Legal Question in Bankruptcy in California
Owed taxes included in bankruptcy
I received a letter from the IRS stating I iwed them taxes from 2005. I am currently filing for Bankruptcy. Can I put the owed taxed in my bankruptcy claim?
2 Answers from Attorneys
Re: Owed taxes included in bankruptcy
You must put the taxes on your bankruptcy schedules. However, they won't be discharged.
Re: Owed taxes included in bankruptcy
While you are required to list the taxes in your bankruptcy filing, the will not be discharged in a Chapter 7 case. One of the requirements to discharge tax debt in a Chapter 7 is that it must be at least 3 years from the date the taxes were assessed. If you filed your 2005 return on time, the taxes would have been assessed when your returned was due in April 2006. This your tax debt would not be dischargeable until after April 2009 at the earliest. And not all types of tax debts are dischargeable either.
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