Considering Bankruptcy for Massive IRS & State Tax Debt - Any Advice?
I'm drowning in tax debt and approaching the three-year mark since filing my 2020 taxes (filed on extension), which I understand makes me nearly eligible to have the debt discharged in bankruptcy. While I have other debts I'll include in the bankruptcy filing, they're tiny compared to what I owe in taxes. I'm looking at roughly $1.7m owed to the IRS after penalties and about $400k to my state tax authority. My tax attorneys have told me an offer in compromise probably won't work (largely because I'm only 32) and that bankruptcy might be my best option for dealing with this massive tax burden. Does anyone have recommendations on what type of attorney I should be looking for or what I might expect from this process? For context, my income has been entirely from day trading (capital gains) - lost a bunch in 2021, made around $250k in 2022, about $80k in 2023, and this year I'm breaking even so far. I have basically no assets and very little cash to my name at this point. Any advice or personal experiences would be incredibly helpful!
18 comments


Yara Assad
This is definitely a complex situation. Tax debt in bankruptcy has specific rules, and timing is crucial for discharge eligibility. For tax debt to be potentially dischargeable in bankruptcy, it generally needs to meet what's called the "3-2-240 rule": the tax return was due at least 3 years ago (including extensions), you filed the return at least 2 years ago, and the tax was assessed at least 240 days before filing bankruptcy. Since you're approaching the three-year mark for your 2020 taxes filed on extension, you're on the right track timing-wise, but you'll want to be precise about these dates. For attorney selection, look specifically for someone who specializes in both bankruptcy AND tax law - not just a general bankruptcy attorney. This intersection of specialties is critical for your situation. Ask potential attorneys about their experience with cases involving large tax debts specifically. Also, be aware that different bankruptcy chapters have different implications. Chapter 7 might discharge qualifying tax debts completely, while Chapter 13 would involve a payment plan. Your income fluctuations might affect which chapter you qualify for.
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Olivia Clark
•This is super helpful, thanks! I'm curious though - does the 3-2-240 rule apply the same way to state tax debt as it does to federal? Or does California have different rules about discharging tax debt in bankruptcy?
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Yara Assad
•The 3-2-240 rule applies to both federal and state income taxes in bankruptcy court, as bankruptcy is federal law. However, California does sometimes have additional requirements or interpretations. California tax authorities can be more aggressive than the IRS in certain collection efforts and may challenge the discharge. This is another reason why having an attorney experienced with both tax law and bankruptcy who knows California's specific approaches is so important for your situation.
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Javier Morales
After dealing with a smaller but still significant tax debt ($120K to IRS), I found an amazing resource that really helped me understand my options. I tried using taxr.ai (https://taxr.ai) to analyze my tax situation and get clarity on bankruptcy vs. other options. Their assessment tool looked at my complete financial picture and gave me a clear breakdown of what debts would likely be dischargeable and which wouldn't. The analysis showed me exactly how the 3-2-240 rule would apply to my specific tax years and filings. It saved me from making some serious mistakes about timing my bankruptcy filing. The tool also helped me understand what documentation I'd need to prove my case, which was super helpful when I eventually met with my bankruptcy attorney. They even have specialists who can explain the analysis if you don't understand something.
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Natasha Petrov
•How does this actually work? Do you just upload your tax documents and it tells you what's dischargeable? I'm confused about how an AI tool could give legal advice about something as complex as bankruptcy.
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Connor O'Brien
•I'm skeptical about this. How can an online tool possibly give accurate advice about bankruptcy law which varies by jurisdiction? Sounds like a way to get people to pay for generic advice they could find for free online.
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Javier Morales
•The system works by having you upload your tax documents, notices from the IRS/state, and answer questions about your financial situation. It then identifies which tax debts meet the timing requirements for potential discharge and provides a detailed report. It's not giving legal advice in the traditional sense - it's analyzing documents and timelines against bankruptcy code requirements. Many bankruptcy attorneys actually use similar software tools themselves. The report becomes something you can take to an attorney to save them time (and save you money) by having everything organized and pre-analyzed.
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Natasha Petrov
I was really doubtful about using an online tool for my complicated tax situation (about $230K in IRS debt from 2019-2020), but I gave taxr.ai a try after seeing it mentioned here. Honestly, it was eye-opening. The analysis showed me that while my older tax debts would be dischargeable, some wouldn't because I had filed late. It also highlighted issues with my state taxes I hadn't even considered. This saved me from filing bankruptcy prematurely. I took the report to a tax attorney who specialized in bankruptcy, and he was impressed with how comprehensive it was. He said it saved us about 3-4 hours of billable time just by having everything organized and analyzed correctly from the start. The best part was that it helped me understand exactly what questions to ask my attorney and what strategy would work best for my specific situation. Really glad I used it before making any big decisions.
