Legal Question in Bankruptcy in California
Federal Taxes and Bankruptcy
Local radio ads refer to discharging back Federal income taxes by banruptcy. My wife and I are considering bankruptcy and want to know if, and under what conditions, this is true. All the literature i can find says that federal taxes are NOT dischargable under chapter 7.thanks
2 Answers from Attorneys
Federal Taxes and Bankruptcy
Income taxes are dischargeable in bankruptcy under certain circumstances. The statutes are quite complex, so there is no way to give you a definite answer without throughly reviewing your individual facts. However, as a general rule, if your returns were timely filed, and they are over 3 years old from the date they were due (April 15 of the year after) on the date you file your bankruptcy, they are dischargeable.
If you live in California and would like a more comprehensive consultation, I invite you to visit my website at http://www.bklaw.com/bklaw and give me a call.
Best Regards,
Mark
They may be dischargable
You must have filed a return for the year they were due and it must be 3 years since the last possible due date. the timing of the BK filing is important.
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