About This Site
Tax debts in bankruptcy are governed by a complex set of rules that determine whether a particular tax obligation can be discharged, must be paid in full through a plan, or falls somewhere in between. The key provisions are Section 523(a) nondischargeable debts(a)(1) (nondischargeability of certain taxes), Section 507(a)(8) (priority tax claims), and Section 1322(a)(2) (mandatory full payment of priority claims in Chapter 13).
This site will explain the three-part test for determining whether income tax debts are dischargeable: the three-year rule, the two-year rule, and the 240-day rule. We will cover the exceptions that reset these clocks (extensions, amended returns, offers in compromise) and the critical distinction between tax debts that are merely old and those that are actually dischargeable.
We will also address trust fund taxes (which are never dischargeable), tax liens (which survive discharge even when the underlying debt is discharged), and the interaction between IRS payment plans and bankruptcy filing strategies.
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Three Rules for Discharging Tax Debt
1. 3-Year Rule: Tax return was due more than 3 years before filing. Details
2. 2-Year Rule: Tax return was filed more than 2 years before filing.
3. 240-Day Rule: Tax was assessed more than 240 days before filing. Details
All three must be met. Tax liens may survive even if the debt is discharged.
Check Your Bankruptcy Discharge Eligibility
Use the free screener at 1328f.com to check whether federal timing bars affect your ability to receive a bankruptcy discharge.