Orange County Bankruptcy Lawyers Attorney Profile Testimonials Getting Started Contact Orange County Bankruptcy Attorneys
Recent Posts
Categories
Archives
Orange County Bankruptcy Overview
Chapter 7
Chapter 11
Chapter 13
Bankruptcy FAQ
Bankruptcy Process
Bankruptcy Myths
Life After Bankruptcy
Credit Couseling
Orange County Bankruptcy Information
How to Choose an Attorney
Stopping Creditor Harassment
Benefits of Bankruptcy
Bankruptcy Reform Act
Alternatives to Bankruptcy
Bankruptcy Means Test
Contact an Orange County Bankruptcy Lawyer




« Why Are Some Creditors So Stupid? “The Grand Illusion”, by Charleston DeMott, Charleston Bankruptcy Attorney | Main  | National Expert Predicts Rising Bankruptcy in 2011 and 2012 »
  Does Bankruptcy Clear IRS Debt?

Bankruptcy can clear some types of tax debt.  It will not clear a federal tax lien that has attached to your assets.  However, when no tax lien has been filed, income tax debt can be discharged and cleared from your record if some very specific requirements are met in either a Chapter 7  or a Chapter 13 proceeding.  Not only can bankruptcy clear IRS income tax debt, it can get rid of state and local income tax debt as well.

Timing is an important issue in clearing a tax debt and there are some other basic steps that must be followed.  To discharge income tax debt, the following rules apply:

  1. Your tax returns must have been due three years or more before the  petition was filed;
  2. Your tax returns have to have been filed more than two years before the petition;
  3. The tax you owe must have been assessed against you by the government for at least 240 days before the case is filed;
  4. Your tax returns must have been truthful and not fraudulent; and,
  5. You must not have been intentionally attempting to evade or defeat the tax when you failed to pay.

There are some technical rules that can complicate a discharge of tax, but in most cases the tax will be discharged if the above requirements are met.

If a notice of federal tax lien has been filed by the IRS, the tax debt covered by the lien becomes attached to any assets you own at the time it is filed.  What is worse is that it attaches to anything new you get so long as the lien is in effect.  This applies as long as you owe the tax.  Until the collection time limit expires or the tax debt is cleared the lien remain in place.








by Kent Anderson, Oregon Bankruptcy Attorney · Posted in Discharge of Debt

Posted By Joseph Tosti on July 20, 2010 11:35 am | Permalink 
Click here to be instantly connected to a Bankruptcy Attorney
Click here to view our bankruptcy blog
15615 Alton Parkway Suite 210 Irvine, CA 92618
Orange County Bankruptcy Information Center Orange County Bankruptcy Law Orange County Personal Injury
Attorney Web Design The information on this Orange County Bankruptcy Lawyer website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.