29 Dec When may IRS Tax Debts be discharged in Bankruptcy?
IRS Tax Relief in Bankruptcy
As we all know, tax debts can spiral out of control and lead to an IRS tax lien, wage garnishment, or even property seizure. Most people mistakenly believe that taxes are never dischargeable in a bankruptcy. This myth is absolutely wrong! Although there are certain criteria that must be met, bankruptcy relief is often the best way to solve a serious tax problem and stop IRS collection activity. The filing of a bankruptcy case automatically and immediately stays (stops) IRS bank account levies and wage garnishments, and enables the taxpayer to either obtain a discharge or reorganize his or her tax liabilities.
Remember, the IRS is not just any creditor and has the ultimate power to do things other creditors can only dream of. However, if you hire a lawyer before the situation gets worse, there are options and possible solutions available.
Each type of bankruptcy treats IRS tax debt differently. The two most common forms of bankruptcies are Chapter 7 and Chapter 13.
Tax Debts in Chapter 7
Some tax debts are dischargeable through Chapter 7 bankruptcy. If taxes are more than three years old and you filed tax returns related to them more than two years ago, the likely outcome is that you will not have to pay them. Tax obligations that are not dischargeable under Chapter 7 include taxes less than three years old, business taxes, sales taxes, and payroll taxes. In Chapter 7, non-exempt assets are liquidated; any of the leftover IRS tax debts are then discharged unless specific IRS specifications are still not met. If these criteria are not met, the entire IRS tax debt needs to be repaid in whole after the whole bankruptcy process is done. Recent IRS tax debt, meaning not older than three years is not dischargeable.
Tax Debts in Chapter 13
If you are not qualified to file for a Chapter 7 or have decided that Chapter 13 is your best option, non-dischargeable tax debts can be included in your repayment plan. Chapter 13 is the most common of the important tax relief bankruptcy tactics, with some of the IRS tax debt being forgiven. Assets typically don’t need to end up being liquidated; with your income financing the whole payment plan.
In addition, bankruptcy’s automatic stay applies to the IRS as well, meaning all collection efforts pending against you will be stopped. Filing for Chapter 13 will also accomplish two other very important things: Penalties that the IRS has tacked on your tax debt will be discharged, AND, no new penalties or interest will accumulate while you are in Chapter 13. In short, you may pay considerably less money to the IRS by going through bankruptcy than you would if had tried to work out a debt settlement agreement with them on your own.
Note: This is not a legal advice. You should seek the advice of your attorney about your specific case.
STOP THE STEAL: We Filipinos are losing our country!!
The coming election will be our last line of defense to keep our country from Chinese control. This is about our survival. We have only one country. Are we going to be slaves in our own country without giving a good fight? God gave this land to us and He is with us in this fight. Why are we so coward to fight for our country? We cannot expect other countries to fight for us. We have to do it because our Military did nothing and our politicians sold us. Our Malampaya property was sold to Denis Uy of China for a loan from DBP? Looks like no money was paid by Denis Uy. This is the same concept as we are buying our own “galunggung” from China. We lost our dignity and standing among people of the earth. Let us make a stand. We can all write all our government officials that we are protesting We can write our U.S. congressman and senators to sanction China for its actions on West Philippine Sea. They will be happy to help us and they are just waiting for us to do the request. Without any request nothing will happen.
Crispin Lozano is an active member of the State Bar of California since 1999. He do Immigration, Bankruptcy and Taxes and Personal Injury. Call 510-538-7188 for appointment.