How to Discharge IRS Debt Bankruptcy Effectively
Openly discussing finances is important. You’re not alone. Many people face similar situations, seeking straightforward answers. We’ll explore how this process works, because sorting out your finances shouldn’t be shameful or isolating. Learning to discuss money and seek reliable guidance empowers us to regain stability and make informed decisions.
Can Bankruptcy Wipe Away IRS Debt?
Filing for bankruptcy doesn’t automatically eliminate all debts, including those owed to the Internal Revenue Service. It’s more nuanced. Bankruptcy can offer relief from some income tax debts, but it’s not a guaranteed fix. We’ll break down how and when filing bankruptcy can affect IRS debt.
Types of Taxes Bankruptcy Might Cover
Chapter 7 bankruptcy primarily addresses federal and state income tax debt. Other tax debts, like payroll taxes or penalties related to fraud, aren’t usually dischargeable. However, interest and penalties linked to dischargeable income tax might be wiped out. Understanding dischargeable IRS income tax requires understanding several key rules.
Three Key Rules for Discharging IRS Debt in Bankruptcy
The IRS has specific conditions that your income taxes must meet. These include the three-year, two-year, and 240-day rules. Each rule helps determine what’s dischargeable and addresses late filing or dishonesty. Read IRS Publication 908 for more information.
The Three-Year Rule
This rule concerns the time elapsed since the debt became due. For discharge eligibility, your original return’s due date (including extensions) must be at least three years before filing. Your 2020 income tax return (due April 2021), isn’t dischargeable until 2024, unless extensions were granted. Then, three years starts from the latest extension date.
The Two-Year Rule
This rule refers to when you filed your income tax return with the IRS. Filing after authorized extensions may mean you won’t meet discharge criteria. Your income tax return becomes dischargeable two years after submitting a late return.
The 240-Day Rule
This rule focuses on when the IRS assessed your tax debt. Assessments formalize your debt responsibility. If the IRS assessment is less than 240 days before filing, your tax debt isn’t dischargeable. The IRS typically sends assessments within 90 days of processing a return. Certain earned income credits and reduced refunds can affect this timing.
Trust Fund Taxes: A Different Story
“Trust fund taxes,” like withheld income, social security (FICA), and Medicare taxes, are generally not dischargeable. These are treated differently. Some sales taxes (customer paid) might also fall under this designation. Additional guidance may be found in the Bankruptcy Tax Guide, located within IRS Publication 908.
Discharging IRS Debt Bankruptcy: Chapter 7 vs. Chapter 13
Two main options exist: Chapter 7 and Chapter 13. Each has benefits and requirements based on your situation. The distinctions matter, especially with complex circumstances.
Chapter 7 Bankruptcy and IRS Debt
Chapter 7, or liquidation bankruptcy, focuses on quick debt elimination if you meet specific rules. It’s best for those with minimal assets, as some might be seized.
Even if your income tax debt qualifies for discharge, pre-existing tax liens remain on your property and assets.
The IRS typically stops pursuing personal accounts or future income after discharge. Liens are released 30 days after full payment. Accurate reporting on Schedule E/F is critical. Working with qualified small business tax pros is recommended. An attorney can provide guidance before signing anything.
Chapter 13 Bankruptcy and IRS Debt
Chapter 13, or reorganization bankruptcy, involves a 3-5 year repayment plan managed through bankruptcy court. It helps manage debts without losing assets. Find more information in IRS Publication 5082.
While Chapter 13 doesn’t fully discharge IRS debts, it lets you manage payment directly. Interest doesn’t accrue on debts within the plan. Taxes over three years old may be forgiven based on disposable income (earnings less expenses). Resources, like online bankruptcy quizzes, can help decide if you need legal assistance. Up-to-date tax returns are essential for bankruptcy filing, showing compliance and good intentions. Other income tax debt relief options may exist, including IRS negotiation or forgiveness programs. Consider working with a federal tax payment professional for the electronic federal tax payment options available.
Tax Liens and Bankruptcy
Tax liens complicate bankruptcy, although discharge is still possible. Liens recorded before filing aren’t typically discharged. The responsibility for the debt itself may end, but the property remains under IRS hold. The tax debt shifts from the person to the assets. Ensure that all of your previous tax returns are accounted for.
Discharge usually stops further IRS asset pursuit or wage garnishments. While offering relief, the lien itself might not be dischargeable. This can prevent selling property until the lien is paid. Be aware that reduced refunds may apply to your current year’s income tax return.
Chapter 13 lets you arrange payments through bankruptcy court, potentially eliminating the lien over time. Complex situations may require collection advisory services or a formal collection appeal process. A property tax expert might be helpful for you here as well.
Withdrawing a Federal Tax Lien
IRS tax liens seem complicated, but resources exist. The main navigation for IRS.gov provides links to publications like IRS Publication 4235 and Form 12277, Application for Withdrawal. Two IRS Fresh Start Program rules simplify lien withdrawal.
(1) Withdrawal After Lien Release:
You’re generally eligible if:
- Your tax liability is paid.
- You’re compliant with current tax return filings.
- You’re compliant with estimated tax payments, important for gig work or small businesses.
(2) Withdrawal Via Direct Debit Installment:
The IRS may approve direct debit payment programs. Converting an installment agreement to direct debit often lifts the lien. This requires consistent tax compliance. The IRS Commissioner’s Fresh Start Initiative explains tax implications for discharge.
Conclusion
Discharging IRS debt through bankruptcy can be daunting, especially when already struggling with income tax debt. It requires careful planning. Chapter 7 (liquidation) and Chapter 13 (reorganization) bankruptcies may offer income tax debt relief under certain conditions. Consider looking at the IRS withholding estimator.
While some view bankruptcy as erasing tax debt, it’s more complex. The process aims for fairness between taxpayers and the IRS. Official publications and legal resources offer information for navigating this process effectively. Understanding the different aspects of an installment agreement will also assist with this.
Schedule a free consultation with William Waldner to learn more about discharging IRS debt through bankruptcy.