TAX DEBTS FROM RETURNS DUE MORE THAN 3 YEARS BEFORE BANKRUPTCY FILING
More than three years must have gone by since the return generating the liability was due, including extensions. Various actions such as prior bankruptcies, collection due process hearings, innocent spouse relief and tax assistance orders can extend this three year time frame.
FOR FILED RETURNS THOSE MORE THAN TWO YEARS OLD
The tax return must have been filed more than two years earlier than the bankruptcy petition. IRS prepared substitute returns are not considered filed returns for this purpose. As a result, it is recommended that taxpayers file all delinquent returns and do not file until the time frame is met.
ASSESSMENTS FROM AUDIT ADJUSTMENTS OR AMENDED RETURNS MUST BE AT LEAST 240 DAYS OLD
At least 240 days must have gone by since the date of an assessment, generally applicable to audit adjustments and amended returns. Note, that this time frame is extended by any offer in compromise.