Revisiting Relief for the Taxation of Student Loan Discharge and Cancellation

5 Pages Posted: 21 Dec 2022 Last revised: 4 Jan 2023

See all articles by John R. Brooks

John R. Brooks

Fordham University School of Law

Date Written: December 16, 2021

Abstract

To be truly effective, any policy of student debt discharge and cancellation must also provide clarity on the tax treatment of that cancellation. Standard tax law treats many forms of cancelled debt as a form of taxable income, just like wages and salaries. If that tax treatment applies to student debt cancellation, it could impose significant financial hardship at exactly the point when a borrower should instead be relieved of hardship. It would in effect require immediate payment of 25 percent to 35 percent of the canceled debt principal for most people, in the form of taxes. The tax treatment of student debt cancellation is a complicated hodgepodge of rules that appear to treat cancelled debt differently depending on the reason for the cancellation.

Keywords: student debt, tax law, debt cancellation, student loan

JEL Classification: I22, I23

Suggested Citation

Brooks, John R., Revisiting Relief for the Taxation of Student Loan Discharge and Cancellation (December 16, 2021). Student Borrower Protection Center Research Paper, Forthcoming, Fordham Law Legal Studies Research Paper No. 4308007, Available at SSRN: https://ssrn.com/abstract=4308007

John R. Brooks (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

HOME PAGE: http://https://www.fordham.edu/info/30655/john_brooks

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