Can I Discharge Taxes in a Bankruptcy Case?

Hi, my name is Frank Ledbetter and I am a bankruptcy attorney or, if you prefer, a bankruptcy lawyer specializing in Chapter 7, Chapter 13, and debt relief primarily in the St. Louis, MO and surrounding areas.

People often ask me as a bankruptcy attorney, “Can I Discharge Taxes in a Bankruptcy Case?”

Many types of taxes are not dischargeable in a bankruptcy.  However, income taxes are dischargeable in a bankruptcy case, either a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case, if 1)  the income taxes came due more than three years prior to the filing of the bankruptcy case, 2) the federal tax returns were filed more than 2 years prior to the bankruptcy case filing, 3) the state tax returns were filed more than 3 years prior to the filing of the bankruptcy case, 4) the taxes were assessed at least 240 days prior to the filing of the bankruptcy case, 5) all taxable income was listed on the tax returns, and 6) you did not recently enter into an offer in compromise with the Internal Revenue Service.

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