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Joseph
Joseph, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5299
Experience:  Advise and represent individuals and small businesses in bankruptcy proceedings.
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CAN EMPLOYMENT DEVELOPMENT STATE TAXES BE DISMISSED IN A CHPTER

Customer Question

CAN EMPLOYMENT DEVELOPMENT STATE TAXES BE DISMISSED IN A CHPTER 7 BANKRUPTCY,IF I CAN PLEASE TELL ME HOW. THES ARE TAXES FROM 1989.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Joseph replied 6 years ago.

Joseph :

Hello, and welcome to JustAnswer. Employment Development State taxes can potentially be dismissed in a Chapter 7 Bankruptcy, so long as the tax debt meets these five criteria:



  1. The due date for filing a tax return is at least three years ago.

  2. The tax return was filed at least two years ago.

  3. The tax assessment is at least 240 days old.

  4. The tax return was not fraudulent.

  5. The taxpayer is not guilty of tax evasion.

JACUSTOMER-w4kuujqh- :

THE QUEST SHOUL HAVE BEEN CAN YOU DISCHARGE E.E.E. TAX IN CHAPER 7.

Joseph :

Yes, as long as the E.E.E. tax debt meets the criteria that are set out above.

JACUSTOMER-w4kuujqh- :

where is the reference or where did you fine thier for the state of calif, please tell me wher to fine the information.

Joseph :

Actually, since bankruptcy is done in federal court it is a federal regulation. The one thing I'm unsure of is why you would have E.D.D. state taxes that are unpaid, since EDD unemployment benefits are not taxed by the state in California (they are only subject to federal tax).

JACUSTOMER-w4kuujqh- :

WHERE DID YOUFINE YOUR INFORMATIO IN THE LAW BOOK OR REFERENCE.

Joseph :

This is a good explanation of bankruptcy's abilit to discharge tax debts:


JACUSTOMER-w4kuujqh- :

E.E.E. TAXES ARE PAID FOR THE EMPLOYEE 1/2 AND THE OTHER 1\2 IS TO BE PAID BUY THE EMPLOYER WHICH WAS NEVER PAID.

Joseph :

I understand.

JACUSTOMER-w4kuujqh- :

WHERE DID YOU FINE THESE CRITERIE, TELL MEET WHERE YOU FOUDE THE THE CRITERIES.

JACUSTOMER-w4kuujqh- :

WHERE DID YOU FINE THE CRITERIES.

JACUSTOMER-w4kuujqh- :

DO I HAVE TO PAY AGIN FOR THIS.

JACUSTOMER-w4kuujqh- :

I NEED CASE STUDY IN CA.

JACUSTOMER-w4kuujqh- :



WHERE DID YOU FINE THE ANSWER TO MY QUESTION IN A LAW BOOK. PLEASE TELL ME SO THAT I CAN SHOW IT THE STATE OF CA. ADMINSTTATOR OFFICE.


 


Optional Information:
State/Country relating to Question: California

Already Tried:
I AM WORKING WITH THE TAX OFFICE OF THE STATE OCA.




JACUSTOMER-w4kuujqh- :

WHERE DID YOU FINE THE ANSWER TO MY QUESTION IN A LAW BOOK. PLEASE TELL ME SO THAT I CAN SHOW IT THE STATE OF CA. ADMINSTTATOR OFFICE.

Expert:  Joseph replied 5 years ago.
I had previously posted where I found the criteria.

They are here.

http://taxes.about.com/od/bankruptcy/qt/bankruptcy_tax.htm
Customer: replied 5 years ago.
the information you provided was for federal tax. I am asking for EDD taxes for the state of California.