The taxation of student loan discharges has long been a confusing and often misunderstood area of tax law. With the enactment of the One Big Beautiful Bill Act (P.L. 119-21) (OBBBA), Congress has made several provisions surrounding student loan forgiveness permanent and, most importantly for tax professionals, more favorable to borrowers.
Generally, the Internal Revenue Code treats cancellation of debt (COD) as income. If you borrow money and later are relieved of the obligation to repay it, that cancellation creates taxable income unless an exception applies (IRC §61(a)(12)). This is because forgiven debt effectively enriches the taxpayer as though they had received cash.
OBBBA makes permanent and expands the exclusion from gross income for certain student loan discharges. Specifically, for discharges occurring after Dec. 31, 2025, the forgiven loan amount isn’t counted as income if the borrower dies or becomes totally and permanently disabled. This applies to both federal and private education loans. The exclusion now requires that the taxpayer’s Social Security number be included on the tax return to claim the benefit. The relevant loans are defined as:
- Student loans as defined in IRC §108(f)(2)
- Private education loans as defined in section 140(a) of the Consumer Credit Protection Act (15 U.S.C. 1650(a))
What’s changed under the One Big Beautiful Bill Act?
OBBBA permanently exempts from gross income student loan discharges due to death or total and permanent disability (TPD) so long as the borrower provides their Social Security number (SSN). Prior to this law, some of these exclusions were scheduled to expire, creating uncertainty for planning and compliance purposes.
Additionally, the law codifies and extends exclusions that apply to loan discharges from 2021 through 2025 for any reason, expanding the types of eligible loans and circumstances where income recognition is avoided.
The exclusion applies if the discharge is:
- Pursuant to certain provisions of the Higher Education Act of 1965 (including death or disability discharges)
- Otherwise discharged on account of death or total and permanent disability of the student
This provision is codified in the amendment to IRC §108(f)(5) and is effective for discharges after Dec. 31, 2025.
Types of student loans covered
Under OBBBA, a “student loan” is narrowly defined. It generally includes loans made to assist a student in attending a qualified educational organization, and originated or guaranteed by:
- The U.S. government or its agencies
- A state or local government
- Certain tax-exempt public benefit corporations
- The educational institution itself (if meeting program requirements)
- Private lenders, but only for discharges occurring in 2018-2020 or post-2025 due to death or disability
Loans made specifically for post-secondary education expenses (and properly documented as such) are also covered.
When is discharge excluded from income?
The income exclusions apply if the discharge meets one of these conditions:
- Death or disability: now a permanent exclusion, post-2025 only with required Social Security number on record
- Public service work requirement: loan program ties forgiveness to work in specified fields
- Health-related repayments assistance programs: such as the National Health Service Corps.
- School closure or misconduct: includes closed school discharges and borrower defense claims (e.g., fraud or misrepresentation by the school) under the Higher Education Act (HEA)
For discharges between 2021 and 2025, income exclusion applies regardless of the reason for discharge, so long as the loan fits within the statutory definition under IRC §108(f)(2).
Things to keep in mind
- Student loan discharges due to death or disability are permanently excluded from gross income for both federal and private loans, with new reporting requirements.
- Employer payments of student loans remain excludable from income, up to $5,250 per employee per year, with the annual limit indexed for inflation after 2026.
- No changes are made to the student loan interest deduction.
These provisions are designed to provide continued and expanded tax relief for individuals with student loan debt, particularly in case of death or disability, and to encourage employer assistance with student loan repayments.
Loan services and lenders should NOT issue Form 1099-C, Cancellation of Debt, for these discharges. Not sending Form 1099-C helps avoid mistakes on tax returns and keeps borrowers from getting confused.
Example
Vinny, a public service lawyer, took out $100,000 in federal student loans for law school. His school participates in a loan repayment assistance program (LRAP) designed to encourage graduates to work in public interest law. Under LRAP, the school provides refinancing loans to cover the original debt. If the graduate works five years in a qualifying public service role (e.g., legal aid, public defender), the LRAP loan is forgiven.
Vinny has worked as a public defender for five years. His LRAP loan of $100,000 will be forgiven in 2025.
Tax consequences for Vinny
- Vinny does not recognize $100,000 of COD income.
- The loan was made by a qualifying educational organization.
- The forgiveness was tied to public service employment, satisfying the statutory exclusion.
- Therefore, Vinny does not receive a Form 1099-C, and
- Vinny does not need to report forgiveness on his tax return.
Documentation
While the IRS does not require a specific form to be attached to the return to claim the exclusion, taxpayers should retain documentation of the loan discharge (such as a letter from the lender or the Department of Education) in their records in case of IRS inquiry.
If a taxpayer’s student loan is discharged for reasons not covered by the permanent exclusion (for example, if the discharge is in exchange for services for the lender), the amount may still be taxable and must be reported as income. In such cases, the taxpayer may receive a Form 1099-C and must include the amount on their tax return.
Whether the discharge is excluded or taxable, the taxpayer should always request documentation from the lender explaining the nature and reason for the discharge.
Summary of key points
- No income inclusion for qualifying discharged student loans under the OBBBA
- No Form 982 or other special form is required to claim the exclusion
- No Form 1099-C should be generated for qualifying discharges
- Taxpayer must include their SSN on the tax return for the year of discharge to claim the exclusion for death or disability discharges
- Retain documentation of the discharge for your records
- If the discharge does not qualify, the amount may be taxable and must be reported
The permanent income exclusion under the OBBBA simplifies the tax treatment of discharged student loans for most taxpayers, eliminating the need to report the discharged amount as income and reducing the associated paperwork. The main new requirement is to ensure the taxpayer’s SSN is included on the return for the year of discharge in order to claim the exclusion for death or disability discharges.
If you’re advising students, professionals or educational institutions, make sure you’re fluent in the details of these exclusions and ready to help your clients make the most of them.