Bankruptcy FAQ: Will Bankruptcy Get Rid of Tax Debt?

TRI Writer • August 31, 2022

When you have a past due balance with the IRS that you cannot pay, bankruptcy may be the only option.

When You Don’t Have the Money to Cover Past Due Federal Taxes:

When you don’t have enough readily available cash to pay your past due federal taxes, you may feel like you are in an impossible spot; left with no options. However, there you aren’t left to your own devices. When you need to pay a past due balance to the IRS, you may benefit from an IRS payment plan or an offer in compromise negotiated directly with the IRS. If neither option is viable, you may want to discuss the possible benefits of bankruptcy with an experienced attorney.

Bankruptcy and Getting Rid of Tax Debt:

Most taxes cannot b eliminated through bankruptcy, but some can. Reach out to an experienced local bankruptcy attorney to review your case and see if your tax debt may be eligible. In some cases, filing Chapter 7 bankruptcy could include qualifying past due balances with the IRS if your tax debt is eligible for discharge.

Can Your Tax Debt be Eliminated through Chapter 7 Bankruptcy?

Your tax debt may be eligible for Chapter 7 bankruptcy discharge if all the following conditions are met:

  • The tax debt is federal or state income tax debt. Bankruptcy cannot eliminate other taxes (such as payroll taxes or fraud penalties).
  • You did not purposely avoid paying your taxes or file a fraudulent tax return. If the tax debt is associated with breaking the law, bankruptcy is not an option.
  • The tax debt is 3+ years old. The tax return associated with the tax debt must be from three or more years ago to include in a bankruptcy filing.
  • You filed a tax return associated with the tax debt (at least two years before filing bankruptcy).
  • The IRS assessed the tax debt at least 240 days before the bankruptcy filing (or the tax debt has not yet been assessed). The 240-day rule may be extended if the IRS suspended collection efforts because of a compromise or a previous tax filing.

How Does Bankruptcy Discharge Affect Tax Debt?

If you meet all of the listed requirements, your tax debt may qualify for inclusion in a Chapter 7 bankruptcy filing. When a tax debt is included in a Chapter 7 discharge, the obligation to pay the debt is discharged, but it is not eliminated. When the obligation to pay the tax debt is eliminated, the IRS can no longer seek payment by going after the taxpayer’s income or bank account. However, it is essential to note that tax debt and liens are separate things. Tax debt is money owed to the state or federal government for past returns. A tax lien is a legal judgment against your property to satisfy a tax debt or obligation. Bankruptcy does not eliminate prior tax liens.

If you are filing bankruptcy in Georgia or Tennessee and have questions about how bankruptcy can help with tax debt, contact Kenneth C. Rannick P.C., Tennessee, and Georgia bankruptcy attorney. We help good people through bad times.

Can I Keep My Car If I File for Chapter 7 Bankruptcy in Tennessee?

February 17, 2025
Can I Keep My Car If I File for Chapter 7 Bankruptcy in Tennessee?

What Are My Options If I Am Drowning in Credit Card Debt in Tennessee?

February 1, 2025
What Are My Options If I Am Drowning in Credit Card Debt in Tennessee?

What Are the Documents Required to Apply for Chapter 7 Bankruptcy in Tennessee?

November 21, 2024
What Are the Documents Required to Apply for Chapter 7 Bankruptcy in Tennessee?

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Tennessee?

October 29, 2024
What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Tennessee?

Understanding Chapter 7 Bankruptcy Qualifications

June 24, 2024
Understanding Chapter 7 Bankruptcy Qualifications

Understanding the Role of the Trustee in Chapter 13 Bankruptcy

April 5, 2024
Understanding the Role of the Trustee in Chapter 13 Bankruptcy

Understanding which Debts can be Discharged in Chapter 7 Bankruptcy

March 27, 2024
Understanding which Debts can be Discharged in Chapter 7 Bankruptcy

