Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Yes, you can include past federal taxes in your bankruptcy case. When filing bankruptcy you are to include any and all debts that you owe as of the date of filing, including federal and state taxes owed.
The only tax eligible for discharge is federal income tax. Bankruptcy offers no relief from taxes for which the debtor/taxpayer was responsible for collecting from others such as FICA withheld from employees. Bankruptcy also will not relieve liability for excise taxes such as estate and gift tax, sales tax, or fuel taxes.
Generally federal taxes are treated as priority unsecured claims that must be paid in full over the course of your bankruptcy plan. However, certain federal taxes are completely dischargeable as general unsecured debts, depending upon certain factors. You should consult a bankruptcy attorney in your area to determine whether you can completely discharge your federal taxes or if they must be paid in full through your bankruptcy case.
But again, you can include federal taxes in your bankruptcy case filing.
I hope you found this information helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).