Can I file bankruptcy on my IRS debt? 6 Answers as of August 17, 2015

I owe IRS over 80k and know I will never be able to pay them, I feel like bankruptcy my only way out. I did file in 2001 and lost my own business but did not file against the IRS portion. Can I file now?

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GARCIA & GONZALES, P.C. | Richard N. Gonzales
Taxes are very tricky. Is there a tax lien? Have you filed timely tax returns? Or were your returns filed late? Are you relying on returns filed by the IRS on your behalf? Do you own any property of any kind? You would be well advised to meet with an experienced BK lawyer. Any lawyer worth their salt is going to charge you for the consultation. However, if you do not do this right, you could find yourself in a quandary!
Answer Applies to: Colorado
Replied: 8/17/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I believe I answered this very question a few days ago. The law has not changed in that time. Have you tried an offer in compromise? Good Luck.
Answer Applies to: Wisconsin
Replied: 8/12/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need to have good lawyer look at your tax transcripts. This not a "yes" "no" question.
Answer Applies to: California
Replied: 8/11/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Since more than 8 years have passed since 2001, your previous bankruptcy will not prevent you from filing another Chapter 7 case. All debt must be included in any bankruptcy but I am unable to say whether or not the IRS debt you owe is eligible to be eliminated or indeed if you are eligible for a Chapter 7 bankruptcy.
Answer Applies to: Nevada
Replied: 8/11/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should talk to an attorney to discuss the details but generally yes you can.
Answer Applies to: New York
Replied: 8/11/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Some taxes are dischargeable. You need to see a knowledgeable local bankruptcy attorney to evaluate them for you. Here are the basic rules and some information: *Income Tax Dischargeability* Generally, unsecured income taxes that were first due more than three years before the bankruptcy is filed can be discharged in full in any chapter of bankruptcy if a timely and non-fraudulent return was filed. *Priority taxes * Taxes first due within three years of the bankruptcy and taxes assessed within 240 days of the bankruptcy, or which are unassessed but assessable when the case is filed, are priority claims which are not subject to discharge. Priority taxes will survive a Chapter 7 discharge to the extent that the trustee does not have money in the estate to pay them. In Chapter 13, such taxes must be paid in full through the plan; penalties associated with those taxes, however, can be treated as a non-priority claim and paid a fraction along with other unsecured claims. In Chapter 13, the tax does not continue to incur interest during the case; if the plan is completed, no post filing interest is due. Taxes for which no return has been filed are not dischargeable in bankruptcy. If a return was filed late, for a year outside of the priority tax period, the return must have been on file for two years for the tax to be discharged in bankruptcy. *Five Rules to Discharge Tax Debts* If the income tax debt meets all five of these rules, then the tax debt is dischargeable in Chapter 7 and Chapter 13 bankruptcy petitions. 1. The due date for filing a tax return is at least three years ago. 2. The tax return was filed at least two years ago. 3. The tax assessment is at least 240 days old. 4. The tax return was not fraudulent. 5. The taxpayer is not guilty of tax evasion. *Return Due At Least Three Years Ago* The tax debt must be related to a tax return that was due at least three years before the taxpayer files for bankruptcy. The due date includes any extensions. *Return Filed At Least Two Years Ago* The tax debt must be related to a tax return that was filed at least two years before the taxpayer files for bankruptcy. The time is measured from the date the taxpayer actually filed the return. *Tax Assessment At Least 240 Days Old* The IRS must assess the tax at least 240 days before the taxpayer files for bankruptcy. The IRS assessment may arise from a self-reported balance due, an IRS final determination in an audit, or an IRS proposed assessment which has become final. *Tax Return was Not Fraudulent* The tax return cannot be fraudulent or frivolous. *Taxpayer Not Guilty of Tax Evasion* The taxpayer cannot be guilty of any intentional act of evading the tax laws. *Some Tax Debts Not Dischargeable* Tax debts that arise from unfiled tax returns are not dischargeable. The IRS routinely assesses tax on unfiled returns. These tax liabilities cannot be discharged unless the taxpayer files a tax return for the year in question.
    Answer Applies to: California
    Replied: 8/11/2015
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