Can Bankruptcy Discharge Tax Debt?

Bankruptcy can help Chicago businesses and individuals that cannot pay their debts. Three common bankruptcy codes set the rules, and each deal with debt differently. However, whether you file Chapter 7, Chapter 11 or Chapter 13 depends on how much you will be required to pay, and which debts are forgiven. At Benjamin Brand, LLP, we assist clients in filing bankruptcy and finding the best solution to save your home.

Credit Karma reports that most unsecured debt can be discharged, such as personal loans and credit card debt. Other forms of debt, such as Chicago child support, alimony and student loan debt, cannot be excused. Mortgages and car loans may or may not be discharged, depending on the type of bankruptcy you file. Tax debt is a bit more complicated.

Requirements for Discharging Tax Debt

The court considers three factors for discharging tax debt:

  • Taxes must be assessed within 240 days before you file.
  • Bankruptcy cannot forgive taxes until three years after they are due.
  • A tax return must be filed for the taxes owed at least to years before filing for bankruptcy.

Even though bankruptcy is supposed to help you get a fresh start, it can affect more than your credit scores. If you tried to avoid Illinois or Federal taxes, they and any applicable penalties are not discharged. Income taxes can be forgiven under very limited circumstances. It should be noted that even if taxes are discharged, there may be tax liens that must still be paid. In situations where the lien is recorded before you file bankruptcy, it may be impossible to sell your property until the debt is settled.

Filing Returns After Filing Bankruptcy

Although you may be able to deal with past tax debt through filing bankruptcy, it does not protect you from current or future IRS obligations. Tax returns are due as usual, either on time or by submitting an extension. Taxes and bankruptcy are both complex issues. You don’t need to tackle them alone. Working with a Chicago attorney can help you choose the right type of filing for your needs.

Located in the Heart of Chicago’s West Loop

Our West Jackson Blvd office is convenient to 1000 W. Adams Condo Association, Brooklyn Boulders Chicago and a broad range of retail locations, so you can make an appointment to discuss your situation and still finish your errands. Contact us today or call 312-853-3100

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