ELIMINATE TAXES IN BANKRUPTCY
Get Tax Relief!
The Law Office of Neil E. Colmenares, P.C. are attorneys who concentrate in the complex area of Bankruptcy Law with a focus on helping individuals and businesses discharge taxes (get rid of taxes) and get tax relief. Our Queens, Nassau and New York Bankruptcy and Tax Attorneys are here to help you discharge taxes in Bankruptcy, eliminate taxes from the IRS and New York State. We service Long Island, Queens, Brooklyn, Nassau, Kings, Suffolk county and all of New York. Get tax debt relief from a Tax Attorney who handles tax liens in Bankruptcy. We are Board Certified in Consumer Bankruptcy Law by the American Board of Certification.
In a recent case, we were able to discharge over $100,000.00 in personal income taxes for one of our clients!* There is no amount of tax liability that is too large or small to discharge.
If you are unable to pay your taxes, are struggling to make ends meet to avoid garnishment from the government, tax relief through Bankruptcy may help you discharge those taxes (get rid of debt).
The following are the general requirements for discharging taxes. Please note, these are general guidelines which should be reviewed with your Bankruptcy Lawyer and or Tax Attorney before taking any action.
Requirements for Discharging Taxes in Bankruptcy
1. The tax return or equivalent report was filed or given at least more than two years before the filing of the bankruptcy petition [the "Two-year Rule" 11 U.S.C. § 523(a)(1)(B)];
-This new language may broaden non-dischargeability to situations in which the debtor was required to give a notice to a taxing authority, such as perhaps after some event giving rise to tax liability.
-The amendment to this code section defines “return” as “a return that satisfies the requirements of applicable non-bankruptcy law (including applicable filing requirements),” and includes returns filed under IRC 6020(a) or equivalent state or local law, or stipulated judgments or orders, but does not include returns made pursuant to IRC 6020 (b) (service filed returns) or equivalent state or local law. This definition codifies existing law which dictates that when a debtor participates or signs off on a return, it is considered a return, but when the debtor does not participate in the taxing authority’s creation of a return, it is not.
-The amendment to this code section which includes the language “applicable filing requirements” is problematic. What requirements are included? If timeliness were included, it would render the timeliness language in 523(a)(1)(B)(ii) superfluous.
2. The most recent due date of the return is more than three years prior to the filing of the bankruptcy petition [the "Three-year Rule" 11 U.S.C. § 507(a)(8)(A)(i)];
3. The tax was assessed more than 240 days prior to the filing of the bankruptcy petition plus 30 days (the “240-Day Rule” § 507(a)(8)(A)(ii)):
-Exclusive of any time during which an Offer in Compromise with respect to that was pending or in effect during that 240 day period plus 30 days (§ 507(a)(8)(A)(ii)(I):
-Any time during which a stay of proceedings against collections was in effect in a prior case under this title during that 240 day period plus 90 days (§ 507(a)(8)(A)(ii)(II):
4. The tax return was non-fraudulent [§ 523(a)(1)(C)] AND;
5. The taxpayer is not guilty of a willful attempt to evade or defeat the tax [§ 523(a)(1)(C)];
Our Tax Attorneys handle tax liens in Bankruptcy and show you how to avoid tax liens so you can get tax debt relief!
Please call The Law Office of Neil E. Colmenares, P.C. to schedule a consultation. Our Queens, Nassau and New York Bankruptcy and Tax Attorneys are here to help you discharge taxes in Bankruptcy, eliminate taxes from the IRS and New York State. We service Long Island, Queens, Brooklyn, Nassau, Kings, Suffolk county and all of New York. Get tax debt relief from a Tax Attorney who handles tax liens in Bankruptcy.
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