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: The Law of Second Chances

DISCHARGING INCOME TAXES IN BANKRUPTCY

By R. Grace Rodriguez, Esq.

Eliminating Tax Debts in Bankruptcy

You can discharge (wipe out) debts for federal income taxes in Chapter 7 bankruptcy only if all of the following conditions are true:

• The taxes are income taxes. Taxes other than income, such as payroll taxes or fraud penalties, can never be eliminated in bankruptcy.
• You did not commit fraud or willful evasion. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, such as using a false Social Security number on your tax return, bankruptcy can't help.
• The debt is at least three years old. To eliminate a tax debt, the tax return must have been originally due at least three years before you filed for bankruptcy.
• You filed a tax return. You must have filed a tax return for the debt you wish to discharge at least two years before filing for bankruptcy.
• You pass the "240-day rule." The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition, or must not have been assessed yet. (This time limit may be extended if the IRS suspended collection activity because of an offer in compromise or a previous bankruptcy filing.)

HOWEVER:  If you own any property to which a lien has been recorded against for the payment of those taxes, when you go to sell that property you will still have to pay back the taxes from the proceeds of the sale of that property.  So if you owe taxes, I strongly recommend chapter 7 as your solution.

Full post as published by The Law of Second Chances on May 04, 2010 (boomark / email).