IRS Problem Resolution
Some tax debts can be discharged.
Some income taxes CAN be discharged in bankruptcy — but only if specific timing rules are met. We coordinate with bankruptcy attorneys when discharge is the right path; often a simpler non-bankruptcy solution exists.
In short
Income taxes can be discharged in Chapter 7 or Chapter 13 bankruptcy if four conditions are met: (1) the tax was due 3+ years before filing, (2) the return was filed 2+ years before filing, (3) the tax was assessed 240+ days before filing, and (4) no fraud was involved. Trust-fund taxes, recent tax debts, and fraud-related debts generally cannot be discharged.
The "3-2-240" rule
- 3 years — the tax must have been due (including extensions) more than 3 years before the bankruptcy filing
- 2 years — the return must have been filed more than 2 years before the bankruptcy filing
- 240 days — the tax must have been assessed more than 240 days before the bankruptcy filing
- No fraud — no fraudulent or evasive intent in the original filing
What cannot be discharged
Trust-fund taxes (payroll trust-fund recovery penalty), recent income taxes, taxes from fraudulent or non-filed returns, and most payroll/employment taxes generally cannot be discharged regardless of timing.
When bankruptcy makes sense
If the tax debt is more than half your total debt AND it qualifies under the 3-2-240 rule AND you have other unsecured debt you also can't pay, Chapter 7 may eliminate both. If you can pay but need time, Chapter 13 lets you pay over 3-5 years and may discharge the rest. Often, an Offer in Compromise is simpler and equally effective.
FAQ
Questions we hear about tax bankruptcy.
Should I file bankruptcy just for the tax debt?
Related IRS topics
Often paired with tax bankruptcy.
Offer in Compromise
IRS Offer in Compromise to settle tax debt for less than owed. We evaluate eligibility free; not everyone qualifies. Boca Raton + Fort Lauderdale.
Back Taxes Owed
Owe back taxes to the IRS? We resolve back-tax balances via installment agreements, Offers in Compromise, or Currently Not Collectible status. Boca Raton + Fort Lauderdale.
Payroll Tax Problems
Unpaid payroll taxes (941, 940) or trust-fund liability? We handle IRS payroll tax cases aggressively — penalties accrue fast.
Ready for a straight answer on your taxes?
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