How to Fill Out Form 982

Form 982 at a glance

What it is: Form 982 is the Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) form.

Where and when to file: Attach this form to your income tax return.

A filled-in Form 982 example: credit card debt forgiven while insolvent

Form 982 example filled out, example: credit card debt forgiven while insolvent
Jane Ann Sample files Form 982 for forgiven credit card debt. She was insolvent when her credit card debt was discharged, so she checks 1b and enters the insolvent amount on line 2. The picture shows page 1, and all its values are invented. Her liabilities were 10,000 and her assets were worth 7,000 just before the discharge. Her basis in nondepreciable property is 6,000 and, after the discharge, her property and money exceed her liabilities by 2,000, so line 10a is 2,000, the smallest of the three amounts. Boxes 1a, 1c, 1d and 1e stay empty in Part I General Information because none of those exclusions applies. Line 3 stays empty because she holds no property for sale to customers. Lines 4 to 9, 10b and 11a to 13 are left blank in Part II Reduction of Tax Attributes because she has no other tax attributes. Nothing goes in Part III Consent of Corporation to Adjustment of Basis of Its Property Under Section 1082(a)(2) because she is not a corporation.

How to fill out Form 982, box by box

Name shown on return and Identifying number

Enter the Name shown on return and the Identifying number.

Part I General Information (see instructions)

For a nonbusiness debt (other than qualified principal residence indebtedness, such as a car loan or credit card debt), follow these instructions if you don't have any of the tax attributes listed in Part II (other than a basis in nondepreciable property). Check the box on line 1a if the discharge was made in a title 11 case (see Definitions) or the box on line 1b if the discharge occurred when you were insolvent.

A “title 11 case” is a case under title 11 of the United States Code (relating to bankruptcy), but only if you are under the jurisdiction of the court in the case and the discharge of indebtedness is granted by the court or is under a plan approved by the court.

Check the box on line 1b if the discharge of indebtedness occurred while you were insolvent. You were insolvent to the extent that your liabilities exceeded the fair market value (FMV) of your assets immediately before the discharge. The insolvency exclusion doesn't apply to any discharge that occurs in a title 11 case. It also doesn't apply to a discharge of qualified principal residence indebtedness unless you elect to have the insolvency exclusion apply instead of the exclusion for qualified principal residence indebtedness.

For details and a worksheet to help calculate insolvency, see Pub. 4681.

On line 1c, check this box if the income you exclude is from the discharge of qualified farm indebtedness.

If you check the box on line 1d, the discharge of qualified real property business indebtedness is applied to reduce the basis of depreciable real property on line 4.

Only check the box on line 1e if the income you exclude is from discharge of qualified principal residence indebtedness and one of the following applies. The debt was discharged before 2026. The debt was discharged subject to an arrangement that was entered into and evidenced in writing before January 1, 2026. Caution: See instructions before checking this box if debt was discharged after 2017.

Do not check box 1e if the discharge occurs in a title 11 case. You must check the box on line 1a and not this box. If you are insolvent (and not in a title 11 case), you can elect to follow the insolvency rules by checking box 1b instead of checking box 1e.

Qualified principal residence indebtedness. This indebtedness is a mortgage you took out to buy, build, or substantially improve your main home. It must also be secured by your main home. Your principal residence is your “main home,” which is the home where you ordinarily live most of the time.

The maximum amount you can treat as qualified principal residence indebtedness is $750,000 ($375,000 if married filing separately) after 2020 and before 2026 (checked November 11, 2026).

On line 2, enter the total amount excluded from your gross income due to discharge of indebtedness under section 108. If you checked any box on lines 1b through 1e, don't enter more than the limit explained in the instructions for those lines.

For a nonbusiness debt, include on line 2 the amount of discharged nonbusiness debt that is excluded from gross income. If you were insolvent, don't include more than the excess of your liabilities over the fair market value of your assets.

