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Taxslayer 2011Taxslayer 2011 5. Taxslayer 2011 Student Loan Cancellations and Repayment Assistance Table of Contents Introduction Student Loan CancellationQualifying Loans Student Loan Repayment Assistance Introduction Generally, if you are responsible for making loan payments, and the loan is canceled (forgiven), you must include the amount that was forgiven in your gross income for tax purposes. Taxslayer 2011 However, if you fulfill certain requirements, two types of student loan assistance may be tax free. Taxslayer 2011 The types of assistance discussed in this chapter are: Student loan cancellation, and Student loan repayment assistance. Taxslayer 2011 Student Loan Cancellation If your student loan is canceled, you may not have to include any amount in income. Taxslayer 2011 This section describes the requirements for tax-free treatment of canceled student loans. Taxslayer 2011 Qualifying Loans To qualify for tax-free treatment, for the cancellation of your loan, your loan must have been made by a qualified lender to assist you in attending an eligible educational institution and contain a provision that all or part of the debt will be canceled if you work: For a certain period of time, In certain professions, and For any of a broad class of employers. Taxslayer 2011 The cancellation of your loan will not qualify for tax-free treatment if it is cancelled because of services you performed for the educational institution that made the loan or other organization that provided the funds. Taxslayer 2011 See Exception, later. Taxslayer 2011 Eligible educational institution. Taxslayer 2011 This is an educational institution that maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where it carries on its educational activities. Taxslayer 2011 Qualified lenders. Taxslayer 2011 These include the following. Taxslayer 2011 The United States, or an instrumentality thereof. Taxslayer 2011 A state, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof. Taxslayer 2011 A public benefit corporation that is tax-exempt under section 501(c)(3); and that has assumed control of a state, county, or municipal hospital; and whose employees are considered public employees under state law. Taxslayer 2011 An eligible educational institution, if the loan is made: As part of an agreement with an entity described in (1), (2), (3) under which the funds to make the loan were provided to the educational institution, or Under a program of the educational institution that is designed to encourage its students to serve in occupations with unmet needs or in areas with unmet needs where the services provided by the students (or former students) are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization. Taxslayer 2011 Occupations with unmet needs include medicine, nursing, teaching, and law. Taxslayer 2011 Section 501(c)(3) organization. Taxslayer 2011 This is any corporation, community chest, fund, or foundation organized and operated exclusively for one or more of the following purposes. Taxslayer 2011 Charitable. Taxslayer 2011 Religious. Taxslayer 2011 Educational. Taxslayer 2011 Scientific. Taxslayer 2011 Literary. Taxslayer 2011 Testing for public safety. Taxslayer 2011 Fostering national or international amateur sports competition (but only if none of its activities involve providing athletic facilities or equipment). Taxslayer 2011 The prevention of cruelty to children or animals. Taxslayer 2011 Exception. Taxslayer 2011 The cancellation of your loan does not qualify as tax-free student loan cancellation if your student loan was made by an educational institution and is canceled because of services you performed for the educational institution or other organization that provided the funds. Taxslayer 2011 Refinanced Loan If you refinanced a student loan with another loan from an eligible educational institution or a tax-exempt organization, that loan may also be considered as made by a qualified lender. Taxslayer 2011 The refinanced loan is considered made by a qualified lender if it is made under a program of the refinancing organization that is designed to encourage students to serve in occupations with unmet needs or in areas with unmet needs where the services required of the students are for or under the direction of a governmental unit or a tax-exempt section 501(c)(3) organization. Taxslayer 2011 Student Loan Repayment Assistance Student loan repayments made to you are tax free if you received them for any of the following: The National Health Service Corps (NHSC) Loan Repayment Program (NHSC Loan Repayment Program). Taxslayer 2011 A state education loan repayment program eligible for funds under the Public Health Service Act. Taxslayer 2011 Any other state loan repayment or loan forgiveness program that is intended to provide for the increased availability of health services in under served or health professional shortage areas (as determined by such state). Taxslayer 2011 You cannot deduct the interest you paid on a student loan to the extent payments were made through your participation in the above programs. Taxslayer 2011 Prev Up Next Home More Online Publications
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