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Can old state income taxes be discharged

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  • 01-08-2007, 07:34 PM
    LizR
    Can old state income taxes be discharged
    We're filing Chapter 7 and our credit reports show a $3,000 tax lien noted on city records where we lived 12 years ago.

    Can state income taxes from that long ago be discharged in bankruptcy?
  • 01-09-2007, 08:42 AM
    LizR
    Found answer on the internet
    I found the answer on the internet. Since these taxes are from 1992 and were filed, yet not paid, I can claim them in bankruptcy. The 'lien' is not on any property we own or owned at the time.

    Found a $33,000 error on our credit report tho!
  • 01-09-2007, 05:56 PM
    olderbudwizer
    Re: Can old state income taxes be discharged
    Could you post the information you found (or a link to it) that the city/state taxes can be discharged? Generally, that's NOT the case.
  • 01-09-2007, 06:44 PM
    Happy Trails
    Re: Can old state income taxes be discharged
    Quote:

    Quoting olderbudwizer
    View Post
    Could you post the information you found (or a link to it) that the city/state taxes can be discharged? Generally, that's NOT the case.


    I believe she is referring to the state income tax that they owe.

    Not quite sure what the tax lien is all about.

    This link gives some information on the whether or not a federal income tax debt can be discharged.

    She didn't mention the state, but I'm sure each state has it's own rules regarding this issue.
  • 02-27-2007, 08:52 PM
    biotechsolutions
    Re: Can old state income taxes be discharged
    State income taxes follow the same guidlines has federal taxes:
    1. 3 year lookback rule.
    2. 240 days assesment rule.
    3. 2 year filing time.
    And the usual disclosure about not being fraudulant.
    tax liens remain after a chapter 7 but if you have a no
    asset case and have no property above the exemptions for your state the liens have nothing to attach to. the irs will automatically release the lien after discharge, if the lien the taxes are attached to are dischargeable under the guidelines above.
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