Discussion:Debt relief fee

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I would guess that a judge would hold that the primary purpose of the advice was to reduce the debt, and that the generation of income was a necessary nuisance. No one wants to generate this kind of income.}} I would guess that a judge would hold that the primary purpose of the advice was to reduce the debt, and that the generation of income was a necessary nuisance. No one wants to generate this kind of income.}}
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 +{{ForumReplyPost|UserID=Jdugancpa|Date=12 April 2009|Text=Be happy to, Crow. Loan me $100 and then hit me with the 1099-c. I'll be happy to pay the gov't its fair share.}}

Revision as of 01:16, 12 April 2009

Discussion Forum Index --> Basic Tax Questions --> Debt relief fee
Discussion Forum Index --> Tax Questions --> Debt relief fee

Taxking00 (talk|edits) said:

11 April 2009
Have a client that used a debt relief company to consolidate their debt. They paid a fee to the company, would this fee be tax deductible?

Skasselea (talk|edits) said:

11 April 2009
Why would it be?

Taxking00 (talk|edits) said:

11 April 2009
That's what I am thinking....client asked if it would be, so I am checking.

Skasselea (talk|edits) said:

11 April 2009
No, it's not.

Taxking00 (talk|edits) said:

12 April 2009
Actually, having thought it over why wouldnt it be... the fee produced income (debt relief). WHy wouldnt the fee be considered investment expense subject to 2%? Investment fees paid are deductible if they are paid in an attempt to generate income. THe debt consolidation company created income by getting debt relief.

CrowJD (talk|edits) said:

12 April 2009
Taxking, you are seeing the big picture, but only judges can do that.

I'd take a look at the statutory language very carefully, and give the words their dictionary interpretation (narrow). Maybe there are some TC cases that have dealt with the definition of investment.

I would guess that a judge would hold that the primary purpose of the advice was to reduce the debt, and that the generation of income was a necessary nuisance. No one wants to generate this kind of income.

Jdugancpa (talk|edits) said:

12 April 2009
Be happy to, Crow. Loan me $100 and then hit me with the 1099-c. I'll be happy to pay the gov't its fair share.