Are you behind in your taxes? Are you suffering the indignity of stressful calls from the Internal Revenue Service? Perhaps the IRS has begun garnishment of your pay, thus leaving your family with less money with which to live. Perhaps a levy has been placed on your bank account. Consulting a will relieve your stress. Your first consultation is free. Your lawyer knows all the intricacies of tax law and your options in dealing with the numerous regulations pertaining to taxes.
Your NC bankruptcy lawyer will discuss with you your specific case. Individual tax situations can be complicated, and relief using Federal Law will vary depending on the circumstances of each case. Finding a knowledgeable attorney who is well versed in these laws is paramount.
Often, pressure is the greatest because of garnishment of wages. Your family needs are important and that money being taken is necessary to your home management and childcare. Regardless of the kind of tax you owe, filing for bankruptcy stops garnishment cold! When the taxing authority finds out that you have filed, it is supposed to act immediately to stop garnishment. Once the garnishment stops, even though you still owe the back tax amount, your options in repayment become more manageable, more in your control, and an amount that you can afford.
Many back taxes are dischargeable. If some back taxes are more than three years old, they may be dischargeable and you do not have to pay them back at all. By filing for bankruptcy and discharging certain taxes you owe, you will not have to pay those taxes back, ever.
There are four rules that apply to make a tax dischargeable. A knowledgeable attorney who has years of experience in this area will be your best resource. He will get extremely accurate information from the IRS and your State Department of Revenue to verify exactly what you owe and whether it is dischargeable under the four rules that are required to be met.
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Generally, Minneapolis bankruptcy attorney advocates that if you owe debts to the Internal Revenue Service or other State’s equivalent agencies, the debt is not dischargeable in bankruptcy but for very particular circumstances concerned. In case of bankruptcy Chapter 7, a complete discharge of allowable debts is possible whereas in bankruptcy Chapter 13 a payment arrangement is designed to disburse some debts while the remaining debts are discharged. In the bankruptcy laws, usually the tax debts are taken care of in the same manner as in both bankruptcy Chapter 7 and Chapter 13 petitions. The majority of tax debts cannot be discharged in bankruptcy says Minneapolis bankruptcy lawyer. A bankruptcy petitioner who has tax debts has to essentially fulfill the required five criteria for discharge and the majority of people are not able to fulfill these criteria.
All tax debts are related to a specific tax return and tax year keeping that in consideration the bankruptcy law has laid out specified criteria in relation to how old a tax debt can be explains Minneapolis bankruptcy attorney.
If the income tax debt of a petitioner fulfills all of the five rules, then that tax debt can be discharged in Chapter 7 and Chapter 13 bankruptcy petitions. The Five Rules to Discharge Tax Debts are listed here: 1. The due date is at any rate three years ago for filing a tax return. 2. The tax return has been filed at any rate two years ago. 3. The tax assessment done is at any rate 240 days old. 4. The tax return has not been fraudulent. 5. The taxpayer has not been at fault of tax evasion.
Some ‘Tax Debts’ are ‘Not Dischargeable’ according to Minneapolis bankruptcy lawyer such as the tax debts arising from unfiled tax returns. The IRS customarily reviews tax on unfiled returns. However, only if the taxpayer files a tax return for the year in question such tax liabilities cannot be discharged.
Prior to a Chapter 7 or Chapter 13 bankruptcy is granted, the bankruptcy petitioner needs to provide evidence that the four preceding tax returns have been filed with the IRS and not after the date of the first creditors’ meeting in a bankruptcy case as well as offer a copy of their most recent tax return to the bankruptcy court.
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Richard writes for the legal and bankruptcy law website Minneapolis bankruptcy help. The law firm has an enviable track record of helping companies and individuals file for bankruptcy protection successfully. For any of your bankruptcy problems meet their and get rid of your financial woes.