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Can I Discharge Income Tax Debt In A Bankruptcy Filing?

Some income tax debts can be discharged through both Chapter 7 and Chapter 13 bankruptcy. There are five restrictions that must be met for tax debts to be eligible:

  • The due date for filing the tax return was at least three years ago
  • The return itself was filed at least two years ago
  • The assessment of taxes is at least 240 days old
  • The tax return itself was not fraudulent
  • You are not guilty of tax evasion

If these things are true, you are eligible to discharge your income tax debt in a bankruptcy filing.

If these things are not true, it may be beneficial to wait to file until all you meet all the requirements (if time is the limiting factor).

Learn more about how to discharge income tax debts in Chapter 7 or Chapter 13 bankruptcy by calling the Queens bankruptcy attorneys at Zelenitz, Shapiro & D’Agostino for a free consultation at 718-599-1111.