QUESTION
Can back income taxes be included in a bankruptcy?
Asked on Sep 17th, 2013 on Bankruptcy - Colorado
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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They cannot be discharged. All creditors and al debts have to be listed.
Answered on Nov 04th, 2013 at 2:11 AM
In some circumstances income taxes can be discharged in bankruptcy.
Answered on Sep 18th, 2013 at 1:51 PM
Income taxes that are over a certain number of years might be dischargeable in a bankruptcy. But there are lots of rules around their dischargeabilty. I am being vague around the timing because this is definitely something that you want to talk to an experienced bankruptcy attorney about AFTER they have gotten a copy of your tax transcript. Miscalculating the date for filing by even 1 day could be the difference between a discharge of those taxes or not.
Answered on Sep 18th, 2013 at 12:46 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Old income taxes can be discharged in bankruptcy. The rules are complicated, and you should consult an attorney. But the starting point of the analysis is a three year rule. For example, the 2010 tax return was due on April 15, 2011. Assume you timely filed the tax return. Add three years to April 15, 2014.You can file bankruptcy after that date and discharge the income taxes. I stress that the specifics of your case must be analyzed.
Answered on Sep 18th, 2013 at 12:32 PM
Every debt you owe must be listed in your bankruptcy. You have not provided enough information to allow me to speculate whether or not your tax debt can be eliminated in a bankruptcy.
Answered on Sep 18th, 2013 at 9:45 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes under certain circumstances.
Answered on Sep 18th, 2013 at 9:06 AM
It depends on a number of factors but in some cases yes.
Answered on Sep 18th, 2013 at 4:28 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes, but there are very specific rules, so be careful.
Answered on Sep 18th, 2013 at 4:28 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Monies owed to state or federal government cannot be included.
Answered on Sep 18th, 2013 at 4:20 AM
Yes, in some circumstances. Please talk to a bankruptcy attorney who has experience with discharging taxes.
Answered on Sep 18th, 2013 at 4:14 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes they can, but usually are not dischargeable, but if you do a chapter 13, they can be paid through the Plan.
Answered on Sep 17th, 2013 at 7:27 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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If done properly.
Answered on Sep 17th, 2013 at 6:41 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes and no. It depends upon how far back the taxes are, when they were assessed and a host of other issues. In order to be sure, someone must request a tax transcript and then an analysis must be done. I have seen cases where the attorney filed the case one week too early and as a result what would have been dis-chargeable taxes were not discharged. It is a process that requires a careful analysis by someone who knows what they are looking at.
Answered on Sep 17th, 2013 at 6:26 PM
2 Awards
Yes, they must be included. However, they may be non-dis-chargeable. You need to have your tax transcript pulled and analyzed before you file.
Answered on Sep 17th, 2013 at 6:26 PM
Deborah F. Bowinski
The rules for what taxes are dis chargeable in bankruptcy are quite complex and are very fact intensive. You really should consult with an attorney to see whether bankruptcy would relieve you of your past due tax burden.
Answered on Sep 17th, 2013 at 6:26 PM