Jump to content

IRS debt/ potential bankruptcy


lovely1954
 Share

Recommended Posts

This question is not for me but is for someone very close to me so I can anwer any questions that my help you help me.

First off, Hello to everyone on this site. This is my first time posting.

A good freind of mine is contemplating filing bankruptcy Chapt 7. She had a job in which she was paid up front in 99 & 2000. She did fill out the applicable tax forms prior to employment, but never saved money to pay back to IRS.

Needless to say to date she owes about $90,000 to the IRS. Correct me if I'm wrong, but I was told that debt owed to IRS can be included in bankruptcy if it's 3 years old.

My question is: Does that mean 3years after it's filed? Or 3 years after it was owed.

I ask becase 99 taxes was filled in '02 but 2000 was never filled. Can she include both or none at this point?

She has no house or car & her current salary is about $27,000/year. and she owes about $3000 in unpaid debt.

Link to comment
Share on other sites

From what I just read in Nolo's "How to file for Chapter 7 Bankruptcy" there are some complicated issues here. If your friend had file returns but failed to pay, maybe the debt could be discharged. But...this is mixed up enough that you really ought to consult an attorney that specializes in this kind of thing.

Link to comment
Share on other sites

IF a tax return was FILED but the tax debt never paid, THEN that debt IS dischargable if its at least 3 years old.

However, a tax debt for a tax return that was NOT filed is NOT dischargable, sorry :(

When you fail to file a tax return, the IRS essentially files one FOR you. Since the IRS has nothing to show any deductions - like federal taxes paid, etc on a normal W-2, then the calculation of what you owe is HUGE compared to what it WOULD have been had your friend filed was required. Add to that they start piling on penalties and interest on that huge amount of tax, and the amount mushrooms almost exponentially.

Your friend needs to see a tax attorney ASAP and if she cannot afford one, then she should at least seek out a Taxpayer Advocate. They are there to help, often at no charge. Once the required back returns are FILED, then she should see the tax debt decrease considerably. That won't remove the penalties for not filing though.

I've investigated this for someone else. He never filed tax returns for 90 or 91- the IRS says he owes them 18 THOUSAND ! However, when you look at his income on his SS statement of earnings for those years, all he MADE was about 1/2 that.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.