Can Tax Debt Be Discharged?
Contrary to popular belief, income tax debts meeting specific timing requirements can be eliminated in Chapter 7 bankruptcy. The key is whether the specific debt meets statutory criteria. Trust fund taxes (employment tax withholding) are never dischargeable.
The Three Timing Rules
Three-Year Rule
The return must have been due at least three years before the bankruptcy petition. Extensions count: if a six-month extension was obtained, the clock starts from October 15.
Two-Year Rule
The return must have been actually filed at least two years before the petition. Critical for late filers. Significant litigation exists over what constitutes a "filed return," particularly after SFRs.
240-Day Rule
The tax must have been assessed at least 240 days before the petition. Assessment dates are verified through IRS transcripts.
Tolling Events
Prior bankruptcies toll the three-year and two-year rules for the case duration plus 90 days. An OIC tolls the 240-day rule while pending plus 30 days. These extensions can add years and must be carefully calculated.
Chapter 7 vs. Chapter 13
In Chapter 7, qualifying debts are eliminated. In Chapter 13, non-dischargeable tax debts are priority claims paid in full through the repayment plan. The choice depends on the full financial picture beyond just tax considerations.
Bankruptcy is not always the answer to tax debt, but when timing rules are met, it provides a complete fresh start no other option can match.