcy or insolvent, or another section 108 exclusion fits, Form 982 is how you claim it. Otherwise the amount generally goes on your return as other income.

How do I show I was insolvent?

Insolvency means your total liabilities exceeded the fair market value of your total assets immediately before the discharge. The exclusion is limited to the amount of insolvency, and you should keep a worksheet of assets and liabilities as support.

What does reducing tax attributes actually mean?

In exchange for not paying tax on the canceled debt now, you give up future tax benefits: net operating losses, certain credits, capital loss carryovers, and property basis are reduced in the order the form prescribes.