Posts Tagged ‘worst case scenario’

California Prenuptials: Marry In Haste, Forge Debt Relief In Leisure

Friday, April 29th, 2011

Given the unfortunate economic conditions of our state, the concerns of cost conscious newlyweds thinking about prenuptials will more likely toward their eventual debt relief needs than any worries over investments or shared property.

For states like California that feature such a large and dynamic population, there’s arguably no such thing as a typical prenuptial agreement.  Depending upon the relevant household income at the time of the split, the just and formal determination of even a few thousand dollars in credit card debt could make quite a difference in terms of the financial security of the newly divorced.  Much as thinking about the worst case scenario may be the last thing that any prospective bride or groom wants to consider while planning what’s supposed to be the happiest day of their lives, one cannot ignore the overwhelming statistical evidence suggesting that the majority of even those unions entered into with the best of intentions are bound to end in separation.

Love requires a certain suspension of disbelief, sure, and, in the rush to avoid bankruptcy, a refusal to share any aspect of the household earnings with your loved one could well spur onward lingering feelings of resentment.  Mistrust over matters of domestic economics could easily become a perpetual source of discord.  All the same, in the weeks and months leading up to the ceremony, it would be a mistake to not at least ponder the past borrowing history of your presumed life partner and question whether or not some degree of enlightened debt relief (debt settlement negotiation, say) would be advisable prior to the blessed event.

If, to take one common example, the prototypical good provider – fundamentally stable, unbroken employment, healthy savings account, top tier FICO credit scores, and a minimum of credit card debt – allows opposite financial instincts to attract, what initially sparked romantic inclinations could also be its undoing.  “If you’ve spent most of your adult life stuck in responsible patterns of spending and always made sure there was enough money on hand for emergencies, it might be fun for a while to take a walk on the wild side, but you’re going to eventually end up returning to your old habits,” says Vivian Coutier, a longtime financial planner for couples in the greater Los Angeles area.

Looking beyond the heights of passion that originally led to your engagement, “you’ll find that the most successful marriages understood from the beginning that they were entering into something like a business contract with their proposal, and, for any enterprise, you need to be completely open with your partner about your own needs and expectations.”  More than anything else, Coutier adds, you need to be utterly transparent about your current levels of consumer obligations and the realistic chances that some degree of credit card debt relief or even debt settlement would be necessary before fully enjoining destinies.  “It’s really easy to start lying about your credit card debt – or even dodging the truth – so you don’t disappoint your fiancée, but the truth will come out.  For couples serious about making their marriage work, the bride or groom holding excessive debts should not only agree to a prenuptial, they should insist on it!”

Article Source: http://www.articlesbase.com/personal-finance-articles/california-prenuptials-marry-in-haste-forge-debt-relief-in-leisure-4693920.html

About the Author

My name is Cole I am a professional in the financial fields of bankruptcy and debt settlement.

Dealing With Taxes on Your Settled Debts

Wednesday, April 27th, 2011

One of the biggest drawbacks of settling debts is dealing with the tax implications of having your debt cancelled. The IRS requires you to include cancelled debt as taxable income on your tax return and requires businesses to report cancelled debts over $600. If your creditor cancels at least $600 of debt, the IRS will know about it. They’ll be expecting you to claim this as income on your taxes. You could face an audit if you don’t include the cancelled debt on your tax return.

Increasing your taxable income by adding in cancelled debt can decrease your tax refund – that’s if you still get a tax refund after increasing the amount of taxes you’re liable for. The worst-case scenario is that you end up with a tax bill after you’ve settled your debt.

The IRS does allow an exception to reporting cancelled debt as income on your tax return. You’ll still have to report the income, but you’ll be allowed to exclude it from your taxable income. To qualify for the exclusion, you must have been insolvent at the time your debt was cancelled. Insolvent means the total amount of your debt was greater than the value of any assets you owed. If the amount of the debt cancelled was less than the amount by which you were insolvent, you won’t have to pay taxes on the cancelled debt.

Insolvency Examples

You are insolvent by $100,000 and your cancelled debt was $30,000. Since your cancelled debt is less than your insolvency amount, you don’t have to pay taxes on the cancelled debt.

You are insolvent by $20,000 and your cancelled debt was $30,000. You can only exclude debt up to the amount of insolvency. So in this case, you can exclude $20,000 of cancelled debt, but still are liable for taxes on the remaining $10,000.

You are not insolvent. In fact, your assets exceed your liabilities by $40,000. You would have to include the entire $30,000 as income on your tax return.

Taking the Insolvency Exemption

To claim the exemption, you’ll have to file IRS Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness.

You’ll also need to keep detailed records about your insolvency status each time you settle a debt. When you send the final payment for your settlement, you should also calculate your net worth – a number that shows whether or not you are insolvent.

To calculate your net worth, first add up all your debts including mortgage and credit card debt that’s still owed. Then add up the value of all your assets, include any equity you’ve accumulated in your home. Subtract the value of your assets from the amount of your liabilities and that is your net worth. If the number is negative then you are insolvent by that amount. If the number is positive then you are not insolvent and you can’t take the insolvency exemption. Keep each calculation on a separate piece of paper and file it away with your tax documents.

Article Source: http://www.articlesbase.com/personal-finance-articles/dealing-with-taxes-on-your-settled-debts-4679242.html

About the Author

This is a post by Frank Collins. Frank is a personal finance writer who specializes in topics related to credit, savings and debt relief options like debt settlement.