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Many taxes are not dischargeable in a
Chapter 7 bankruptcy. The taxes that aren't dischargeable
are called priority taxes. Priority taxes, generally speaking,
involve (a) income taxes for returns filed less than three years
ago, (b) taxes assessed less than 240 days ago, trust fund
taxes regarless of how old they are.
However, in
Chapter 13, your taxes can be restructured so that you can
afford to pay them over time. This enables most people to get out from under their IRS debt within
five years -- something that might not be possible if high
interest
and penalties were to continue to accrue. It also enables you to
avoid IRS levies on your income and property.
In addition to stopping IRS levies and restructuring tax debts,
you can save thousands of dollars in interest and penalties through
a Chapter 13 bankruptcy in Colorado. If a tax lien is already
in place, you can file bankruptcy to prevent the IRS from renewing
the tax lien when it expires.
Some income taxes can be eliminated entirely in a
Chapter 7 bankruptcy. Determining dischargeability of taxes is a complicated
matter. The taxes must be non-priority taxes. At the risk of oversimplification one can say -- in
general -- that non-priority taxes are(a) income taxes
for returns filed more than three years ago, (b) taxes assessed more
than 240 days ago, and (c) taxes that are not trust fund taxes
(employee income withholding taxes for business owners).
Chapter 13 bankruptcy cases are almost always much less expense
that hiring a CPA or tax lawyer to negotiate an Offer in Comprose.
Chapter 13 is usually thousands of dollars less expensive.
Your up-front costs is about the same as filing a Chapter 7
bankruptcy.
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