A Guide to Understanding Tax Liability and Bankruptcy


Financial pressure mounts rapidly for individuals who owe substantial amounts of taxes and back taxes. People often ask, does filing for bankruptcy for tax debt give you real relief? Does bankruptcy discharge back taxes? Is Chapter 7 or Chapter 13 bankruptcy the best approach? In this guide, these important questions will be addressed to help you better understand all matters related to tax debt and bankruptcy.

A major misconception is that filing bankruptcy on taxes doesn’t work, and that taxes are never discharged. Actually, that is not the case. When a specific set of criteria is met, filing for tax debt bankruptcy really works, which means you can successfully discharge those taxes.

However, in most cases, only income tax can be written off, not other IRS tax debts, such as payroll taxes or penalties. Of course, there are always specific conditions, circumstances, etc., that must be met, and in many cases, there are exceptions to the rules.

The conditions that must be met include a number of issues, but the most important is that there has been no fraud or tax evasion and that a tax return has been filed. Back taxes owed must also be at least three years old. This makes filing for bankruptcy difficult for people, and is one of the main reasons paying off tax debt doesn’t work for many people.

When the appropriate conditions are met, the taxes can be discharged. Even if they cannot be discharged under the circumstances, filing for bankruptcy can still provide substantial relief. The good news is, yes, bankruptcy can still help provide significant financial relief depending on your circumstances.

For example, if you file for Chapter 13 bankruptcy, taxes that are not eligible for forgiveness can be refunded with interest and penalties for up to 60 months. In Chapter 13, a single monthly payment plan is created, giving you something more manageable and allowing you time with a realistic approach to pay off debts and get back on track. Otherwise, by filing for Chapter 7 bankruptcy, you will at least be able to get rid of other debts you may have, making it easier for you to pay your taxes.

Of course, it is always important to consult with an experienced bankruptcy attorney before deciding to file, or to look at other potential alternatives and workable solutions. As mentioned, there are many different conditions and circumstances that may apply, and you’ll want to carefully review your entire financial picture before moving forward with the tax debt and filing for bankruptcy.