BANKRUPTCY GUIDE

CAN I BANKRUPT MY TAXES?

Taxes are basically non dischargeable in a bankruptcy proceeding. 940/941 taxes incurred such as the employee withholding tax are never dischargeable as they are deemed "trust taxes", those collected by the employer for the benefit of the government.

"1040" taxes, commonly known as "income taxes" in rare circumstances can be discharged in bankruptcy under certain limited situations. The tax return must have been timely filed and three years must have passed since the due date of the taxes with no assessment issued by the IRS within the preceding 240 days of filing.  If they were not timely filed, a two yr window occurs. If taxes were never timely filed, they are never dischargeable because the statute of limitations is tolled.

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