Taxes and Bankruptcy: The Nuts and Bolts
The filing and subsequent discharge of either a Chapter 7 or a
Chapter 13 bankruptcy may eliminate some types of personal
income tax liability. There are, however, certain restrictions
which must be met in order to completely eliminate personal
income tax liability through bankruptcy.
Some personal income taxes may be eliminated through the filing
and subsequent discharge of a Chapter 7 bankruptcy. The
following requirements must be met for the personal income tax
liability to be eliminated in a Chapter 7 bankruptcy:
The tax return must have been filed on time
The filing should not be fraudulent
The tax return must have been filed over three years ago as of
the bankruptcy filing date (e.g. IRS debts for the last three
years generally, would not be dischargeable)
Alternatively, in some cases, if the tax return was filed late,
was not fraudulent and was filed over two years ago as of the
date of the bankruptcy filing, the tax debt may be deemed
dischargeable. For example, if you filed your 1986 tax returns
in 1990, and in 1994 filed a Chapter 7 Bankruptcy, this tax debt
would be dischargeable as long as it was not related to a
fraudulent filing and the tax debt was assessed by the IRS over
240 days before the bankruptcy filing.
Even if all of the above requirements are met, personal income
taxes can still sometimes be non-dischargeable in a Chapter 7
bankruptcy. This occurs when the IRS has placed a tax lien on
the debtor's property. In this case, the tax liability must be
paid in full, but the IRS may be forced to accept a payment plan
or substantially eliminate penalties through the filing of a
Chapter 13 bankruptcy.
In a Chapter 13 bankruptcy, the debtor makes payments to a
bankruptcy trustee and the bankruptcy trustee in turn
distributes a percentage of the payment to the creditors. A
Chapter 13 plan is filed with the court which determines the
amount distributed to each creditor by the trustee. A bankruptcy
judge can force the IRS to accept extended payments on personal
income tax liability through a Chapter 13 plan. This type of
bankruptcy works well when the IRS has a tax lien on personal
property and the debtor has enough income to pay back the IRS
over a three to five year period. Tax penalties may be
discharged in a Chapter 13 bankruptcy because they are lumped in
with all the other unsecured creditors of the debtor, such as
credit cards. These are generally only paid back through the
bankruptcy at 10% or ten cents on the dollar.
Filing either a Chapter 7 or a Chapter 13 bankruptcy may be a
useful tool for debtors to eliminate tax liability.
About the author:
Richard K. Gustafson, II is a partner with Legal Helpers and
specializes in consumer bankruptcy law.
www.legalhelpers.com,
the law firm of Macey & Aleman, is one of the nation's largest
consumer bankruptcy firms. Legal Helpers can be contacted by
phone, 888-743-5787 or by email,
info@LegalHelpers.com
.