Discharge Income Tax Through Bankruptcy
Tax debts are typically considered "priority" debts. This means that they are addressed and paid first when assets are liquidated in Chapter 7. If there are no assets to pay for the priority debt, the debt will survive the bankruptcy discharge. However, income taxes lose their priority over time. When the income tax debt becomes “non-priority” it can be discharged in a Chapter 7, like any other dischargeable debt.
In order for income taxes to be eligible for discharge in a Chapter 7 bankruptcy, the following rules must be met.
- The taxpayer filed the return for which the balance is due;
- The tax return was not fraudulent;
- The due tax of that return is more than 3 years old;
- The return filed more 2 years ago;
- The last date of assessment on the return occurred more than 240 days ago; and
- The taxpayer is not guilty of tax evasion
These criteria must be applied to each year's tax debt to determine if that year's unpaid balance is dischargeable through bankruptcy. Some of your tax debts might be while others might not.
Bankruptcy v. Offer in Compromise (OIC)
Both bankruptcy and an OIC have the ability to fully resolve the taxpayer's entire tax balance. Deciding which option to pursue depends on the taxpayers situation. Taxpayers with only tax debt may want to go the OIC route.
Taxpayers that have tax debt and other dischargeable debt, may want to pursue a bankruptcy. A taxpayer's 401K can be protected in a bankruptcy, while the IRS may want to count the 401K as an asset and include it in the OIC. Accordingly, it would be wised to seek the counsel of an attorney who can provide both Offer in Compromise and bankruptcy services.
Qualification and Other Options for Lowering Tax Payments Through Bankruptcy
How Do I Know If I Qualify to Discharge Tax Debts Through Bankruptcy
Making the determination as to whether a taxpayer’s income tax debt qualifies for a discharge in bankruptcy takes a skilled practitioner. John Harrington has years of experience reviewing tax transcripts and determining whether income tax debt qualifies for discharge in bankruptcy.
The bankruptcy option for tax debt relief in another example of why people with tax problems need an attorney. Only properly admitted attorneys can file bankruptcy petitions. Only attorneys can render legal opinions as to whether you qualify for a bankruptcy and whether your tax debt qualifies for discharge in a bankruptcy. CPAs, accountants and Enrolled Agents can not render an opinion as it is the practice of law.
Lowering Tax Payments Through Bankruptcy
There are other reasons to file a bankruptcy, even if the tax debt is not dischargeable. Discharge of other debt can free up funds to pay off your tax debt. Even if the tax debt is not dischargeable, as long as the due date of the returns were more than 3 years old, the penalties can be discharged.
Example of Lowered Tax Payments and Savings Through Bankruptcy
A taxpayer may have $30,000 in credit card debt for which they make a minimum payment of $1,200. They are also paying $450.00 per month toward an income tax debt of $30,000. The tax debt is from a return that was filed a year ago but the due date on the return was more than 3 years ago. Once the taxpayer goes through a Chapter 7 bankruptcy, the credit card debt is written off as well as penalties on the taxes leaving $25,000 remaining on the tax debt. After discharge, a new payment plan can be negotiated with the IRS based on the $25,000 owed and the new payment would be $350.00 per month. In this example, the taxpayer got rid of the credit card debt, reduced their tax debt by $5,000 and freed up an additional $1,300 per month or $15,600 per year.