You can elect under section 1017(b)(3)(E) to treat all real property held primarily for sale to customers in the ordinary course of a trade or business as if it were depreciable property. This election doesn't apply to the discharge of qualified real property business indebtedness. To make the election, check the “Yes” box.⁠[2]

Part II Reduction of Tax Attributes

If you check any of the boxes on lines 1a through 1c, you can elect, by completing line 5, to apply all or a part of the debt discharge amount to first reduce the basis of depreciable property (including property you elected on line 3 to treat as depreciable property). Any balance of the debt discharge amount will then be applied to reduce the tax attributes in the order listed on lines 6 through 13 (excluding line 10b). If you don't make the election on line 5, complete lines 6 through 13 (excluding line 10b) to reduce your attributes.

You must attach a statement describing the transactions that resulted in the reduction in basis under section 1017 and identifying the property for which you reduced the basis.

For a nonbusiness debt, include on line 10a the smallest of (a) the basis of your nondepreciable property, (b) the amount of the nonbusiness debt included on line 2, or (c) the excess of the aggregate bases of the property and the amount of money you held immediately after the discharge over your aggregate liabilities immediately after the discharge.

In the case of a title 11 case or insolvency, the reduction in basis on line 10a is limited to the aggregate of the basis of your property immediately after the discharge over the aggregate of your liabilities immediately after the discharge. However, this limit doesn't apply to a reduction in basis reported on line 5 pursuant to section 108(b)(5).

If box 1e is checked and you continue to own the residence after discharge, enter on line 10b the smaller of: that part of line 2 that is attributable to the exclusion of qualified principal residence indebtedness, or the basis of your main home.⁠[2]

Before you go

The election to reduce the basis of depreciable property under section 108(b)(5) and the election made on line 1d of Part I regarding the discharge of qualified real property business indebtedness must be made on a timely filed return (including extensions) and can be revoked only with the consent of the IRS.

If you timely filed your tax return without making either of these elections, you can still make either election by filing an amended return within 6 months of the due date of the return (excluding extensions).

Write “Filed pursuant to section 301.9100-2” on the amended return and file it at the same place you filed the original return.

Common questions about Form 982

What is the purpose of form 982?

You must file Form 982 to report the exclusion and the reduction of certain tax attributes either dollar for dollar or 331/3 cents per dollar. Generally, the amount by which you benefit from the discharge of indebtedness is included in your gross income. However, under certain circumstances described in section 108, you can exclude the amount of discharged indebtedness from your gross income. The term “discharge of indebtedness” conveys forgiveness of, or release from, an obligation to repay.⁠[2]

Is there a deadline?

File Form 982 with your federal income tax return for a year a discharge of indebtedness is excluded from your income under section 108(a).⁠[2]

Where do I file it?

Attach this form to your income tax return.

Where to get help with Form 982

Also, see Pub. 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments, for additional information.⁠[2]

If you disposed of your residence, you may also be required to recognize gain on its disposition. For details, see Pub. 523, Selling Your Home.⁠[2]

Sources

[1] Form 982 (Rev. March 2018), Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), Department of the Treasury, Internal Revenue Service (the Official source link on this page).

[2] Instructions for Form 982 (Rev. December 2021), Department of the Treasury, Internal Revenue Service.

Form 982 PDF Details

When navigating the complexities of tax obligations after experiencing debt forgiveness, taxpayers find relief and guidance through Form 982, titled "Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment)." This form plays a pivotal role for individuals and businesses looking to exclude forgiven debt from their gross income, thereby potentially easing their tax burdens. Designed by the Department of the Treasury and managed by the Internal Revenue Service, the form provides a structured way to address the discharge of various types of indebtedness, such as in cases of bankruptcy, insolvency, qualified farm indebtedness, qualified real property business indebtedness, and qualified principal residence indebtedness. Along with requiring the taxpayer's name and identifying number, Form 982 requires detailed input on the nature and amount of debt discharged. Additionally, it offers options for taxpayers to elect certain treatments of real property and outlines how to reduce tax attributes, which might include adjustments to the basis of property or application against specific losses and credits. The completion of this form, necessitating careful consideration of the instructions and possible ramifications on tax attributes, underscores its significance in ensuring accurate tax reporting and compliance while taking advantage of available tax relief provisions related to debt discharge.

QuestionAnswer
Form NameForm 982
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesform 982 instructions, form 982 irs, form 982 insolvency worksheet, form 982