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Behm Law Group, Bankruptcy Attorneys

Bankruptcy News & Recent Cases

Treatment of Tax Debts in Chapter 7 Bankruptcy in Mankato, MN

October 10th, 2017 · No Comments

Like the vast majority of countries across the globe, the functioning of the U.S. government and the U.S. economy are largely related to the payment of taxes. While it’s important for everyone to chip into the country finances with taxes, it’s possible for debts related to taxes to be accumulated if a business or individual is struggling financially. However, if you file for bankruptcy, your tax debts may be handled differently than other types of debt involved in the process. In particular, when you file for Chapter 7 bankruptcy in Mankato, MN, the treatment of your tax debts can be complex and confusing. Behm Law Group, Ltd. offers expert legal advice and assistance concerning your tax debts and other financial circumstances in a bankruptcy case.

Chapter 7 bankruptcy allows for the discharge of several kinds of debts you owe. However, the process doesn’t discharge all types of debts, and tax debts are often considered non-dischargeable. In fact, there are conditions as to when your tax debts can be discharged, but your debts must meet all the requirements listed below.

  1. Your tax debts may be discharged in a Chapter 7 bankruptcy case if the due date for your return was three or more years before the date that your bankruptcy case was filed; this includes extensions of return due dates. The time period is measured from the date you filed for bankruptcy.
  2. If your tax debts are due on income taxes they may be eligible for discharge in Chapter 7 bankruptcy. This includes federal income taxes, state income taxes, and gross receipt taxes.
  3. The return for the tax debts you owe must also have been filed more than two years before the date that you filed for bankruptcy. This often doesn’t include returns filed with a “late” status, but in some cases the bankruptcy court will allow tax debts on a late return to be discharged if you meet all other requirements listed.
  4. Even if you have filed your return within the time period required and the return itself and the subject tax debt for that return was at least three years old, your taxes must still meet the additional requirement of the 240-day assessment. This means if your tax return/debt was assessed by the taxing authority less than 240 days before the date that you filed for bankruptcy, your tax debts will not be eligible for discharge.
  5. Additionally, if there is any fraud, evasion, or willful misconduct involved with your tax debts or tax return, those debts will not be eligible for discharge in a Chapter 7 bankruptcy case.

Although the requirements for tax debt discharge in a Chapter 7 bankruptcy case are strict, it’s not impossible for those tax debts to be eligible for discharge. The help of an experienced bankruptcy attorney is key in helping you understand and predict the way your tax debts will be treated when you file for bankruptcy.

Contact Behm Law Group, Ltd. today at (507) 387-7200 for more information about Chapter 7 bankruptcy in Mankato, MN.

Tags: Bankruptcy Options · Chapter 7 Bankruptcy ·


 

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