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Category: Bankruptcy Law
Satisfied Customers: 17252
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My friend owned a restaurant business in Cape Coral Florida

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My friend owned a restaurant business in Cape Coral Florida that went belly up in October 2012. The IRS says he owes $10,000. He cannot pay this. If he claims bankruptcy does he have to pay it.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification


Under the bankruptcy law, if the IRS Tax debt is on his personal name, a bankruptcy would not discharge the tax debt in most circumstances,


however, he can discharge the debt if he waits a few years,


under the law,


There are several prerequisites that must be met before any tax can be discharged in bankruptcy. The minimum requirements for discharging federal or state income taxes are (all of the following must be met): (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days.


If the above apply a chapter 7 would discharge the debt,


also another option ow is negotiate a settlement with the IRS, if he currently has limited income it is possible the IRS would settle with him for 10-20% of the total amount.

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Customer: replied 4 years ago.

I think he needs to go the 10-20% route. That would be best.

Yes, he should contact the IRS and consider filing an insolvency form for any debts he does own, they will verify income and his assets, if he has a limited amount they will settle with him.

Good luck.

Offer in Compromise
An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can't pay your full tax liability, or doing so creates a financial hardship. We consider your unique set of facts and circumstances:
Ability to pay;
Expenses; and
Asset equity.
We generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time. Explore all other payment options before submitting an offer in compromise. The Offer in Compromise program is not for everyone. If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.
Make sure you are eligible
Before we can consider your offer, you must be current with all filing and payment requirements. You are not eligible if you are in an open bankruptcy proceeding. Use the Offer in Compromise Pre-Qualifier to confirm your eligibility and prepare a preliminary proposal.
Submit your offer
You'll find step-by-step instructions and all the forms for submitting an offer in the Offer in Compromise Booklet, Form 656-B (PDF). You can also view the "Complete Form 656" video. Your completed offer package will include:
Form 433-A (OIC) (individuals) or 433-B (OIC) (businesses) and all required documentation as specified on the forms;
Form 656(s) - individual and business tax debt (Corporation/ LLC/ Partnership) must be submitted on separate Form 656;
$150 application fee (non-refundable); and
Initial payment (non-refundable) for each Form 656.
Select a payment option
Your initial payment will vary based on your offer and the payment option you choose:
Lump Sum Cash: Submit an initial payment of 20 percent of the total offer amount with your application. Wait for written acceptance, then pay the remaining balance of the offer in five or fewer payments.
Periodic Payment: Submit your initial payment with your application. Continue to pay the remaining balance in monthly installments while the IRS considers your offer. If accepted, continue to pay monthly until it is paid in full.
If you meet the Low Income Certification guidelines, you do not have to send the application fee or the initial payment and you will not need to make monthly installments during the evaluation of your offer. See your application package for details.
Understand the process
While your offer is being evaluated:
Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
A Notice of Federal Tax Lien may be filed;
Other collection activities are suspended;
The legal assessment and collection period is extended;
Make all required payments associated with your offer;
You are not required to make payments on an existing installment agreement; and
Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
If your offer is accepted If your offer is rejected
You must meet all the Offer Terms listed in Section 8 of Form 656, including filing all required tax returns and making all payments;
Any refunds due within the calendar year in which your offer is accepted will be applied to your tax debt;
Federal tax liens are not released until your offer terms are satisfied; and
Certain offer information is available for public review at designated IRS offices.

You may appeal a rejection within 30 days using Request for Appeal of Offer in Compromise, Form 13711 (PDF).
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