Chapter 13 Bankruptcy and Your Tax Debt
If you're seeking a solution to help manage tax debt then
Chapter 13 bankruptcy
may be something to consider. It often depends on the type of debt in
question, along with other financial obligations of the debtor. You may
even gain an advantage using Chapter 13 to handle the debt that you may
not gain from filing
Chapter 7 bankruptcy
. Important factors to help determine how Chapter 13 may help you pay down
tax obligations includes understanding exactly how much you owe, can any
of it be discharged, and whether they are non-priority or priority tax debts.
Tax debt that is considered a non-priority may be paid with other unsecured
debts when your repayment plan is developed for review by the bankruptcy
court. The entire amount of this debt may not be eligible for discharge,
you may only be required to pay a certain amount or less than what is owed.
There are qualifications the debt in question should meet:
- The debt should be related to federal and state income taxes.
- It is past due by three years including any extensions you have received.
- The tax returns related to the debt has been filed within the last two years.
- The Internal Revenue Service (IRS) has reviewed or accessed the tax within
240 days of filing for protection.
- Fraud or tax evasion does not apply to your situation.
On the other hand, priority
tax debts can be handled through a repayment plan based on your ability to repay.
Such debts include property taxes, tax liens, and taxes that should have
been withheld from employment earnings. Discuss your situation with an
experienced Dallas-Fort Worth bankruptcy lawyer.