Amended 1996
- 1996 Pub. L. 104-134 Pub. L. 104–134, § 31001(m)(2)(D)(ii), amended section catchline generally, striking out “financial” before “entities”.
Cases: Moses v. LTD Financial Services I, Inc., 275 F. Supp. 3d 893 (N.D. Ill. 2017)
Forms: Form 1099-C; Form 1099-A
Final rules 6
(a) In general Any applicable entity which discharges (in whole or in part) the indebtedness of any person during any calendar year shall make a return (at such time and in such form as the Secretary may by regulations prescribe) setting forth—
Amended 1996
- 1996 Pub. L. 104-134 Pub. L. 104–134, § 31001(m)(2)(A), struck out “financial” before “entity” in introductory provisions.
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(1) the name, address, and TIN of each person whose indebtedness was discharged during such calendar year,
(2) the date of the discharge and the amount of the indebtedness discharged, and
(3) such other information as the Secretary may prescribe.
(b) Exception Subsection (a) shall not apply to any discharge of less than $600.
(c) Definitions and special rules For purposes of this section—
Amended 1996
- 1996 Pub. L. 104-134 Pub. L. 104–134, § 31001(m)(2)(B), added par. (1), redesignated former par. (1) as (2), and redesignated former par. (2) as (3) and substituted “(1)(A) or (2)(B)” for “(1)(B)”.
(1) Applicable entity The term “applicable entity” means—
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(A) an executive, judicial, or legislative agency (as defined in section 3701(a)(4) of title 31, United States Code), and
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(2) Applicable financial entity The term “applicable financial entity” means—
(A) any financial institution described in section 581 or 591(a) and any credit union,
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(B) the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the National Credit Union Administration, and any other Federal executive agency (as defined in section 6050M), and any successor or subunit of any of the foregoing,
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(C) any other corporation which is a direct or indirect subsidiary of an entity referred to in subparagraph (A) but only if, by virtue of being affiliated with such entity, such other corporation is subject to supervision and examination by a Federal or State agency which regulates entities referred to in subparagraph (A), and
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(D) any organization a significant trade or business of which is the lending of money.
Amended 1999
- 1999 Pub. L. 106-170 Pub. L. 106–170 added subpar. (D).
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(3) Governmental units In the case of an entity described in paragraph (1)(A) or (2)(B), any return under this section shall be made by the officer or employee appropriately designated for the purpose of making such return.
(d) Statements to be furnished to persons with respect to whom information is required to be furnished Every applicable entity required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing—
Amended 1996
- 1996 Pub. L. 104-134 Pub. L. 104–134, § 31001(m)(2)(D)(i), struck out “financial” before “entity” in introductory provisions.
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(1) the name and address of the entity required to make such return, and
(2) the information required to be shown on the return with respect to such person.
The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was made.
(e) Alternative procedure In lieu of making a return required under subsection (a), an agency described in subsection (c)(1)(A) may submit to the Secretary (at such time and in such form as the Secretary may by regulations prescribe) information sufficient for the Secretary to complete such a return on behalf of such agency. Upon receipt of such information, the Secretary shall complete such return and provide a copy of such return to such agency.
Amended 1996
- 1996 Pub. L. 104-134 Pub. L. 104–134, § 31001(m)(2)(C), added subsec. (e).