982 Instructions for Form 982

Instructions for Form 982

Department of the Treasury
Internal Revenue Service

(Rev. January 2020)

Reduction of Tax Attributes Due to Discharge of Indebtedness (And Section 1082
Basis Adjustment)
(For use with Form 982 (Rev. March 2018))
attributes either dollar for dollar or 331/3
cents per dollar (as explained later).

Section references are to the Internal Revenue
Code unless otherwise noted.

General Instructions

Certain individuals may need to

TIP complete only a few lines on Form

Future Developments

For the latest information about
developments related to Form 982 and its
instructions, such as legislation enacted
after they were published, go to IRS.gov/
Form982.

What’s New
Discharge of qualified principal residence indebtedness before 2021.
Qualified principal residence
indebtedness can be excluded from
income for discharges before January 1,
2021.

982. For example, if you are
completing this form because of a
discharge of indebtedness on a personal
loan (such as a car loan or credit card
debt) or a loan for the purchase of your
principal residence, follow the chart, later,
to see which lines you need to complete.
Also, see Pub. 4681, Canceled Debts,
Foreclosures, Repossessions, and
Abandonments, for additional information.

Definitions

Purpose of Form

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.
You must file Form 982 to report the
exclusion and the reduction of certain tax

Title 11 case. 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.
You may know your title 11 case

TIP by the chapter (such as, for

example, chapter 7, 11, 12, or 13)
under title 11 that you sought debt relief.

Discharge of Indebtedness. The term
discharge of indebtedness conveys
forgiveness of, or release from, an
obligation to repay.

When To File

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).
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.

How To Complete the Form
IF the discharged debt you are
excluding is . . .

THEN follow these steps . . .

Qualified principal residence
indebtedness

1. Be sure to read the definition of qualified principal residence indebtedness in Line 1e, later. Part or
all of your debt may not qualify for the exclusion on line 1e but may qualify for one of the other exclusions.
2. Check the box on line 1e. See Line 1e, later, before checking the box if the debt was discharged
after 2017.
3. Include on line 2 the amount of discharged qualified principal residence indebtedness that is
excluded from gross income. Any amount in excess of the excluded amount may result in taxable income.
See Pub. 4681 for more information. 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.
4. If you continue to own your residence after the discharge, enter on line 10b the smaller of (a) the
amount of qualified principal residence indebtedness included on line 2 or (b) the basis (generally, your
cost plus improvements) of your principal residence.

If the discharge is in a title 11 case, you can’t check box 1e. You must check box 1a
and complete the form as discussed later under A nonbusiness debt. If you are
CAUTION insolvent (and not in a title 11 case), you can elect to follow the insolvency rules by
checking box 1b instead of box 1e and completing the form as discussed later under A
nonbusiness debt.

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Jan 22, 2020

Cat. No. 69707U

How To Complete the Form (cont.)
IF the discharged debt you are
excluding is . . .

THEN follow these steps . . .

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). Otherwise, follow the instructions for Any other debt, later.
1. Check the box on line 1a if the discharge was made in a title 11 case (see Definitions, earlier) or
the box on line 1b if the discharge occurred when you were insolvent (see Line 1b, later).
2. 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.
3. 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.

Any other debt

Use Part I of Form 982 to indicate why any amount received from the discharge of indebtedness should be
excluded from gross income and the amount excluded.
Use Part II to report your reduction of tax attributes. The reduction must be made in the following order
unless you check the box on line 1d for qualified real property business indebtedness or make the election
on line 5 to reduce basis of depreciable property first.
1. Any net operating loss (NOL) for the tax year of the discharge (and any NOL carryover to that year)
(dollar for dollar);
2. Any general business credit carryover to or from the tax year of the discharge (331/3 cents per
dollar);
3. Any minimum tax credit as of the beginning of the tax year immediately after the tax year of the
discharge (331/3 cents per dollar);
4. Any net capital loss for the tax year of the discharge (and any capital loss carryover to that tax
year) (dollar for dollar);
5. The basis of property (dollar for dollar);
6. Any passive activity loss (dollar for dollar) and credit (331/3 cents per dollar) carryovers from the tax
year of the discharge; and
7. Any foreign tax credit carryover to or from the tax year of the discharge (331/3 cents per dollar).
Use Part III to exclude from gross income under section 1081(b) any amounts of income attributable to the
transfer of property described in that section.

Specific Instructions
Part I
The time for making a section
108(i) election has passed. If you
CAUTION made an election under section
108(i) to defer income from the discharge
of business debt arising from the
reacquisition of a debt instrument in 2009
or 2010, don’t report the amount deferred
under the election in lines 1a through 1d
and line 2.

