You must list the debt, even it is not dischargeable, it is still a debt.
IRS taxes can be discharged, but there are five (5) rules to meet and this forum is not the appropriate place to divulge confidential information.
Find a consumer bankruptcy attorney on AVVO or use the link below.
Find one who has done this before and they will be able to run the data for you.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
For the most part, federal, state, and local income taxes are dischargeable in bankruptcy, if they meet the following rules: (1) the tax must have become due at least 3 years before filing for bankruptcy (including any extensions), (2) the tax forms must have been filed at least 2 years before filing for bankruptcy, and (3) the taxes must have been assessed at least 240 days before filing. This a very complex area with many moving parts and exceptions. Therefore, you should speak to a Pennsylvania bankruptcy attorney who has experience handling tax discharge cases. You may also wish to obtain an “account transcript” (or “literal transcript”) from the IRS for each tax year in question (not a "tax return transcript") to provide to your attorney.
Answers to any question on this forum are for general information purposes only and do not constitute legal advice or establish an attorney-client relationship between the Philadelphia bankruptcy attorneys at Harborstone Law Group and you. This type of forum cannot substitute for a consultation with a licensed Pennsylvania bankruptcy and debt attorney.
Taxes are dischargeable with certain rules. Please consult with a bankruptcy attorney as soon as possible.
Vullings Law Group, LLC
You need to do a comprehensive tax analysis to determinate the dischargeability of federal/state income taxes. It begins with providing your attorney with a tax transcript which is free to obtain from your local irs office. This is not a tax return but a tax transcript which contains all the codes necessary to calculate the right time to file your case. If you file before the right date, your taxes will survive the bankruptcy case. Take the time to conduct a tax analysis before filing bankruptcy. If you file 1 day too early, the taxes survive.
Dunne Law Offices, P.C. serves Philadelphia, Montgomery, Delaware, Chester, and Bucks Counties in Pennsylvania. Answers to any question on this forum are for general information purposes only and do not constitute legal advice or establish an attorney-client relationship between Dunne Law Offices, P.C. or its attorneys and you. This type of forum cannot substitute for a consultation with an attorney.
Depending on what tax year you owe and when those returns were filed will determine if you can discharge the particular tax debts in bankruptcy. Generally, if your debts are for the past three years they are not discharged. If they are 4 tax years or more old and you filed the returns timely then you have a chance.
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