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When Can You Discharge Back Taxes in Bankruptcy

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  • 09-09-2013, 09:31 PM
    Blossom
    When Can You Discharge Back Taxes in Bankruptcy
    My question involves bankruptcy in the state of: Ohio

    I've read that in some circumstances, past due taxes can be discharged in bankruptcy. Does this only apply to federal taxes, or can past due city and state taxes possibly be discharged as well?
  • 09-09-2013, 09:44 PM
    Dogmatique
    Re: When Can You Discharge Back Taxes in Bankruptcy
    (This is an attorney website - I can't vouch for the attorney, but I can assure you that the info is accurate)

    http://www.financialdignity.com/home...chapter-7.html

    Though I would never recommend trying to do a Ch. 7 including taxes without an attorney, it is possible if you're willing to dig in your heels and learn all you can.

    Be careful how the taxes are listed on the schedules and be aware of any liens.

    bkforum.com is a great place to ask more indepth questions about discharging taxes. There is a wealth of information there.
  • 09-10-2013, 04:54 AM
    Blossom
    Re: When Can You Discharge Back Taxes in Bankruptcy
    Quote:

    Quoting Dogmatique
    View Post
    (This is an attorney website - I can't vouch for the attorney, but I can assure you that the info is accurate)

    http://www.financialdignity.com/home...chapter-7.html

    Though I would never recommend trying to do a Ch. 7 including taxes without an attorney, it is possible if you're willing to dig in your heels and learn all you can.

    Be careful how the taxes are listed on the schedules and be aware of any liens.

    bkforum.com is a great place to ask more indepth questions about discharging taxes. There is a wealth of information there.

    Thanks! My husband and I owe state taxes, and I believe we have a lien for those. We also owe federal and city taxes, but don't have a lien on those. I'm most concerned about the federal and city taxes, because we owe much more for those than for the state.

    We had talked to one bk attorney who said city and state taxes are never dischargeable, just federal taxes. That website seems to suggest otherwise. Thanks again!
  • 09-10-2013, 05:58 AM
    despritfreya
    Re: When Can You Discharge Back Taxes in Bankruptcy
    Quote:

    Quoting Blossom
    View Post
    We had talked to one bk attorney who said city and state taxes are never dischargeable, just federal taxes. That website seems to suggest otherwise.

    The information contained on that web site is quite good however, mileage may vary. Specifically you have not told us what type of tax you owe and whether or not the tax is in the nature of a trust fund type tax. Nor do we know for what years, whether you filed returns, when you filed them, if substitute returns were filed and if so, by which taxing authority, etc.

    As you can see, discharging taxes can be complicated (or easy depending on what you are dealing with). If you found one attny who told you the local tax is not dischargeable, ask him/her "why". Also, there is nothing wrong with getting additional opinions and, since most initial bk consultations are free, you should be meeting with two, three or four (or more) local bk attnys.

    Des.
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