Toledo, OH asked in Bankruptcy for Ohio

Q: Can overdue taxes be included in bankruptcy?

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1 Lawyer Answer
  • Bankruptcy Lawyer
  • Mobile, AL
  • Licensed in Ohio

A: yes. certain taxes that are generally more than 3 years old, if personal income taxes, can be discharged in ch 7. Unfortunately, the calculation of time varies under the particular circumstances of a case. It matters when the tax returns were filed and again, what type of taxes are due. Taxes can also be paid back without further penalties being added on through Chapter 13. The timing of the due date of taxes is important in ch 13 because dischargeable taxes can be paid as a general unsecured ("non-priority") claim in the plan. This means other debts such as more recent taxes, car loans, mortgage arrears, etc can be paid instead of, or ahead of those taxes depending on the plan.

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