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Bankruptcy in Brief

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Unfiled tax returns

When no return has been filed, or has been filed within two years of the bankruptcy, the taxes cannot be discharged in bankruptcy. This represents a change, courtesy of the 2005 bankruptcy code amendments.

Previously, taxes for years for which no return was filed could be discharged in Chapter 13 if they met the 3 year rule and the 240 day rule.

Further, a debtor in a pending bankruptcy can have his case dismissed if he fails to file a timely return.

Click here to go to the IRS forms page for downloadable forms for prior tax years. 

 

  Back to Discharging taxes in bankruptcy

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3/6/08

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