If I file bankruptcy can I include an I.R.S. debt of 8,000 dollars? 22 Answers as of June 15, 2013

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Law Office of Robert Sisson | Robert Sisson
No. Federal or state government debts can't be included.
Answer Applies to: Wisconsin
Replied: 6/15/2013
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If you file bankruptcy you must include everything. Whether the debt is discharged or not will depend on several factors such as when you filed your tax return, what kind of tax debt it is, whether any tolling events have occurred, etc. You need an expert to analyze your specific circumstances. If the IRS assessed the tax and you did not file a return then it will never be discharged. *Here are some general guidelines*: 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. These general guidelines do not attempt to list the different circumstances that can toll the time in question. If you are out of the country for more than six months, if you have a previous bankruptcy, if you submitted an offer in compromise are some examples of things than run the time out longer.
Answer Applies to: California
Replied: 6/14/2013
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You have to list all debt, no matter what it is. The issue is whether the taxes are dischargeable. If 1) the returns were actually signed and filed by you and 2) if filed, they were filed on time, or if filed late, they were filed more than two years ago and 3) if the tax year is 2008 or earlier, and 4) the tax was assessed by the IRS more than 8 months ago, then those taxes are subject to being discharged in bankruptcy. If ANY of the above is not true, then the taxes are not dischargeable in bankruptcy at this time.
Answer Applies to: California
Replied: 6/12/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You can. In fact, you have to list all of your creditors. It can be dischargeable, but there are several requirements. You need to discuss this with your bankruptcy attorney.
Answer Applies to: Missouri
Replied: 6/12/2013
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
Some taxes may be discharged in bankruptcy. There is a formula to follow, but the tax year has to be more than 3 years ago, the return had to be actually filed, and there are some other steps and time periods to analyze to see if the tax is dischargeable. If not dischargeable, the ability to discharge other debts may make it easier to pay the IRS. General information only, not legal advice. Debt relief agent and attorney at law.
Answer Applies to: New Jersey
Replied: 6/12/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    IRS debt must be included in any bankruptcy filing.
    Answer Applies to: Georgia
    Replied: 6/12/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    You must include all debts, even IRS debts which may not be discharged, depending on the date of such liability.
    Answer Applies to: Florida
    Replied: 6/12/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    I need to know if it is for income taxes and how old?
    Answer Applies to: New York
    Replied: 6/12/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You can and must include it, but that doesn't mean it will be dischargeable. That would depend upon a number of factors. You probably should talk to an experienced bankruptcy attorney, myself or otherwise.
    Answer Applies to: California
    Replied: 6/12/2013
    Law Offices of David A. Tilem | Michael Avanesian
    Yes, but only under certain circumstances. It's too complicated for me to explain over the internet and this is an area where many attorneys get in trouble.
    Answer Applies to: California
    Replied: 6/12/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Whether that tax debt will be discharged in a bankruptcy depends on a number of factors. To have an attorney determine that for you, you will need to know what tax year(s) the debt originates from, when the tax returns were filed with the IRS, when they were assessed by the IRS, and whether they have been audited or re-assessed.
    Answer Applies to: Oregon
    Replied: 6/12/2013
    Michael B. McFarland, P.A. | Michael B. McFarland
    Yes, you must include a listing of all your debts. The question is whether or not the IRS debt is dischargeable. If it was assessed within the last 3 years, it may not be dischargeable, but if it's more than 3 years old, it probably is. Even if you can't discharge it in a Chapter 7, you could pay it through a Chapter 13 - and assuming no tax lien, you would not pay interest after the filing date of the bankruptcy. Talk to an experienced bankruptcy attorney.
    Answer Applies to: Idaho
    Replied: 6/12/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You include every debt you owe in any bankruptcy case. Whether you may be able to eliminate this debt in bankruptcy would require a lot more detailed information, such as what tax year the debt is for, whether the return was filed on time or late, and why you had this tax debt.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Income Taxes owed either to the IRS or the state can be tricky. The first thing you must determine is whether the taxes owed are over Three years old from the date assessed. If they are then you may potentially discharge them in bankruptcy. If the taxes are from recent years you will not be able to discharge them.
    Answer Applies to: California
    Replied: 6/12/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Filing bankruptcy requires that you list all of your assets and all of your debts, that includes the IRS. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney. An attorney is should be your guide through this process. They should educate you, be there to assist you in how to avoid pitfalls and help you plan for your future after bankruptcy. There are hundreds of "bankruptcy" attorneys in Arizona. Of those just a few will fit the criteria set forth above. Again, bankruptcy is a very complicated process and you want to use an attorney who will be there when you need them.
    Answer Applies to: Arizona
    Replied: 6/12/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can include it, but it may not be discharged by the bankruptcy. The discharge of a tax debt is a relatively complicated question requiring analysis of the nature of the debt, when the return was filed, if it has been assessed and if there is a tax lien.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Depends on when the tax return was filed, or when or if there was an assessment, of if there is a tax lien. You should consult with local counsel. Bring a tax transcript for the year or years in question. The lawyer will need that to make a determination of when the tax would be dischagreable.
    Answer Applies to: California
    Replied: 6/12/2013
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Maybe, maybe not. It depends on a number of factors relating to the debt.
    Answer Applies to: Indiana
    Replied: 6/12/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    IRS debts are not usually dischargeable but payable through a Chapter 13
    Answer Applies to: New Jersey
    Replied: 6/12/2013
    Idaho Bankruptcy Law | Paul Ross
    Yes, but it won't be discharged unless it is over 3 years old.
    Answer Applies to: Idaho
    Replied: 6/12/2013
    Jeffrey A. Cogan, Esq., Ltd.
    Jeffrey A. Cogan, Esq., Ltd. | Jeffrey A. Cogan
    Is the debt from 2009 or earlier? Is it for income taxes or 941 taxes that you as an employer withheld from your employees pay check? Did you file your tax returns in the year that you were supposed to? Only after answering these questions can a lawyer give you proper advice.
    Answer Applies to: Nevada
    Replied: 6/12/2013
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    When you file a bankruptcy petition, you MUST include ALL of your debts and all of your assets. Federal and State income taxes are not dischargeable, except in very specific circumstances. You need to see a competent attorney and have him/her review your specific circumstances.
    Answer Applies to: California
    Replied: 6/12/2013
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