I am sorry for the delay in getting back to you. I was offline for most of the day.
Your Question: State of Missouri sends me a tax bill from 2004 taxes that weren't paid. I declared chapter 7 in 2004. I got my first notice that I owed them money for 2004 in 2010. Am I obligated to pay?
State/Country relating to question: Missouri
I haven't paid them anything. Just got my first notice in the mail this past week, yet they labeled it FINAL NOTICE and said my property could be subject to a lien if amount not paid in full. I declared chapter 7 in 2004 because I had to go on full disability. I am still on disability and unable to pay $2300 tax bill.
Response: Unfortunately, your bankruptcy filing in 2004 did not discharge your taxes from 2004. You are still obligated to pay the taxes. Generally, taxes are not dischargeable in bankruptcy. See 11 U.S.C. Sections 523(a)(1) and 1328(a)(2). However, in certain situations, taxes may be dischargeable after careful analysis of your tax returns. Generally, the taxes are dischargeable if all of the following conditions are met:
(1) The tax return was not fraudulent and filed on time or, if the return was filed late, it was filed more than two years before the bankruptcy;
(2) The tax is not a priority claim; and
(3) The debtor did not willfully evade taxes.
An unsecured tax claim for which a return has not been filed is never dischargeable in a chapter 7 or in chapter 13. Similarly, a tax claim based upon fraudulently filed return is nondischargeable in chapter 13.
A tax debt is a priority claim if the tax return was filed less than three years before the date of the bankruptcy petition. The due date of the return is normally April 15th, but this date can vary: it can be April 16th, or 17th if the 15th falls on a weekend. However, if the debtor obtained an extension, the due date would be the extended deadline.
A tax debt also is a priority debt if it was assessed within 240 days before the bankruptcy petition, or is assessable after the commencement of the case. Thus, your tax debt is a priority claim since it was assessed after your bankruptcy case and thus not discharged in your bankruptcy..
You would need to download forms for Offer in Compromise and request for installment payments or forgiveness of the debt. Click on the link below to download the form: