You always include taxes in your filing. Some older taxes can be discharged. Read section 523 of the code for direction (I say this tongue in cheek, as many bankruptcy attorneys have to double check with other professionals to make sure their interpretation is right)

Answer Applies to: Michigan
Replied: 9/27/2011

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They have to be over 3 years old to be dis-chargeable.

Answer Applies to: Washington
Replied: 9/21/2011

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Federal income taxes are not dischargeable in bankruptcy.

Answer Applies to: Texas
Replied: 9/16/2011

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All liabilities must be listed in the petition, however strict and narrow conditions apply to exception to the rule that taxes are generally non-dischargeable. Ill-timing in filing the bankruptcy may be fatal. Counsel's recommended to address the restrictions of 11 USC 507 and 11 USC 523 and order transcripts to verify tax history; online information may be incomplete.

Answer Applies to: California
Replied: 9/16/2011

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Taxes may or may not be dischargeable depending on when they were filed and how they were assessed. You definitely need to seek legal advice regarding this matter.

Answer Applies to: Oregon
Replied: 9/15/2011

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You must list all assets and all debts in any bankruptcy filing. Failure to do so is grounds for denial of discharge and prosecution by the FBI. If you're asking whether or not taxes are dischargeable in bankruptcy, that depends. Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days.

Answer Applies to: California
Replied: 9/15/2011

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Yes, you have a couple of options with taxes. If the taxes are older than three years (2007, 2006, etc.), then you can discharge the tax debt in a Chapter 7 bankruptcy provided you timely filed the tax return. For newer taxes (2008, 2009, and 2010), you can repay those taxes without penalties and accruing interest in a Chapter 13 plan. Thus, bankruptcy can be a good solution for resolving tax problems.

Answer Applies to: Colorado
Replied: 9/14/2011

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Everything is included in your bankruptcy. You must list all assets and all debts. Whether the tax is discharged depends on a number of factors that your attorney can explain to you.

Answer Applies to: California
Replied: 9/14/2011

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Yes, you not only can include your delinquent income taxes in your bankruptcy, you MUST include them. There is a legal requirement for debtors to list ALL of their debts. This is true regardless of whether the debt is dischargeable and regardless of which chapter you file under. So list your taxes and all of your other debts. By the way, a lot of taxes are dischargeable. For instance, if your taxes are income taxes from 2007 or earlier, and you filed a nonfraudulent tax return, then they are dischargeable. So don't be discouraged. Get an attorney and talk to them before you make a big mistake that prevents your discharge or lose your property. Good luck.

Answer Applies to: Ohio
Replied: 9/14/2011

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You must list tax liability because it is a debt, but you need to be aware that the taxes will not be discharged. Depending on the size of the debt, you should consult with an attorney that can discuss differences between a chapter 7 and a chapter 13 as they concern taxes.

Answer Applies to: Colorado
Replied: 9/14/2011

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You must list all debts, including income taxes owed, when you file for bankruptcy. Some income taxes can be discharged in bankruptcy. Talk to experienced bankrupt counsel regarding discharging income taxes in bankruptcy and expect to pay more for your bankruptcy.

Answer Applies to: Colorado
Replied: 9/14/2011

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It generally depends on how old they are and when (and if) you filed the returns. There are some other conditions if they have recently been assessed for example because you were audited. I would definitely see a bankruptcy attorney, don't try and do this one yourself, it is too easy to mess up and you don't want to mess with the IRS!

Answer Applies to: Michigan
Replied: 9/14/2011

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If the taxes owed are older than 3 years (hence before 2008) yes, otherwise no.

Answer Applies to: Florida
Replied: 9/14/2011

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Good question. It depends on a lot of factors. In a Chapter 7 taxes are dischargeable if you filed the return on time and they are at least three years old. For example, if you filed a tax return on April 15, 2008 and a Ch 7 after April 1, 2011 the tax would probably be dischargeable. (It is more complicated than that, but this is the basic framework.) In a Chapter 13 you can pay the taxes through the plan. Ch 13 is great for nondischargeable taxes because taxes are a priority debt and get paid off before the unsecured debt.

Answer Applies to: Colorado
Replied: 9/14/2011

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All of your debts are included in the filing. Whether or not the tax debt is dischargeable is a separate issue. There is a five part test to determine dischargability of a tax debt. Consult with a local attorney.

Answer Applies to: Arizona
Replied: 9/13/2011

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Typically income taxes due are not dischargable in bankruptcy.

Answer Applies to: Utah
Replied: 9/13/2011

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All debts are included in bankruptcy. Some debts, like most taxes, are not discharged.

Answer Applies to: California
Replied: 9/13/2011

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It sounds like what you are really asking is whether income tax can be * discharged* in a bankruptcy. The answer to that question is... it depends. As a rule income tax for an individual may be discharged if the tax liability is not the result of fraud or an attempt to evade payment, there is no pending tax lien on your assets, the debt arises from a return you filed more than three years before your bankruptcy petition, and any deficiencies were assessed 240 days (or more) prior to the petition date. Federal income taxes that meet these criteria may be considered non-priority taxes and will be treated like other non-priority, unsecured debt (i.e., like credit card debt). In order to fully understand the rule you should consult with a qualified bankruptcy attorney.