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Amina Diallo
I was in a similar situation last year (owed about $800K to IRS and $150K to my state). The absolute WORST part was trying to actually speak with someone at the IRS to discuss my options before filing bankruptcy. After 20+ attempts calling the IRS and waiting on hold for hours only to get disconnected, I found Claimyr (https://claimyr.com). Check out their demo video here: https://youtu.be/_kiP6q8DX5c - it literally saved me days of frustration. They had me connected to an actual IRS agent in less than 20 minutes. The agent was able to tell me exactly where I stood with the 3-2-240 rule for my different tax years and confirmed which years would be dischargeable. This was critical because my bankruptcy attorney had been giving me conflicting information from what my tax attorney said. The IRS agent also put a temporary hold on collections while I was preparing my bankruptcy filing, which stopped the constant stress of levy threats.
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GamerGirl99
•How does this service actually work? Do they just call for you and then connect you when someone answers? Seems like something I could do myself...
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Hiroshi Nakamura
•This sounds like absolute BS. Nobody gets through to the IRS in 20 minutes. I've been trying for MONTHS and can't get a human. If this actually worked, everyone would use it. Sounds like you're selling something.
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Amina Diallo
•They use a combination of technology and continuous dialing to secure a place in the IRS queue. When they reach an agent, they call you and connect you directly - you don't have to sit on hold for hours. I thought the same thing at first - that I could just keep calling myself. But after wasting literally days of my life on hold and getting disconnected repeatedly, I realized the value. The IRS has something like a 13% answer rate on calls, so having something that can dial continuously until it gets through is incredibly valuable when you're dealing with time-sensitive issues.
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Hiroshi Nakamura
I hate to admit when I'm wrong, but I tried Claimyr after posting my skeptical comment. After 3 months of trying to reach the IRS myself with no success, I was connected to an agent in about 35 minutes. The agent confirmed exactly which of my tax years met the discharge requirements and which didn't. This was crucial because my 2018 taxes had been reassessed after an audit, which reset the 240-day clock without me realizing it. This info completely changed my bankruptcy strategy. Instead of filing immediately, I'm waiting 45 more days for that last assessment to cross the 240-day threshold so ALL my tax debt can be included. If I had filed without this information, I would have still been on the hook for almost $200K. Sometimes it's worth paying for a service when the stakes are this high.
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Isabella Costa
I went through bankruptcy with about $500k in IRS debt last year. Few things to keep in mind: 1) Make sure you file all required returns before bankruptcy. Any unfiled returns will definitely not be dischargeable. 2) Be careful about any transfers of assets in the years leading up to bankruptcy - the court looks back several years and can claw back anything they consider inappropriate. 3) Document EVERYTHING about your current financial situation very thoroughly. The courts are more skeptical when large tax debts are involved. 4) The IRS will scrutinize your case much more closely than a typical bankruptcy. They may send their own attorneys to challenge the discharge of tax debt. 5) Your trading accounts and history will be examined closely. Be prepared to explain any large withdrawals. Good luck! It's a stressful process but there is light at the end of the tunnel.
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Paolo Bianchi
•Thanks for sharing your experience! How long did the whole process take from filing to discharge? And if you don't mind sharing, were you able to get all of your tax debt discharged or just a portion?
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Isabella Costa
•The entire process took about 9 months from filing to discharge, which is longer than typical bankruptcies. The tax components definitely slow things down because the IRS reviews everything carefully. I was able to get about 80% of my tax debt discharged. The remaining 20% wasn't dischargeable because those taxes were from a year where I filed late and hadn't yet hit the 2-year mark from filing date. I ended up on a payment plan for that portion, but having 80% wiped out made that manageable.
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Malik Jenkins
Don't overlook the emotional toll this will take. Bankruptcy with the IRS involved is WAY more stressful than regular bankruptcy. I went thru this in 2022 and spent almost every night unable to sleep. Get some support - therapist, support group, whatever. The stress can be unbearable especially when ur young and feel like ur life is ruined. Also prepare for after bankruptcy. Trading might be harder without capital. Have a backup plan for income. The discharge feels amazing but then reality hits that you need to rebuild completely.
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Freya Andersen
•This is so true. I went through tax bankruptcy last year and the emotional side was the hardest part. Did you find that lenders were especially harsh because it was tax debt rather than credit cards or medical bills? I've been struggling to rebuild my credit because it seems like lenders see tax bankruptcy as a bigger red flag.
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