Facing financial difficulties is a daunting experience, especially when it involves tax debts. Bankruptcy can be a viable option for individuals overwhelmed by debt, but what about tax obligations? Yes, it is possible to discharge tax debts! Understanding how bankruptcy affects tax debts is crucial for making informed decisions. In this guide, we’ll delve into the intersection of bankruptcy and tax debts, providing clarity on what you need to know.

Understanding Bankruptcy:

Bankruptcy is a legal process that offers individuals and businesses a fresh financial start by relieving them of overwhelming debt burdens. It’s governed by federal law and provides different paths, or “chapters,” each with its own set of rules and eligibility criteria. The two most common types of bankruptcy for individuals are Chapter 7 and Chapter 13. In general, if a debtor (the individual that files the bankruptcy) is below the median income level, they will want to file a chapter 7 bankruptcy because it is quicker and easier. The most common exceptions to choosing to file a chapter 13 when the debtor qualifies for a chapter 7 would be if the debtor has mortgage arrearage (i.e., missed mortgage payments and/or significant non-exempt assets).

Tax Debts in Chapter 7 Bankruptcy:

Tax debts can be discharged in Chapter 7 bankruptcy under specific conditions. To qualify for discharge, the following criteria generally must be met:

  1. The tax debt must be income tax debt;
  2. The tax debt must be at least three years old based on when the taxes were due (thus, extensions to file taxes can affect the dischargeability timeline);
  3. The tax return must have been filed at least two years before filing for bankruptcy;
  4. Normally the tax return needs to be filed by the debtor before a substitute for return was filed by the IRS;
  5. The tax assessment must have been made at least 240 days before filing for bankruptcy;
  6. The taxpayer must not have committed fraud or willful evasion in relation to the tax debt;
  7. If the taxing authority has a filed lien on a debtor’s house before the bankruptcy is filed, then the tax itself might be discharged if all of the above conditions are met, but the lien could still exist after the bankruptcy discharge.

Normally meeting the above criteria for state and/or federal income taxes would mean that the taxes can be discharged in the chapter 7, but it’s essential to consult with a bankruptcy attorney for personalized guidance.

Tax Debts in Chapter 13 Bankruptcy:

In Chapter 13 bankruptcy, tax debts that are owed within three years of the filing are “priority” taxes and will need to get paid in full in the chapter 13 plan (no interest would need to get paid on those taxes and if the tax returns were timely filed, then no interest that accrued on that tax debt during the chapter 13 would have to get paid post-discharge). Taxes that meet the dischargeability requirements for a chapter 7 normally would not need to get paid in a chapter 13 (these taxes essentially would be treated like credit card debt) and would get discharged upon successful completion of the chapter 13. But if there is a filed tax lien on the debtor’s house before the chapter 13 is filed, then the tax lien, plus interest, will need to get paid in full during the chapter 13 (even if the tax otherwise would have qualified for discharge).

Non-dischargeable Tax Debts:

Certain tax debts are generally not dischargeable in bankruptcy, including:

  1. Tax debts for unfiled tax returns or returns filed late within the past two years;
  2. Tax debts that aren’t older than three years old based on when they were due;
  3. Tax debts resulting from fraudulent activities or willful evasion;
  4. Trust fund taxes withheld from employees’ wages;
  5. Property taxes and other tax liens.

It’s important to note that bankruptcy laws and tax regulations are complex and subject to change, so seeking professional advice is crucial.

Conclusion:

Bankruptcy can offer relief for individuals struggling with overwhelming debt, including tax obligations. Understanding the interaction between bankruptcy and tax debts is essential for making informed decisions about your financial future. Whether you’re considering Chapter 7 or Chapter 13 bankruptcy, consulting with a qualified Portland bankruptcy attorney can provide clarity and guidance tailored to your specific circumstances. Bankruptcy can be a very powerful tool for not only dealing with overwhelming credit card, medical debt, and unsecured bank loans, it can also significantly help individuals with tax debt.