Answer Applies to: Massachusetts
Replied: 9/13/2011

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If you don't list them, you have committed perjury, can be denied a discharge and could go to prison. All your debts have to be listed. Some taxes are dischargeable and some are not, and it is extremely important you use an attorney so you discharge those you can, and also time the case to maximize any discharge.

Answer Applies to: Georgia
Replied: 9/13/2011

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Some taxes are dischargeable Taxes must have been timely filed and from prior years. In other words the IRS should have already had a shot at collection.

Answer Applies to: Mississippi
Replied: 9/13/2011

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Yes, and you must list every debt anyway, so they're getting listed. The issue is are they dischargeable? That is a whole different story, and while there are some general rules regarding the dischargeability of taxes, they depend greatly on the facts of your case. This is something you would definitely want to discuss with a bankruptcy attorney.

Answer Applies to: California
Replied: 9/13/2011

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Whether you can discharge a income debt in bankruptcy depends on the age of debt. If it was incurred in the last 3 yrs. Definitely not. Outside the last 3 yrs. Maybe depending on other factors.

Answer Applies to: Michigan
Replied: 9/13/2011

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Bankruptcy allows some income taxes to be discharged, while others maintain priority and cannot be discharged. To figure out which is which, you should consult a local bankruptcy attorney.

Answer Applies to: Indiana
Replied: 9/13/2011

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You can include them on the petition, but the taxes will only be dischargeable in the following instances: 1-you filed a tax return for the tax years in question - substitutions for returns don't count 2- the liability or debt that you wish to discharge is for a return that you actually filed at least two years before your bankruptcy filing 3-the tax return for the debt you wish to discharge was first due at least 3 years before you filed for bankruptcy 4-the IRS has not assessed your liability for the taxes within 240 days before you file for bankruptcy. Assuming you can meet these elements, your tax debt may be dischargeable. If you're filing a chapter 13, which is a repayment plan, you can include the back taxes payment into your ch. 13 payment, but at the end of the repayment period, if they don't meet the above criterion, then what is remaining on the tax balance will not be discharged.

Answer Applies to: California
Replied: 9/13/2011

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Income taxes are not dischargeable in Bankruptcy.

Answer Applies to: Georgia
Replied: 9/13/2011

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You have to list all of your debt in a bankruptcy. However, some debt is not dischargeable. Talk to a bankruptcy attorney.

Answer Applies to: California
Replied: 9/13/2011

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They have to be listed, bu they may not be discharged. You should see a lawyer before you file to determine which would be discharged (if any). Bring the lawyer a "Plain English Transcript" from the local IRS office for every year you owe. They are free from the IRS and no one there will harass you.

Answer Applies to: California
Replied: 9/13/2011

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Generally, taxes that were incurred more than three years ago can be discharged in bankruptcy.

Answer Applies to: California
Replied: 9/13/2011

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You must list all debts including taxes. Some can be discharged, so you do not have to pay. Most of the taxes that are dischargeable are ones that have been owing for more than three years.

Answer Applies to: Colorado
Replied: 9/13/2011

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It depends on the year and whether you filed them on time or not.

Answer Applies to: Illinois
Replied: 9/13/2011

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Answer depends on a few factors: type of bankruptcy (7 or 13), age of debt, etc.

Answer Applies to: California
Replied: 9/13/2011

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The general rule is that taxes may be discharged if the taxes are older than 3 years, if you filed the tax returns, and if the taxes have not been assed recently. I normally advice client's to seek expert tax advise regarding the dischargeability of taxes.

Answer Applies to: California
Replied: 9/13/2011

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You must list all debts. Taxes over 3 years old may be dischargeable.

Answer Applies to: Virginia
Replied: 9/13/2011

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You must list all debts in your bankruptcy. Some debts are nondischargeable however. Taxes are not dischargeable in general. There are exceptions. I suggest discussing with an attorney.

Answer Applies to: Nevada
Replied: 9/13/2011

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You will have to include taxes that are past due in your bankruptcy paper work; by that I mean that youll have to disclose that you owe past-due taxes. But those past-due taxes will not be dischargeable, which means that youll still owe the taxes after your bankruptcy is done.

Answer Applies to: California
Replied: 9/13/2011

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You have to list all debts, including taxes, but taxes the return was never filed regardless of which year, and taxes for a year three years ago or less are not dischargable in any circumstances.

Answer Applies to: California
Replied: 9/13/2011

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All obligations must be included in your bankruptcy schedules. Income tax returns filed at least three years prior to the filing of a bankruptcy petition, if taxes were owed, are usually dischargeable, with a couple of exceptions.

Answer Applies to: Utah
Replied: 9/13/2011

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If you have filed your income taxes and they are older than 3 years, you may be able to discharge your income taxes.

Answer Applies to: Washington
Replied: 9/13/2011

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