Rosemead, CA asked in Bankruptcy and Tax Law for California

Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

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5 Lawyer Answers
David S. Greenberg
David S. Greenberg
PREMIUM
Answered
  • Bankruptcy Lawyer
  • San Diego, CA
  • Licensed in California

A: Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

Peter Maurice Lively agrees with this answer

Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Yes you need to file and those assessments are not dischargeable. Check with counsel in your jurisdiction before you file

Linda Simmons Campbell
Linda Simmons Campbell
Answered
  • Tax Law Lawyer
  • Burlington, CT

A: You need to be careful. You cannot file bankruptcy for two years after you file the returns. You may be better off consulting with a tax attorney first. You may be able to get an offer in compromise or some other type of collection alternative. It is usually better to work in conjunction with a tax attorney in this type of situation. Most of us offer a free consultation and can do them over the phone or via skype. Just stay away from the places you see advertised on TV.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: I agree with my colleagues. They have provided good information for you. I also urge you to speak directly to a bankruptcy attorney in your area if you are contemplating bankruptcy to deal with the taxes or with other debt.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes. File the returns and contact a tax attorney ASAP.

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