Bankruptcy Debt Collection Class Actions Lending Law Credit Reports Law Library Resource Links Quick Forms

Home Staff Profiles Privacy Policy Disclaimer Contact Us Directions Special Notice

Unfiled Taxes

Income Taxes
Unfiled Taxes
Credit Cards
Student Loans
Co-signed Debt
Types of Debt
Community Debts
Creditor Notification
Discharge Challenge
Challenged Options
Unlisted Debts
Lien Removal
Civil Judgments
Wage Garnishments

Are unfiled tax returns dischargeable? 

When no return has been filed, or a return has been filed within two years of the bankruptcy, the taxes cannot be discharged in Chapter 7.  However, they can be discharged in Chapter 13 if the tax return was due more than three years before the commencement of the bankruptcy case and was not assessed within 240 days of the filing.

You will usually need to prepare and file the returns for the priority tax years, either before the bankruptcy filing or shortly thereafter.  You should consult with an attorney before you file any unfiled tax returns to determine the most advantageous time to file the returns.

It may be possible to negotiate other settlements with the IRS.  Consult with an attorney before you decide how to deal with your taxes in bankruptcy.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

Search for:

Revised
February 21, 2005

Back Up Next

Click here to see our Disclaimer.