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My brother is in a situation that concerns me and I need advice.

 
 
 

Customer Question

My brother is in a situation that concerns me and I need advice. He tells me that he made quite a bit 2008, but he his business has done very poorly since last year. He says that in April he filed for an extension that is coming up on October 15th.

His business involves sales and he has made virtually nothing this year. The biggest critism that I have of him is that he has been living on credit cards and he now is deeply in debt. He is getting near the end of his savings, and he getting desperate about paying last year's tax bill.

What happens if he does not have enough money to pay his taxes? Considering the bad economy, has the government given payback options for people who can't afford to pay their taxes? Is Chapter 13 bankruptcy an option?

Submitted: 1003 days and 15 hours ago.
Category: Tax
Status: CLOSED
 
 
 
 
 
 

Optional Information

Country/State/Province of question: US/IL

Already Tried:
As I said, this tax question is in regards XX XX brother, not me. I'm asking a general question, so that I can relay to him some advice.

 
 
 
 
 
 

Accepted Answer

Hello Karl,

If your brother cannot afford to pay his tax bill, he may set up an installment plan with the IRS where he can pay off the tax bill over a period of time. As long as he stays current on the payments, this would keep the IRS from placing liens and/or levies on his bank accounts and other assets.

Filing bankruptcy does not automatically get rid of tax debts. There are a number of conditions which must be met before a tax debt may be included in a bankruptcy case. ALL 5 of the following rules must be met to include taxes in a bankruptcy case:

The due date for filing a tax return is at least three years ago.
The tax return was filed at least two years ago.
The tax assessment is at least 240 days old.
The tax return was not fraudulent.
The taxpayer is not guilty of tax evasion.

So just with rule #1 alone, your brother could not include the tax in a bankruptcy filing until at least 3 years from 10/15/09.

I am giving you a link to a section of the IRS website which talks about how to set up an installment plan. If his total tax debt is less than $25,000, he can fill out an on line application for the payment plan, and this website also has a link to that form.

http://www.irs.gov/businesses/small/article/0,,id=108347,00.html

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you Karl.



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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 9646
Answered: 8/24/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

 
 
 
 
 
 
1003 days and 15 hours ago.

Customer Reply

Thank you Merlo. I will send this information to him.

 

 
 
 

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