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Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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can bach income taxes be discharged in bankruptcy

Resolved Question:

can bach income taxes be discharged in bankruptcy
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Thank you for your question.

Priority tax debt is never dischargeable. A tax debt is priority if it is owed for a tax year for which a return was due to be filed within the 3 years prior to the bankruptcy case being filed or if it was assessed within 240 days prior to filing the bankruptcy case.

Nonpriority tax debt may be discharged if the tax returns were either filed on time or filed at least 2 years before the bankruptcy case was filed and there was not a willful attempt to evade or defeat the tax or by filing a fraudulent return.
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