Can I file for bankruptcy on past due taxes? 18 Answers as of June 08, 2011

I want to put down my past due taxes on my bankruptcy file, but I am not sure if I can do this. Is it legal to put that down?

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Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
You list all of your debts in your bankruptcy.If the taxes are less than 3 years old, then they will not be discharged.That means you will continue to owe them.
Answer Applies to: Oregon
Replied: 6/8/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Taxes due to the IRS are not dischargeable in Bankruptcy. There is a specific place on the Petition to list the past-due taxes, but you will be responsible for resolving your debt with the IRS.
Answer Applies to: New Hampshire
Replied: 6/8/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, but don't do it without a lawyer. Taxes that are 3 years old, and filed on time, are dischargeable. There are other qualifications, as well, so please make an appointment with someone qualified.
Answer Applies to: Virginia
Replied: 6/8/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Generally, tax penalies must be over 3yrs old to be dischargeable in BK.
Answer Applies to: Washington
Replied: 6/8/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
The dischargability of older tax obligations is a technical matter and you should seek advice from a bankruptcy attorney in your area. In most circumstances, taxes older than 3 years are dischargable in bankruptcy.
Answer Applies to: Indiana
Replied: 6/8/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    You have to "put them down." Leaving them out is LYING to the Judge. Whether it helps you discharge them is a lot more complicated. Filing Chapter 7 bankruptcy discharges income taxes more then three years after they were due (April 15 or there about unless you got an extension) two years after they were filed. You have to have filed close to on time. And It has to be more than nine months after any later assessment.
    Answer Applies to: Virginia
    Replied: 6/8/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You are required to list all of you debts. This would include past due taxes. The real question is whether or not the taxes would be discharged. First, you need to go to the local IRS office and get a "plain English transcript" for the tax years in question. Second, you should take those transcripts to an experienced bankruptcy attorney. You would not want to miss getting a discharge on some taxes by making an error in the filing date of your bankruptcy petition. Don't be afraid to go to the local IRS office. They will not be mean to you.
    Answer Applies to: California
    Replied: 6/8/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If the taxes are for a year more than three years ago (2006 or maybe even 2007 at this point) and if the returns were actually filed, then if certain other conditions are also met, then income taxes can be discharged.
    Answer Applies to: California
    Replied: 6/8/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    One can discharge past due taxes only if they were assessed more than three years ago. Please contact us if you would like more information. Thanks for tuning in!
    Answer Applies to: Connecticut
    Replied: 6/8/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Old personal taxes may be discharged in bankruptcy if they are more than 3 years old from the date they were originally due and you have in fact filed the taxes for the years in question.
    Answer Applies to: Washington
    Replied: 6/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    All debts, including all taxes owed, must be listed in a bankruptcy. Most taxes are not discharged. Generally speaking, taxes to be discharged must have been owed for more than three years and tax returns must have been filed more than two years previously. There are other rules and you should contact an attorney specializing in bankruptcy to understand the rules.
    Answer Applies to: California
    Replied: 6/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    At least three year must have passed from the date the tax return was filed. For example, if you filed by April 15, 2008 for taxes owed for 2007 then filing after April 15 2011 will discharge the 2007 income tax liability. That assumes there was fraud or tolling of the time by having made an offer in compromise. This area is complex but the three year since filing rule is the basic requirement. This refers to income taxes owed the IRS and the state. If you did not file an income tax return then you will never be able to discharge the tax liability. You need to consult with a bankruptcy attorney to advice you in your individual situation.
    Answer Applies to: California
    Replied: 6/7/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    The question of which if any past due taxes can be discharged or reduced in a bankruptcy is something you should discuss with a bankruptcy lawyer. Many taxes cannot be discharged.
    Answer Applies to: Florida
    Replied: 6/7/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Under a 5 part exception, you may discharge taxes in a bankruptcy.
    Answer Applies to: California
    Replied: 6/8/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Under certain circumstances Federal and State income taxes can be discharged. If taxes are a main reason for your consideration of bk then you really need to talk to a bk attorney who is familiar with discharging taxes.
    Answer Applies to: California
    Replied: 6/7/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You must list all your debts, even taxes on your bankruptcy papers. Whether they are dischargeable is another matter.
    Answer Applies to: California
    Replied: 6/8/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You are legally required to list all your assets and all your debts in any bankruptcy case. Failure to do so is fraud and subject to denial of discharge, sanctions and possible jail time. If you're asking instead whether or not the taxes are dischargeable, that is a very complex area and depends on a number of factors. Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. The best thing to do is have a consultation with a qualified bankruptcy attorney in your area to see what you can and can't accomplish. The attorney will need to see literal transcripts (called "records of account") from the taxing agencies for each year that you owe.
    Answer Applies to: California
    Replied: 6/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    First of all, stop trying to do this without a lawyer. Your case will go badly and you could lose your discharge, and even lose assets unnecessarily. Get a lawyer. You MUST list all your debts - including taxes. You can spend five years in prison for leaving things out. A lawyer will be able to determine which taxes can and cannot be discharged, or in some cases how to use a Chapter 13 to repay them.
    Answer Applies to: Georgia
    Replied: 6/7/2011
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