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Discharging Taxes in Bankruptcy After Reform

Get Help from an Experienced Tax Bankruptcy Attorney in Chicago

Knowing the rules of tax discharge in bankruptcy gives a skilled attorney an advantage when negotiating with the IRS. One of the criteria in the IRS employee manual when considering an OIC is “To Determine What The Effects Of Bankruptcy Would Be In Analyzing The Settlement Potential.” Numerous OIC’s Have Settled solely on the threat of bankruptcy. Our tax lawyer in Chicago can review your information and let you know if bankruptcy is a good negotiating tactic for your situation.

Requirements to Discharge Taxes in Chapter 7

Tax must be over 3 years old from when the return first came due.

Trap: make sure the client did not file a request for an extension.

Two years since the tax return was filed.

Trap: if the IRS filed a “substitute for return” (SFR)

This does not constitute the filing of a return and the taxes will not be discharged.

240 days since the tax was assessed.

When a return is filed, the IRS assesses the tax within a short time. (could be days or months)

Tolling Periods

  • If the IRS was prevented from collecting by a request for a hearing or appeal, then the time periods are extended by that time, plus 90 days.
  • If an OIC was filed, the time of the OIC, plus 30 days.
  • Any period of a bankruptcy stay, plus 90 days.

Call (800) 261-6671 to reach our Chicago tax bankruptcy lawyer. Our team can help you assess your options.

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