Tax liability over 3 years old is dischargeable.

Answer Applies to: Washington
Replied: 1/19/2012

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Tax dischargeability is woefully complex with various exceptions-therefore consult with bankruptcy counsel and don't rely on general-informational online-input. Primary sources include 11 USC 523(a)(1) and 11 USC 507(a)(8).

Answer Applies to: California
Replied: 12/19/2011

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Some taxes are dischargeable, but they must be at least 3 years old and a return must have been filed at least 2 years earlier.

Answer Applies to: Texas
Replied: 12/4/2011

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Yes. The general rule is that income taxes that are older than 3 years are dischargeable.

Answer Applies to: Virginia
Replied: 12/3/2011

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Yes, you can eliminate tax debt that is older than three years (2007, 2006, etc.) provided the returns were filed more than two years ago.

Answer Applies to: Colorado
Replied: 12/3/2011

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Some income taxes over 3 years old can be discharged. Consult with an attorney to see if you qualify.

Answer Applies to: California
Replied: 11/30/2011

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Some taxes are dischargable in bankruptcy but it depends on when the taxes were assessed. If it's been at least three years, it is likely dischargable in bankruptcy. You should seek guidance from a local, experienced bankruptcy attorney.

Answer Applies to: Indiana
Replied: 11/30/2011

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There only certain circumstances where debt owed to the IRS may be discharged through bankruptcy. 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.

Answer Applies to: Michigan
Replied: 11/30/2011

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Everything is included in the bankruptcy filing. Whether they are dischargeable or not depends on multiple factors. If the income tax debt meets all five of the following 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 and the above conditions are met.

Answer Applies to: California
Replied: 11/30/2011

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Personal tax debt can be discharged if: Tax due more than three years ago. (Example: Filing today could discharge tax debt due April 15 2008.) Tax return was filed on time. Tax return was not fraudulent. This simplifies question a little, but those are the basics

Answer Applies to: Colorado
Replied: 11/30/2011

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A couple of years may not be enough. You have to have been owing the taxes for over three years to make them dischargeable.

Answer Applies to: Colorado
Replied: 11/30/2011

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The answer depends on a lot of factors. If it is more than three years old, and there has been nothing formal started by the IRS or agreed by you, there is a good chance the taxes are dischargeable. This is absolutely not an issue you want to tackle without an attorney.

Answer Applies to: Minnesota
Replied: 11/30/2011

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Taxes may be discharged in certain circumstances in a bankruptcy. The general rule is that the tax year must be at least 3 years old, the taxes must be 1040 taxes, the tax return must have been on file for at least 2 years and there must not be any sign of evasion of the tax liability. There are a number of exceptions to the general rule so you should go see a bankruptcy attorney or CPA for a more informed opinion as to your particular situation.

Answer Applies to: Texas
Replied: 11/30/2011

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If it is older than 3 prior tax years than it may be dischargeable in bankruptcy, but there are other factors involved, so you should speak to an attorney.

Answer Applies to: New York
Replied: 11/30/2011

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As a rule State and Federal taxes are not dischargeable in bankruptcy: but tax liability that is over 9 years old may be vulnerable to attack in bankruptcy court. Even if an entire tax debt is not dischargable, certain interest and penalties may be subject to full or partial discharge. Consult a qualified bankruptcy attorney in your area to get answers specific to your situation.

Answer Applies to: Illinois
Replied: 11/30/2011

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You can get rid of income taxes depending on how old they are, when you filed your returns, and when the tax was assessed against you. Whole books are written just on this subject. If it is not a tax that you can eliminate, you can still pay it back through a chapter 13 bankruptcy in monthly installments and under court protection.

Answer Applies to: Minnesota
Replied: 11/29/2011

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They have to be at least 3 yrs old since the time they were first due.

Answer Applies to: Michigan
Replied: 11/29/2011

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It is possible to discharge older (at least 3 years old) income taxes in bankruptcy (assuming you filed a tax return).

Answer Applies to: Colorado
Replied: 11/29/2011

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They need to be over 3 years old and assessed for for at least 240 days. - and there maybe tax liens which would affect dischargeability - go to the local IRS office and get "plain English transcripts" for the years in question and take them to a competent bankruptcy lawyer.

Answer Applies to: California
Replied: 11/29/2011

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Very generally, if we're talking personal income taxes which are 3+ years overdue and for which you actually filed the return at least 2 years ago, they're probably dischargeable. There are other factors to consider and things which can extend the time limits so you should speak with an attorney "in person" before doing anything.

Answer Applies to: California
Replied: 11/29/2011

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If they are less than 3 years old, bankruptcy will not eliminate them.

Answer Applies to: Georgia
Replied: 11/29/2011

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Depends on when the tax was due, if you filed an extension, and when the tax return was filed and accepted. Fed tax 3 years old where the tax return was filed and accepted 2 years prior to the filing may be discharged if there are no other impediments to the discharge.

Answer Applies to: Florida
Replied: 11/29/2011

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Yes. Tax debts can be discharged in bankruptcy but there are a set of complex rules that determine if the taxes are eligible for discharge.

Answer Applies to: Texas
Replied: 11/29/2011

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Some taxes are dischargeable in chapter 7 but there are qualifications. If after proper analysis your taxes are not dischargable in a chapter 7, a chapter 13 might be a good fit for you. Many people shy away from chapter 13s but they can be a great tool for reorganizing non-dischargeable tax debt. An experienced bankruptcy attorney could help with this analysis.

Answer Applies to: Ohio
Replied: 11/29/2011

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There are a number of requirements to discharge income tax debt in bankruptcy. One of those requirements is that it must be at least three years from the date the return was due (including extensions requested) and you must have filed a truthful return.

Answer Applies to: California
Replied: 11/29/2011

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If older than 3 years yes. Let's say you file before 2011 ends, taxes prior to 2008 can be discharged through bankruptcy, and if you file in 2012, then tax debt before 2009 can be discharged.

Answer Applies to: Florida
Replied: 11/29/2011

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If the taxes are over 3 years old and you filed those taxes on time for those particular tax year(s), they are dischargeable in bankruptcy.

Answer Applies to: Illinois
Replied: 11/29/2011

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It depends what you mean by "a couple of years ago". If the return is more than 3 years ago, and the IRS has made no effort to collect it, then it can be discharged. If either of the above is not true then it is not dischargeable, and you should contact the IRS to set up a repayment plan.

Answer Applies to: California
Replied: 11/29/2011

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Income taxes for tax years 2010, 2008 and 2008 are presently non-dischargeable. If the tax year was 2007 or before AND the return was timely filed when it was due, those taxes can be discharged.

Answer Applies to: California
Replied: 11/29/2011

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Taxes less than 3 years old are NOT dischargeable in bankruptcy.

Answer Applies to: California
Replied: 11/29/2011

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