Can Bankruptcy Fix Tax Debt Problems?

Tax debt can be a nightmare if gone unchecked. Sometimes, people just can’t pay their federal or state taxes. For those of you that are facing a tax debt problem, bankruptcy could be an option you have to eliminate the debt.

If you owe money to the IRS or State Franchise Tax Board, there’s no ignoring it. Sometimes referred to as the most aggressive collection agencies in the world, the Internal Revenue Service and Franchise Tax Board have almost unlimited power in recovering tax debt, including garnishing your wages and placing liens against your property. The promising news is that bankruptcy may be effective in eliminating some of your tax debt burden as long as you meet some general conditions. In other instances, your tax debt is still due at the conclusion of your Chapter 7 case or they are repaid in your Chapter 13 repayment plan. A debt relief attorney is a wonderful resource for anyone wanting to find out if their particular debt can be discharged in bankruptcy.

When filing a Chapter 7 bankruptcy, if the tax is income tax and not payroll or some other kind of tax, you may be able to wipe out the tax debt assuming the following:

• You didn’t commit tax fraud or evasion
• The tax debt is at least 3 years old
• You filed a tax return more than 2 years ago
• Your tax debt must have been assessed within 240 days before filing bankruptcy

It’s important to note that if you have a tax lien on your home; the lien will  NOT go away when filing a bankruptcy. While your tax debt obligation might be wiped out, the lien will remain on your property which will prevent you from selling the house without paying the tax lien.  If you don’t meet these standards there are alternative options such as a payment plan or offer in compromise that you can apply for directly with the IRS.

Another caveat of utilizing bankruptcy to fix your tax debt problems is that some tax debt is never eligible for a discharge including: tax penalties, tax debts from unfiled returns, and trust fund taxes or payroll withholding taxes.

If you are facing debilitating debt, you should certainly look into all the options that you have available. Filing for Chapter 13 or Chapter 7 bankruptcy under the U.S. bankruptcy code can be a very effective option. Contact your local bankruptcy attorney to better understand your options and make an informed decision about your financial future.