My wages for unpaid taxes have been garnished since 2006. I am getting sick of the harassment and wage garnishment. I have been suffering too much. What can I do?
Taxes are dischargeable in BK if they are from a year over 3 years ago, for which you filed a return over 2 years ago, which were assessed over 240 days ago. So, if you are being garnished for 2004, you filed a return for that year over two years ago, and the IRS hasnt reassessed that amount in the last 240 days, you can discharge them in Bankruptcy.
Consult with a tax attorney who specializes in negotiating settlements with the IRS or state. You may also consider filing bankruptcy if the debt is a huge debt or you have other debt in addition to the tax debt. There are certain criteria that you must meet to qualify for tax debt discharge, so feel free to consult with a bankruptcy attorney if you want to consider that route.
You can probably discharge the tax debt from 2006 in bankruptcy and that will stop the garnishment. There are a number of requirements that must be met to discharge income taxes in bankruptcy but the most important ones are that the taxes are for a year more than three years ago and that you filed a tax return over two years ago and that you filed an honest return. You need to have a consultation with a bankruptcy attorney to see if bankruptcy is the best option for you.
Unfortunately, obligations for unpaid state and federal taxes are not dischargeable through bankruptcy. Generally, your only options would be to pay off your tax debt in full, or renegotiate a lower amount with the IRS. You should consult a tax attorney with experience negotiating tax debts.
GARNISHMENT of wages in SC are not legal. However, if the home office of the company you work for is in Georgia, then the creditor CAN garnish wages from your paycheck. IN GENERAL - taxes are not dischargeable, but since they are so old, they MIGHT be dischargeable. It would depend on when they got filed and other factors.
If the back taxes were for income taxes they are probably dischargeable in a Ch 7. See a Bankruptcy lawyer who understands tax issues. To be dischargeable taxes must be 3 years old and returns filed on time.
It depends on what kind of taxes they are. If they are income taxes they are dischargeable in bankruptcy if they are more than 3 years old, returns filed for at least 2 years and there have been no additional assessments in the last 240 days. Trust fund type taxes (employee withholding) are never dischargeable. Assuming they are dischargeable, a bankruptcy would stop the garnishment also.
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