• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Stephen B. Kass, P.C.

New York Attorney Stephen B. Kass

(212) 843-0050

  • Home
  • About Us
    • Articles
    • Bankruptcy and Tax Information
    • Attorney Bios
  • Bankruptcy
    • Debt Negotiation
    • Tax Discharge in Bankruptcy
    • Consumer Bankruptcy
    • Chapter 11 Bankruptcy
    • Commercial Real Estate
    • Real Estate Finance
    • Real Estate Workouts
    • Real Estate Development
  • Tax Law
    • Tax Court Litigation
    • Installment Agreements
    • Financial and Tax Due Diligence
    • Offer In Compromise
    • Common Tax Problems and Solutions
    • Business Tax Problems
    • Like Kind Exchanges
    • Tax Discharges and Bankruptcy
  • Blog
  • Contact Us
    • Testimonials
    • In The Press
  • Home
  • About Us
    • Articles
    • Bankruptcy and Tax Information
    • Attorney Bios
  • Bankruptcy
    • Debt Negotiation
    • Tax Discharge in Bankruptcy
    • Consumer Bankruptcy
    • Chapter 11 Bankruptcy
    • Commercial Real Estate
    • Real Estate Finance
    • Real Estate Workouts
    • Real Estate Development
  • Tax Law
    • Tax Court Litigation
    • Installment Agreements
    • Financial and Tax Due Diligence
    • Offer In Compromise
    • Common Tax Problems and Solutions
    • Business Tax Problems
    • Like Kind Exchanges
    • Tax Discharges and Bankruptcy
  • Blog
  • Contact Us
    • Testimonials
    • In The Press
Call
Contact
Blog

December 30, 2014 By Stephen Kass

Discharging Income and Non-Income Tax Debt

An extremely common question for filers of bankruptcy is whether or not tax debts are dischargeable. A large variety of them is, including varieties of income tax debts such as on late-filed returns. However, non-income tax debts can be a very real concern for some debtors. It is absolutely imperative to know what you will have to deal with head-on and what you will likely be able to write off.

Income Tax Debts

Income tax, as has been stated, is usually dischargeable. If your debt meets the following characteristics, as laid out in 11 USC §523(a)(1), you will almost certainly be able to write it off:

  • More than three years have passed since the tax return that generated the liability was due (not filed; certain proceedings can extend the filing date);
  • The tax return in question must have been filed at least two years before your bankruptcy filing;
  • More than 240 days have passed since any Internal Revenue Service (IRS) assessment; and
  • No fraud or attempted fraud has been committed in regards to this debt. Mistake can be proven, but any willful fraud immediately renders the debt in question non-dischargeable.

Even if an income tax debt is ruled non-dischargeable, you may not be required to pay all of it. If you file for Chapter 13 bankruptcy, your debts will be organized into priority and non-priority. Priority debts are unsecured (that is, not attached to collateral) and must be paid in full. This, of course, may leave less money available for nonpriority debts, and some creditors may be more willing to negotiate if it means they may get some repayment rather than none.

Non-Income Tax Debts

Generally speaking, most non-income tax debts (that is, taxes which are not income related) are not dischargeable. The most common tax liabilities that people try and fail to discharge are:

  • Certain business-related taxes, such as customs duties and employment taxes;
  • Non-punitive tax penalties;
  • Taxes collected or withheld by a third party – for example, FICA, Medicare, and Social Security taxes withheld by an employer for an employee;
  • Tax liens; and
  • Recent property taxes.

Be advised that property taxes assessed up to one year before your filing are not dischargeable. However, you can discharge your personal liability for property taxes that were payable more than a year before you filed, as long as there is no penalty outstanding on them. Outstanding property taxes, however, can create a tax lien.

Tax liens are a somewhat unusual category. The obligation to pay the tax is wiped out in a Chapter 7 bankruptcy, but liens are secured debts – that is, they have collateral attached. Secured debts are not removed by bankruptcy discharge as a rule, meaning that the lien will stay on your property. Very often, this results in the debtor selling the property to pay off the lien, given that they have little to no other assets with which to do so.

Contact A Tax Attorney Today

If you are in trouble because of tax debts, it is usually best to call in a professional. The tax attorneys at the Law Offices of Stephen B. Kass, P.C. have years of experience in this field, and we are happy to help those who need it. Contact our New York City office today for a free initial consultation, and we will discuss the options available to you.

Filed Under: Tax Issues

Primary Sidebar

Contact Us

Testimonials

I highly recommend using Steve Kass as an attorney. I had a serious issue with the IRS involving real property, a company I built and sold, and multiple years of taxes which were unfairly and incorrectly assigned to me and had been hanging over my head because my efforts to negotiate...

Sean

Mr. Kass and his professional office staff helped me through every step of the way which without his expert guidance would not have been successful. Mr. Kass was able to a access my situation quickly and advise me. I highly highly recommend making an appointment with Mr. Kass

Vivian

I consider myself very lucky to have found Stephen B. Kass last year. We were drowning in credit card debt and were on the verge of filing bankruptcy. Mr. Kass was able to negotiate with all of our creditors and reduce the balances SIGNIFICANTLY. Within one year we are debt free

Alexandra

Stephen and legal staff provided superb, accurate, and detailed financial analysis. Stephen has an exquisite knowledge of financial planning and tax law, and was able to make tailored, individualized recommendations that have helped me tremedously with regard to long-term financial planning and resolution of tax issues. Office staff are skilled

John

I had a great experience with Stephen Kass. He took legally complicated case from another attorney and resolved it. Years later, when his assistance was needed, he responded right away, remembering every detail of the case. He is an expert in his field and great person to work with.

Victor

Read More Testimonials

Categories

  • Bankruptcy
  • Bankruptcy News
  • Business Bankruptcy
  • Chapter 11
  • Chapter 13
  • Chapter 7
  • Foreclosure
  • Tax Issues
  • Uncategorized

Footer

Recent Articlas

  • Small Business Reorganization ACT (Subchapter 5 under Chapter 11)
  • Presumption of Abuse in Chapter 7 Bankruptcy
  • Civil and Criminal Tax Fraud in NYC
  • Tax Consequences of Foreclosure
  • Discharging Income and Non-Income Tax Debt

For Tax & Financial Matters

Law Offices of Stephen B. Kass, P.C.

7 Penn Plaza, Suite 830
New York, NY, 10001
United States (US)

Phone: (212) 843-0050
Fax: (212) 202-7681

Copyright © 2023 | Law Offices Of Stephen B. Kass, P.C. | All Rights Reserved