Resolve Unpaid Taxes And IRS Issues Head-On
Federal and state taxes are highly complex. In some cases, a mistake or misunderstanding can leave a taxpayer with a bigger tax obligation than they expected. Unfortunately, the IRS takes unpaid taxes very seriously, and there are limited options for seeking tax debt relief.
Although not all IRS debt is dischargeable in bankruptcy, it is possible to achieve the debt relief you seek. As your bankruptcy lawyer, I have the experience to explore solutions when dealing with the IRS. At Law Offices of K. Hunter Goff, P.A., I work with families, individuals and small-business owners throughout Florida to address tax debt.
For A Clean Slate, Tax Debt Must Meet Qualifications
It is possible to eliminate money owed to the IRS when filing for bankruptcy. Depending on when you file the case and how old the debt is, you may be able to discharge all or most of the IRS debt you owe.
Relief for tax debt in bankruptcy comes down to timing and meeting five general requirements, including:
- The three-year rule: For the IRS debt in question, the most recent due date for filing the return is more than three years old. Typically, tax debt is due on April 15 of the year following the taxable year, although an extension to file return delays the start time.
- The two-year rule: A tax return has been filed or given by the taxpayer for the tax year(s) in question at least more than two years preceding the filing date of the bankruptcy.
- The 240-day rule: The tax claim was assessed at least more than 240 days preceding the filing date of the case.
- Nonfraudulent return: The tax return in question was nonfraudulent.
- No willful tax evasion: The taxpayer has not engaged in activity deemed a willful attempt to defeat or evade their tax obligations.
Please keep in mind that these are the basic requirements for an IRS debt to be eligible for discharge when filing bankruptcy. Within each requirement are potential pitfalls that you can avoid with the help of an experienced lawyer. I can examine your specific situation to help you pave a path forward.
I Take A Thorough Approach For IRS Issues
When attempting to discharge IRS debt by filing bankruptcy, I advise clients to file a separate Adversary Proceeding along with filing the core bankruptcy case. This step can ensure that the judge enters an order determining that the debt is indeed discharged. This way, there is no question about whether your debt is eliminated once the case is closed.
Call My Law Firm To Learn About Debt Relief
If you have questions about whether you can eliminate IRS debt, call me at 352-577-7689 or email my office in Orlando. Because I strictly focus on bankruptcy and debt issues, I have deep knowledge about your legal options. I will take the time to learn the details of your situation and give you personalized advice.
The Law Offices of K. Hunter Goff, P.A., is a debt relief agency. The firm helps people file for bankruptcy relief under the Bankruptcy Code.