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Version du 2 septembre 2026 à 17:47
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The courts have generally held that direct taxes are restricted to taxes on people (variously called capitation, poll tax or head tax) and property. (Penn Mutual Indemnity Company. v. C.I.R., 227 F.2d 16, 19-20 (3rd Cir. 1960).) All taxes are typically called "indirect taxes," because they tax an event, rather than somebody or property per se. (Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937).) What seemed to be a straightforward limitation on the power of the legislature based on the topic of the tax proved inexact and unclear when applied to an income tax, that can easily be arguably viewed either as a direct or an indirect tax.
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I've had clients ask me to to negotiate the taxability of debt forgiveness. Unfortunately, no lender (including the SBA) is able to do such a little something. Just like your employer is needed to send a W-2 to you every year, a lender is vital to send 1099 forms to every one of borrowers that debt forgiven. That said, just because lenders are required to send 1099s does not that you personally automatically will get hit having a huge tax bill. Why? In most cases, the borrower can be a corporate entity, and an individual might be just an individual guarantor. I realize that some lenders only send 1099s to the borrower. Effect of the 1099 relating to your personal situation will vary depending precisely what kind of entity the borrower is (C-Corp, S-Corp, LLC, etc). Most CPAs will be able to explain how a 1099 would manifest itself.
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