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Actually, yes you can wipe out federal income tax debt in a chapter 7 Bankruptcy. You have to meet several conditions, but it is possible. The main condition is that the taxes have to be at least 3 years old. For instance you cannot wipe out taxes owed for 2008 if you file BK in 2009. But you can get rid of them if you meet all of the qualifications.
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No it does not eliminate your taxes.
For the last comment, dont think that your going to run down to the local office and file with the government and be done with it. Im going off memory but I remember the conditions being next to impossible to meet. I believe one of the conditions is that you have had to been paying on their debt for a set number of years and/or making an attempt to pay them prior to you filing banko. |
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Chapter 7 provides for full discharge of allowable debts. Chapter 13 provides a payment plan to repay some debts, with the remainder of debts discharged. Under the new bankruptcy laws, tax debts are treated the same way in both Chapter 7 and Chapter 13 petitions. Not all tax debts are capable of being discharged in bankruptcy. The bankruptcy petitioner must have tax debts that meet five criteria for discharge.
Tax debts are associated with a particular tax return and tax year. The bankruptcy law lays out specific criteria for how old a tax debt should be. Five Rules to Discharge Tax Debts If the income tax debt meets all five of these rules, then the tax debt is dischargeable in Chapter 7 and Chapter 13 bankruptcy petitions.
Return Due At Least Three Years Ago The tax debt must be related to a tax return that was due at least three years before the taxpayer files for bankruptcy. The due date includes any extensions. Return Filed At Least Two Years Ago The tax debt must be related to a tax return that was filed at least two years before the taxpayer files for bankruptcy. The time is measured from the date the taxpayer actually filed the return. Tax Assessment At Least 240 Days Old The IRS must assess the tax at least 240 days before the taxpayer files for bankruptcy. The IRS assessment may arise from a self-reported balance due, an IRS final determination in an audit, or an IRS proposed assessment which has become final. Tax Return was Not Fraudulent The tax return cannot be fraudulent or frivolous. Taxpayer Not Guilty of Tax Evasion The taxpayer cannot be guilty of any intentional act of evading the tax laws. Some Tax Debts Not Dischargeable Tax debts that arise from unfiled tax returns are not dischargeable. The IRS routinely assesses tax on unfiled returns. These tax liabilities cannot be discharged unless the taxpayer files a tax return for the year in question. Other Tax Issues in Bankruptcy Before a Chapter 7 or Chapter 13 bankruptcy can be granted, the bankruptcy petitioner is required to prove that the four previous tax returns have been filed with the IRS. The four previous tax returns must be filed no later than the date of the first creditors' meeting in a bankruptcy case. Additionally, bankruptcy petitioners are required to provide a copy of their most recent tax return to the bankruptcy court. Creditors can also request a copy of the tax return, and petitioners must provide a copy to them. there is an IRS publication about this: Publication 908 from March 2009 see: Publication 908 (03/2009), Bankruptcy Tax Guide
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Answers are for general information only and should not be construed or relied upon as legal or financial advice.
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Quote:
Hello Curtis, While I agree that there are conditions to meet, it is certainly not next to impossible to meet them. Saphire has it right with the conditions that must be met. Essentially as long as you are on the up and up, filed the returns but after 3 years just could not get the money to pay them, they may be able to be discharged in a ch. 7. Perhaps the laws were different years ago when you were looking into it. |
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