!

Line 1b
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 (see Line 1e, later) unless
you elect to have the insolvency exclusion
apply instead of the exclusion for qualified
principal residence indebtedness.
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. For

details and a worksheet to help calculate
insolvency, see Pub. 4681.
Example. You were released from
your obligation to pay your credit card
debt in the amount of $5,000. The FMV of
your total assets immediately before the
discharge was $7,000 and your liabilities
were $10,000. You were insolvent to the
extent of $3,000 ($10,000 of total liabilities
minus $7,000 of total assets). Check the
box on line 1b and include $3,000 on
line 2.

Line 1c
Check this box if the income you exclude
is from the discharge of qualified farm
indebtedness. The exclusion relating to
qualified farm indebtedness doesn’t apply
to a discharge that occurs in a title 11 case
or to the extent you were insolvent.
Qualified farm indebtednesss is the
amount of indebtedness incurred directly
in connection with the trade or business of
farming. In addition, 50% or more of your
aggregate gross receipts for the three tax
years preceding the tax year in which the
discharge of such indebtedness occurs
must be from the trade or business of
farming. For more information, see
sections 108(g) and 1017(b)(4).
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The discharge must have been made
by a qualified person. Generally, a
qualified person is an individual,
organization, etc., who is actively and
regularly engaged in the business of
lending money. This person can’t be
related to you, be the person from whom
you acquired the property, or be a person
who receives a fee with respect to your
investment in the property. A qualified
person also includes any federal, state, or
local government or agency or
instrumentality thereof.
If you checked line 1c and didn’t make
the election on line 5, the debt discharge
amount will be applied to reduce the tax
attributes in the order listed on lines 6
through 9. Any remaining amount will be
applied to reduce the tax attributes in the
order listed on lines 11a through 13.
You can’t exclude more than the total
of your (a) tax attributes (determined
under section 108(g)(3)(B)) and (b) basis
of property used or held for use in a trade
or business or for the production of
income. Any excess is included in income.

Instructions for Form 982 (Rev. 1-2020)

Line 1d
If you check this box, the discharge of
qualified real property business
indebtedness is applied to reduce the
basis of depreciable real property on
line 4. The exclusion relating to qualified
real property business indebtedness
doesn’t apply to a discharge that occurs in
a title 11 case or to the extent you were
insolvent.
Qualified real property business
indebtedness is indebtedness (other than
qualified farm indebtedness) that (a) is
incurred or assumed in connection with
real property used in a trade or business,
(b) is secured by that real property, and (c)
with respect to which you have made an
election under this provision. This
provision doesn’t apply to a corporation
(other than an S corporation).
Indebtedness incurred or assumed
after 1992 isn’t qualified real property
business indebtedness unless it is either
(a) debt incurred to refinance qualified real
property business indebtedness incurred
or assumed before 1993 (but only to the
extent the amount of such debt doesn’t
exceed the amount of debt being
refinanced) or (b) qualified acquisition
indebtedness.
Qualified acquisition indebtedness is
(a) debt incurred or assumed to acquire,
construct, reconstruct, or substantially
improve real property that is secured by
such debt and (b) debt resulting from the
refinancing of qualified acquisition
indebtedness to the extent the amount of
such debt doesn’t exceed the amount of
debt being refinanced.
You can’t exclude more than the
excess of the outstanding principal
amount of the debt (immediately before
the discharge) over the net FMV (as of
that time) of the property securing the debt
reduced by the outstanding principal
amount of other qualified real property
business indebtedness secured by that
property (as of that time). The amount
excluded is further limited to the
aggregate adjusted basis (as of the first
day of the next tax year or, if earlier, the
date of disposition) of depreciable real
property (determined after any reductions
under sections 108(b) and (g)) you held
immediately before the discharge (other
than property acquired in contemplation of
the discharge). Any excess is included in
income.

