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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19657
Experience:  B.A.; M.B.A.; J.D.
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after filing a chapter 7 how long does the irs have the debt

Resolved Question:

after filing a chapter 7 how long does the irs have the debt you owe them, is it five, seven or ten years until they will release you of the debt you owe them, and how long is the state time have until they realease the debt also.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 7 years ago.

Could you explain a little more?

 

How old are these tax debts?

Customer: replied 7 years ago.
started in 2000 and now they say 2004 and 2006 I owe them, i filed 2006-2007- 2008 and 2009 so do i owe them for 2000 debt ?
Expert:  Phillips Esq. replied 7 years ago.

I am a bit confused.

 

Could you state the years and when you filed taxes for the State and the Federal?

Customer: replied 7 years ago.
state tax is for 2002 for 1,076.16 and has sent me a letter on 08/02/10 so how long is the waiting period for the state tax ? and as for the IRS they say i owe for 2004 and 2006 taxes ? what happen to the tax for 2000 i owed ? and how will i find out if they realeased that tax ?
Expert:  Phillips Esq. replied 7 years ago.

 

state tax is for 2002 for 1,076.16 and has sent me a letter on 08/02/10 so how long is the waiting period for the state tax ?

 

Response 1: This tax has been discharged in your bankruptcy. You are no longer responsible for it.

 

and as for the IRS they say i owe for 2004 and 2006 taxes ?

 

Response 2: These ones also have been discharged in your bankruptcy.

 

what happen to the tax for 2000 i owed ?

 

Response 3: This tax has also been discharged in your bankruptcy.

 

and how will i find out if they realeased that tax ?

 

Response 4: Call them and ask for the bankruptcy unit. If possible, fax over a copy of your Discharge Order and request that their records be updated to show that the taxes have been discharged in bankruptcy.

 

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. Federal income tax is assessed on the date the IRS notifies the taxpayer of a tax claim or perhaps, on the earlier date that an assessment officer signs a summary record of assessment (Form 23-C).

 

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