Bankruptcy and Taxes

San Antonio Bankruptcy and Taxes Attorney:

If you owe back taxes and simply do not have the ability to pay them, you may wonder if these debts may be discharged in a bankruptcy proceeding. The answer is that some taxes may be discharged in either a Chapter 7 or Chapter 13 bankruptcy proceeding. It is important to note that some tax debts simply are not dischargeable. In order to obtain a specific answer that applies to your particular case, it is advisable to get the opinion of a professional bankruptcy lawyer who deals with these issues on a daily basis. The San Antonio Law Firm of Fears Nachawati offers a complimentary, no obligation case review for those who owe back taxes and are seeking a legal means to take care of them. To schedule your free case review, call us at 866-259-3002.

Conditions That Must Be Met for Non-Priority Taxes to be Discharged:

Certain taxes may be discharged in a Chapter 7 or Chapter 13 bankruptcy proceeding. These are known as non-priority tax debts. In order for non-priority tax debts to be discharged, certain conditions must be met, including the following:

  • The tax return filing date must be a minimum of three years prior to the date of bankruptcy filing (including extensions).
  • You filed the tax return two years prior to filing for bankruptcy.
  • You did not lapse in your filing of tax returns – all were submitted.
  • The tax assessment must be at least 240 days before filing for bankruptcy.
  • The tax return must be legitimate and not created fraudulently just to avoid paying the tax debt.
  • The taxpayer must not be guilty of tax evasion.

Speak to your bankruptcy attorney to get specific information about your case. These points are extremely important and you are advised to get advice from a bankruptcy lawyer.

Contact a San Antonio Bankruptcy and Taxes Attorney for a Free Case Evaluation:

Because certain conditions must be met, it is extremely important to get the professional advice of a Texas bankruptcy attorney. With offices in San Antonio, Dallas, Fort Worth, Austin and Houston, Fears Nachawati has helped thousands of clients get out of debt and back on the road to solvency. Fears Nachawati offers a free consultation to clients seeking resolution to their tax issues. After you discuss your case with a licensed bankruptcy lawyer, you will be able to consider the options that are available to you. It is then your choice whether or not to take action based on these options. To schedule your free consultation, call the San Antonio Fears Nachawati Law Firm at 866-259-3002.