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Eliminate Taxes in Bankruptcy!
Get rid of Taxes and Get Tax Relief!
The Law Offices 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 & New York Bankruptcy & 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 and offer in compromise. Our Bankruptcy Tax Attorneys show you how to avoid tax liens and submit an offer in compromise.
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 tax return was non-fraudulent or the taxpayer is not guilty of a willful
attempt to evade or defeat the tax [§ 523(a)(1)(C)];
3. 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)];
4. The tax was assessed more the 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):
If Bankruptcy is not for you, this office is available to deal with the Internal Revenue Service and New York State on your behalf to get Tax debt relief. Our Tax Attorneys handle tax liens in Bankruptcy and offers in compromise. Our Bankruptcy Tax Attorneys show you how to avoid tax liens and submit an offer in compromise so you can get tax debt relief!
Please call The Law Offices of Neil E. Colmenares, P.C. to schedule a consultation. Our Queens, Nassau & New York Bankruptcy & 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 and offer in compromise. Our Bankruptcy Tax Attorneys show you how to avoid tax liens and submit an offer in compromise.
For additional information about Bankruptcy, click here to read recent articles by Mr. Colmenares.
Want to read the Bankruptcy Code? If so, click here.
E-mail: help@nycounselor.com
Queens Office: Nassau Office: Manhattan Office: 45-15 Union Street 231 Mineola Blvd 450 Seventh Avenue, Suite 802 Flushing, NY 11355 Mineola, NY 11501 New York, NY 10123 (718) 888-3108 (516) 739-7272 (212) 563-2222 Internet Office: For those who cannot come to one of our offices in person, we offer full service via the Internet, e-mail, telephone and facsimile. Click here to begin your Internet case.
Call today to schedule a consultation.
Home Page, Contact Us, Recent Articles, Statement of Client's Rights and Responsibilities, Site Map, Immigration Matters, Espanol
Bankruptcy, Frozen Bank Accounts and Wage Garnishment, Chapter 7 Overview, Chapter 13 Overview, Mortgage Foreclosure, Discharging Taxes in Bankruptcy, Discharging Student Loans in Bankruptcy, Why Credit Card Debt Consolidation Does Not Work, Bankruptcy for Creditors
Business, Buying and Selling a Business In New York State, Commercial Lease Negotiation in New York State, Liquor License Procurement in New York State
*Prior results do not guarantee a similar outcome.
This web site and the related links are purely a public resource of general information and it is not intended to be nor is it a source of legal advice. You should consult an attorney for advice regarding your specific situation. This information is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.
IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. Federal Tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein.We are a debt relief agency. We assist people to file for relief under the Bankruptcy Code.