Discharge of Income Taxes in Bankruptcy

Income taxes can be discharged in bankruptcy under certain conditions but in general, taxes are considered to be a priority debt in bankruptcy. This means that in a taxing authority generally has a claim on any estate distributions which is superior to claims of general unsecured creditors. This priority of tax claims does not, however, affect a secured creditor’s properly-perfected security interest in collateral.

Dischargeability Requirements

Frequently a more important issue than that of priority of tax debts is the issue of whether such debts are dischargeable. It is possible to discharge such debts, including federal and state income taxes. However, in order to discharge taxes, certain conditions must be met.

Income Taxes Not Included In Means Test Calculations

Income taxes are not considered “consumer debt”. Therefore, income taxes are not included in totaling the debtor’s debts for purposes of the means test. This means that it may be possible to discharge income taxes even if it might initially appear that the debtor’s income is too high for the debtor to qualify to file bankruptcy.

Summary

Discharging taxes in bankruptcy is very tricky business. One illustration of the difficulty of successfully discharging income taxes is that the debtor should not rely on his or her own records to decide when the taxes were assessed, or how much is owed, or any other information critical to the filing. Those determinations should be made based on the records of the IRS. The IRS will upon request provide the reports necessary to analyze the dates of assessment, filing dates, and the like.

If you intend to attempt to discharge tax obligations by filing bankruptcy, you should consult an attorney. Each taxpayer’s situation is different, and filing bankruptcy to get out from under tax obligations is something which needs to be well-planned and fully thought out.