Bankruptcy and Taxes Attorney in Kansas City, Missouri
Can you discharge IRS debt?
Can you discharge IRS debt?
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00:04
you have to remember there’s a lot of
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different types of taxes customs sales
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taxes
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things of that nature personal property
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taxes real estate taxes things of that
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most consumers though don’t deal with
00:16
the excise taxes or the sales taxes or
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the withholding taxes things like that
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the irs debt
00:23
they are dischargeable but there’s a
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bunch of different rules that apply to
00:27
it the first rule being generally that
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the tax return that generated the
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liability has to have been due for at
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least three years uh you count the due
00:36
date from the date that the return was
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due if it was timely filed and if there
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was an extension remember that’ll run to
00:43
october 15th 16th or 17th and you look
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at three years from that time if the
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three-year rule is met
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then they’re generally dischargeable
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unless you’ve got fraud or something
00:53
like that involved if you’ve got a tax
00:55
return that was not timely filed
00:59
it’s actually kind of odd right now the
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10th circuit as well as all of the other
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circuits other than the 8th circuit
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which is missouri and remember the 10th
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circuit is kansas
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those
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circuits have ruled that if the tax
01:11
return is even filed one day late then
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it is never dischargeable the eighth
01:16
circuit is actually still follows the
01:18
rule that even if it was filed late if
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the debtor filed the return and the
01:23
return has been on file for more than
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two years
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then of course assuming you don’t have
01:28
fraud or something like that then they
01:30
are in fact dischargeable but in those
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instances you have to look at when the
01:34
the tax return was processed by the irs
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not the deadline for example if you’re
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looking at the three-year rule and
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somebody files their tax return in
01:43
february it’s considered due um april
01:46
15th or 16th 17th however the weekend
01:49
falls so that’s the actual due date and
01:51
the date you count by not by the date
01:53
that the return was filed or processed
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but if the return is filed late you have
01:58
to cope by the processing date and that
02:00
can be several months after it was
02:02
actually filed
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typically when we have cases like that i
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have my clients go out and go you can go
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to www.irs.gov
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and you can get what are called
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transcripts there’s all different types
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of transcripts you can get the
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transcripts for the w-2s or the tax
02:18
return itself but in situations like
02:20
that we look for what’s called an
02:21
account transcript and the account
02:23
transcript it’ll tell how much is owed
02:25
penalties interest things like that but
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it gives us the dates that are
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associated with that return when it was
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filed when it was processed whether it
02:33
was timely filed if you know how to read
02:35
the codes it’ll actually tell you
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whether there’s fraud involved things
02:38
like that and with those you can pretty
02:40
much tell
02:41
fairly quickly whether the tax liability
02:44
is going to be dischargeable or not
Kansas City, KS bankruptcy attorney Tracy L. Robinson explains how he can help clients discharge IRS debt.