Protecting Your Assets in Chapter 7 Bankruptcy

February 19, 2024
Protecting Your Assets in Chapter 7 Bankruptcy

Subchapter 5 Bankruptcy: Unlocking New Possibilities for Tennessee Residents

January 30, 2024
Are you a Tennessee resident facing financial challenges and considering bankruptcy? If so, you may have heard about a relatively new option called Subchapter 5 bankruptcy. But what exactly is Subchapter 5 and how does it differ from traditional Chapter 11 bankruptcy? More importantly, what benefits does it offer to individuals and small businesses?  In this blog post, we will explore the world of Subchapter 5 bankruptcy and shed light on its advantages for Tennessee residents. Whether you're a struggling entrepreneur or an individual burdened by overwhelming debt, understanding the potential benefits of Subchapter 5 can help you make informed decisions about your financial future. What is Subchapter 5 Bankruptcy? Subchapter 5 is a relatively recent addition to the United States Bankruptcy Code, specifically designed to provide a streamlined and cost-effective bankruptcy process for small businesses and individuals. It was created as part of the Small Business Reorganization Act (SBRA) in 2019, with the aim of increasing accessibility to Chapter 11 bankruptcy relief. The Benefits of Subchapter 5 Bankruptcy Simplified Process: One of the key advantages of Subchapter 5 is its simplified and faster bankruptcy process. Unlike traditional Chapter 11 bankruptcy, which can be complex and costly, Subchapter 5 offers a more streamlined approach that is better suited for small businesses and individuals. Retention of Ownership: Under Subchapter 5, business owners have the opportunity to retain ownership and control of their company while developing a repayment plan. This allows for greater flexibility and the ability to restructure debts without losing ownership interests. Reduced Plan Requirements: Subchapter 5 eliminates certain stringent plan requirements that are typically associated with traditional Chapter 11 bankruptcy. This simplification of the plan process makes it more accessible to small businesses and individuals. Debt Repayment Plan: Subchapter 5 allows for the development of a debt repayment plan based on the individual's or small business's disposable income. This plan spans over three to five years, making it more manageable and achievable for debtors. Creditor-Friendly Approach: Subchapter 5 encourages creditor participation and collaboration, promoting consensual resolutions and a more amicable environment. This can lead to increased cooperation, reduced litigation costs, and ultimately, a more successful restructuring process. Subchapter 5 vs. Chapter 11 Bankruptcy: Understanding the Difference While both Subchapter 5 bankruptcy and traditional Chapter 11 bankruptcy share some similarities, there are significant differences between the two. The primary distinction lies in the complexity, cost, and requirements associated with each option. Subchapter 5 offers a more simplified and accessible bankruptcy process specifically tailored to the needs of small businesses and individuals, while Chapter 11 is better suited for larger businesses with more complex financial structures. If you're a Tennessee resident grappling with financial difficulties, Subchapter 5 bankruptcy may provide a viable solution. Its streamlined process, reduced plan requirements, and debtor-friendly approach make it an attractive option for small businesses and individuals seeking relief from overwhelming debt. Before making any decisions, it's essential to consult with a qualified bankruptcy attorney who can guide you through the process and help determine the best course of action for your specific situation. Remember, bankruptcy is not a one-size-fits-all solution, and the outcome will depend on various factors. However, understanding the potential benefits of Subchapter 5 bankruptcy can empower you to make informed decisions about your financial future. At Kenneth C. Rannick, P.C., we specialize in bankruptcy law and can provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and explore your options for a fresh start. Take control of your financial future with Subchapter 5 bankruptcy. Let us help you navigate the path to a brighter tomorrow.

A Comprehensive Guide to How Chapter 11 Bankruptcy Works in Minnesota

December 21, 2023
Filing for bankruptcy can be a scary and confusing decision, but it is a necessary step for individuals and businesses who are struggling with their finances. In Minnesota, one of the most common types of bankruptcy is Chapter 11 bankruptcy, which allows a business to reorganize its debts and continue operating while paying off its creditors. If you're considering Chapter 11 bankruptcy, it's important to understand how it works and what benefits it can offer. In this post, we'll delve into the process of filing for Chapter 11 bankruptcy, highlight its advantages, and discuss how you can get started.  1. Understanding Chapter 11 Bankruptcy Chapter 11 bankruptcy is a form of bankruptcy that allows businesses to reorganize their debts while continuing to operate. The goal of this process is to give businesses a chance to become profitable again by restructuring their debt payments. During Chapter 11 bankruptcy, a business is protected from creditors by an automatic stay that prevents them from pursuing collection activities. The debtor then works with a bankruptcy court and creditors to create a repayment plan that will allow them to pay off their debts over time. 2. Benefits of Chapter 11 Bankruptcy There are several benefits to filing for Chapter 11 bankruptcy. One of the primary benefits is that it allows the debtor to maintain control of their business operations while repaying their debts. This means that the debtor can continue to generate revenue and will not be forced to liquidate their assets to pay off their creditors. Additionally, Chapter 11 bankruptcy can give the debtor more time to negotiate with their creditors and reach a repayment agreement that is more favorable to them. 3. How to File for Chapter 11 Bankruptcy Filing for Chapter 11 bankruptcy can be a complex and time-consuming process, but it is possible with the help of a knowledgeable bankruptcy attorney. The first step is to file a petition with the bankruptcy court, which will initiate the automatic stay and prevent creditors from taking any further collection actions. Next, the debtor will need to provide the court with a comprehensive list of their assets, liabilities, and creditors. From there, the debtor will work with their attorney to create a repayment plan that is feasible and fair to all parties involved. 4. Working with a Bankruptcy Attorney Filing for Chapter 11 bankruptcy can be an overwhelming process, and it is important to work with a qualified bankruptcy attorney who can guide you through the process. A bankruptcy attorney can help you prepare and file the necessary paperwork, negotiate with creditors on your behalf, and create a repayment plan that is tailored to your unique financial situation. Additionally, an attorney can give you advice on how to protect your assets and maintain control of your business operations during the bankruptcy process. Filing for Chapter 11 bankruptcy can be a complicated and stressful process, but it can also be a valuable tool for businesses that are struggling with their finances. By reorganizing their debts and negotiating with creditors, businesses can get a fresh start and work towards profitability once again. If you're considering filing for Chapter 11 bankruptcy in Minnesota, it's important to work with a qualified attorney who can guide you through the process and help you achieve the best outcome.
More Posts
Share by: