Just when you thought your EIDL nightmare was over, the IRS enters the chat. Thousands of borrowers who had their EIDL loans charged off are now receiving 1099-C forms from the SBA, transforming their "relief" into a massive tax liability.
Here's the cruel twist: the government gave you money during a pandemic, couldn't manage the program properly, charged off your loan when things got messy, and now wants you to pay taxes on the "income" you supposedly received. Welcome to the 1099-C nightmare.
What Is a 1099-C?
When a creditor forgives or cancels $600 or more of debt, they're required to report it to the IRS using Form 1099-C, Cancellation of Debt. The cancelled amount is treated as taxable income, as if you earned that money.
So if your $150,000 EIDL was charged off, the SBA reports that to the IRS as $150,000 of income. At a 22% marginal tax rate, that's a $33,000 tax bill. At 32%, it's $48,000.
- $50,000 EIDL charged off → $11,000 - $16,000 tax bill
- $150,000 EIDL charged off → $33,000 - $48,000 tax bill
- $500,000 EIDL charged off → $110,000 - $185,000 tax bill
The Insolvency Exception
There is one potential escape route: the insolvency exception. If you can prove you were insolvent (liabilities exceeded assets) at the time the debt was cancelled, you may be able to exclude some or all of the cancelled debt from your taxable income.
Here's how it works:
- Calculate your insolvency. Add up all your liabilities and subtract all your assets at the time of cancellation.
- File Form 982. This form reports the exclusion of cancelled debt from income.
- Document everything. The IRS can and will challenge insolvency claims.
The problem? Most people don't know this exception exists, and many who do can't afford the accountant or tax attorney needed to properly claim it.
The SBA's Timing Games
Adding insult to injury, the SBA's chaotic recordkeeping means many borrowers receive 1099-C forms with incorrect dates, incorrect amounts, or for loans that weren't actually cancelled.
"I received a 1099-C for $87,000 in January 2025. Problem is, I'm still making payments on my EIDL. The SBA says it's a 'system error' and they'll correct it. That was six months ago. The IRS doesn't care about SBA system errors."
— Anonymous borrower, Texas
When the SBA issues an incorrect 1099-C, fixing it becomes the borrower's problem. You can dispute it, but disputes take months or years while the IRS clock keeps ticking.
What You Should Do Now
If you've had an EIDL charged off or expect to receive a 1099-C:
- Consult a tax professional immediately. The insolvency calculation is complex and the stakes are too high for DIY.
- Gather documentation. Bank statements, asset lists, liability records, business financials—everything from the date of cancellation.
- Check the 1099-C for accuracy. Verify the amount matches your actual loan balance and the date is correct.
- Don't ignore it. The IRS matches 1099-C forms to tax returns. If you don't report it, you'll get a notice.
- Consider an Offer in Compromise. If you truly can't pay, this IRS program may reduce what you owe.
The Bigger Picture
The 1099-C issue exemplifies everything wrong with how the EIDL program was administered. The SBA:
- Pushed loans on businesses that couldn't afford them
- Provided inadequate servicing and support
- Charged off loans en masse when borrowers struggled
- Now generates tax liabilities for the same people it was supposed to help
The PPP loans were explicitly designed to be tax-free when forgiven. The EIDL? Nobody thought that far ahead. Or maybe they did, and this is the plan.
Either way, the result is the same: small business owners who trusted the government during their darkest hour are now facing tax bills they never saw coming. The SBA's helping hand has turned into the IRS's open palm.
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