Discharging Income Taxes in Bankruptcy: Three of Four

07 Dec Discharging Income Taxes in Bankruptcy: Three of Four

This is the third installment in a series of posts analyzing when an income tax can be discharged in bankruptcy. The first two requirements–the three-year rule and 240-day rule–were discussed previously.

The third requirement is this: If a return is filed late, it must not be filed within two years of a bankruptcy for the tax to be discharged. This requirement is relatively straightforward with only a few caveats.

  • One, amended returns count as returns for purposes of this rule.
  • Two, if in the course of correspondence with the IRS, one gives financial statements with all the information needed to complete a return, this can also be deemed to be a return.
  • Three, the two-year period begins once the taxing authority actually receives the return, not when the return is mailed, as is the case with timely-filed returns.
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