Before filing for bankruptcy, there may be better options for resolving your tax debt. We help you explore every alternative and plan strategically if bankruptcy is the right path.
If you are considering bankruptcy as a way to resolve tax debt, it is critical to understand what taxes can and cannot be discharged, and to plan accordingly. Not all tax debts are dischargeable in bankruptcy, and filing at the wrong time can result in your tax debt surviving the process entirely.
Generally, income tax debt may be dischargeable in Chapter 7 bankruptcy if the tax return was due at least three years before filing, the return was filed at least two years before filing, the tax was assessed at least 240 days before filing, and the return was not fraudulent and you did not willfully attempt to evade the tax.
Before pursuing bankruptcy, we evaluate all available options including Offers in Compromise, installment agreements, Currently Not Collectible status, and penalty abatement. In many cases, one of these alternatives resolves the tax problem without the long-term consequences of bankruptcy.
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Some tax debts can be discharged in bankruptcy, but strict timing rules apply. Income taxes that meet the "3-2-240 rule" may be dischargeable. Trust fund taxes (like payroll taxes) are never dischargeable. We help you understand which debts qualify.
Bankruptcy should be a last resort for tax debt. In many cases, IRS resolution options like Offers in Compromise or installment agreements are more effective. We evaluate all options before recommending bankruptcy.
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