[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR30.31]

[Page 95-96]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 30--CLAIMS COLLECTION--Table of Contents
 
        Subpart D--Termination or Suspension of Collection Action
 
Sec. 30.31  Termination rule.


    (a) The Secretary may terminate collection activity and write off a 
debt, including accrued interest, charges and

[[Page 96]]

penalties if the outstanding principal does not exceed $20,000 and:
    (1) The Government cannot collect or enforce collection of any 
significant sum from the debtor, having due regard for the judicial 
remedies available to the Government, the debtor's ability to pay (see 
Sec. 30.25(b)) and the exemptions available to the debtor under State 
and Federal law;
    (2) The debtor cannot be located, there is no security remaining to 
be liquidated, the applicable statute of limitations has run, and the 
prospects of collecting by offset are too remote to justify retention of 
the claim;
    (3) The cost of further collection action is likely to exceed the 
recoverable amount;
    (4) The basis for the claim has proved to be unsupportable; or
    (5) The evidence necessary to prove the claim cannot be produced or 
the necessary witnesses are unavailable.
    (b) As required by section 61(a)(2) of the Internal Revenue Code, 
income arising from the discharge in whole or in part of a debt is to be 
included in the debtor's gross income for the year in which the debt is 
discharged. The Secretary will report to the Internal Revenue Service, 
using Form 1099G, any amount over $600 which becomes uncollectible 
because the applicable statute of limitations expires or because the 
Government agrees with the debtor to forgive or compromise a debt. An 
amount which is in dispute, which is discharged under Title 11 of the 
Bankruptcy Act or which arises out of an overpayment which was already 
taxed, will not be reported. See IRS Instructions for Form 1096 and 
Revenue Procedure 83-48 for further instructions.