QUESTION
Can I file bankruptcy on my back taxes? If so, do I need to file my back taxes first before filing for bankruptcy?
Asked on Jul 23rd, 2013 on Bankruptcy - North Carolina
More details to this question:
I owe back taxes I am paying on and I still have not filed my 2010, 2011, or 2012. I lost my business in 2010 .
8 ANSWERS
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
Discharge rules of bankruptcy require that your "late-filed" tax returns be completed at least two years prior to your bankruptcy filing. The years in question (10, 11, and 12) are non-dischargeable because they are not at least three (3) years old or older, so they would have to be paid thru your Chapter 13 Plan (at "0" % interest as long as there is no tax lien). Many times, potential debtors wait to file to discharge their taxes until those tax years become dischargeable in bankruptcy.
Answered on Jul 25th, 2013 at 2:21 PM
You cannot discharge taxes for tax years in which you did not file the returns. And, to discharge them the taxes had to been due for more than 3 years (more than 3 years has to run from the April 15th date, or October 15th if you filed an extension) and you have to have filed the tax returns more than 2 years before you file your bankruptcy.
Answered on Jul 24th, 2013 at 8:49 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
You can only discharge taxes that are more than three years old. You will have to have all tax returns filed before your bankruptcy will be completed.
Answered on Jul 24th, 2013 at 8:41 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Yes, but that does not mean the taxes are discharged.
Answered on Jul 24th, 2013 at 7:57 PM
Personal Injury Attorney serving Glendale, CA
at
JT Legal Group
Update Your Profile
Very complicated question and only a fool attorney would answer without thorough analysis. My boss is actually training other attorneys on how to handle these issues today.
Answered on Jul 24th, 2013 at 7:48 PM
You should get the returns prepared before you file bankruptcy. You will need to produce copies of these tax records to the bankruptcy trustee or your case cannot be completed.
Answered on Jul 24th, 2013 at 11:34 AM
Litigation Attorney serving Stockton, CA
at
Patrick Jay Edaburn
Update Your Profile
Yes your tax filing must be current to file bankruptcy.
Answered on Jul 24th, 2013 at 10:39 AM
Corporate & Incorporation Attorney serving Huntersville, NC
at
Elliott Law Firm, P.C.
Update Your Profile
In order to qualify as a debtor under the bankruptcy code, all required tax returns must be filed.
Answered on Jul 24th, 2013 at 9:51 AM