• The debt was discharged after 2020
and the discharge is subject to an
arrangement that was entered into and
evidenced in writing before January 1,
2021.
Also, 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. For more information, see Pub.
4681.
If you do check box 1e, be sure
TIP you complete line 2 (and line 10b
if you continue to own the
residence after discharge).
Principal residence. Your principal
residence is your main home, which is the
home where you ordinarily live most of the
time. You can have only one main home at
any one time.
Qualified principal residence indebtedness. This indebtedness is a mortgage
you took out to buy, build, or substantially
improve your main home. It also must be
secured by your main home. If the amount
of your original mortgage is more than the
cost of your main home plus the cost of
any substantial improvements, only the
debt that is not more than the cost of your
main home plus improvements is qualified
principal residence indebtedness. Any
debt secured by your main home that you
use to refinance qualified principal
residence indebtedness is treated as
qualified principal residence
indebtedness, but only up to the amount of
the old mortgage principal just before the
refinancing. Any additional debt you
incurred to substantially improve your
main home is also treated as qualified
principal residence indebtedness.
Amount eligible for the exclusion. The
exclusion applies only to debt discharged
after 2006 and in most cases before 2021.
The maximum amount you can treat as
qualified principal residence indebtedness
is $2 million ($1 million if married filing
separately). You can’t exclude from gross
income discharge of qualified principal
residence indebtedness if the discharge
was for services performed for the lender
or on account of any other factor not
directly related to a decline in the value of
your residence or to your financial
condition.

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 2021.

Ordering rule. If only a part of a loan is
qualified principal residence
indebtedness, the exclusion applies only
to the extent the amount discharged
exceeds the amount of the loan
(immediately before the discharge) that is
not qualified principal residence
indebtedness. For example, assume your
main home is secured by a debt of $1
million, of which $800,000 is qualified

Instructions for Form 982 (Rev. 1-2020)

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Line 1e

principal residence indebtedness. If your
main home is sold for $700,000 and
$300,000 of debt is discharged, only
$100,000 of the debt discharged can be
excluded (the $300,000 that was
discharged minus the $200,000 of
nonqualified debt). The remaining
$200,000 of nonqualified debt may qualify
in whole or in part for one of the other
exclusions, such as the insolvency
exclusion.

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. If you
checked line 1a, 1b, or 1c, this amount
won’t necessarily equal the total
reductions on lines 5 through 13
(excluding line 10b) because the debt
discharge amount may exceed the total
tax attributes. If you checked line 1e, this
amount won’t necessarily equal the total
basis reduction on line 10b (which is
required only if you continue to own the
residence after the discharge).
See section 382(l)(5) for a special rule
regarding a reduction of a corporation’s
tax attributes after certain ownership
changes.

Line 3
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.

Part II
Basis Reduction
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). 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. If you
don’t make the election on line 5,
complete lines 6 through 13 (excluding
line 10b) to reduce your attributes. See
section 1017(b)(2) and (c) for limitations of
reductions in basis on line 10a.

Line 7
If you have a general business credit
carryover to or from the tax year of the
discharge, you must reduce that carryover
by 331/3 cents for each dollar excluded
from gross income. See Form 3800,
General Business Credit, for more details
on the general business credit, including
rules for figuring any carryforward or
carryback.

Line 10a
In the case of a title 11 case or insolvency,
the reduction in basis 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).

Line 10b
If box 1e is checked and you continue to
own the residence after discharge, enter
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.

Part III
Adjustment to Basis
Unless it specifically states otherwise, the
corporation, by filing this form, agrees to

apply the general rule for adjusting the
basis of property (as described in
Regulations section 1.1082-3(b)).
If the corporation desires to have the
basis of its property adjusted in a manner
different from the general rule, it must
attach a request for variation from the
general rule. The request must show the
precise method used and the allocation of
amounts.
Consent to the request for variation
from the general rule will be effective only
if it is incorporated in a closing agreement
entered into by the corporation and the
Commissioner of Internal Revenue under
the rules of section 7121. If no agreement
is entered into, then the general rule will
apply in determining the basis of the
corporation’s property.
Paperwork Reduction Act Notice. We
ask for the information on this form to carry
out the Internal Revenue laws of the
United States. You are required to give us
the information. We need it to ensure that
you are complying with these laws and to
allow us to figure and collect the right
amount of tax.

become material in the administration of
any Internal Revenue law. Generally, tax
returns and return information are
confidential, as required by section 6103.
The time needed to complete and file
this form will vary depending on individual
circumstances. The estimated burden for
individual taxpayers filing this form is
approved under OMB control number
1545-0074 and is included in the
estimates shown in the instructions for
their individual income tax return. The
estimated burden for all other taxpayers
who file this form is shown as follows:
Recordkeeping, 5 hr., 58 min.; Learning
about the law or the form, 2 hr., 34 min.;
Preparing and sending the form to the
IRS, 2 hr., 48 min.
If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler,
we would be happy to hear from you. See
the instructions for the tax return with
which this form is filed.

You aren’t required to provide the
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retained as long as their contents may

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Instructions for Form 982 (Rev. 1-2020)