What happens with taxes during bankruptcy? Can I discharge my tax debt?
I'm in a really tough financial situation right now and considering filing for bankruptcy. My business failed last year and I've got about $28,000 in credit card debt plus I owe the IRS around $15,000 from 2022 taxes that I couldn't pay (self-employment taxes mostly). I've heard different things about whether bankruptcy can help with tax debt or not. Some people told me tax debt never goes away, others said it depends on how old it is? I'm trying to understand what happens with my taxes if I file for bankruptcy. Will the IRS debt get wiped out along with my other debts? Do I need to be current on my tax filings before filing bankruptcy? And will filing bankruptcy affect my future tax refunds? This whole situation is seriously stressing me out, and I just need to understand my options. Thank you!
19 comments


Chloe Taylor
Tax debt CAN be discharged in bankruptcy, but it's complicated and depends on several factors. You need to meet what's called the "3-2-240 rule" for your tax debt to qualify: 1. The taxes must be at least 3 years old (from the due date including extensions) 2. You must have filed the tax return at least 2 years before filing bankruptcy 3. The IRS must have assessed the tax at least 240 days before filing bankruptcy Since your tax debt is from 2022, it probably doesn't meet the 3-year rule yet. And yes, you absolutely need to be current on filing your tax returns before bankruptcy (though you don't necessarily need to have paid them). As for future refunds - if you file Chapter 7, the trustee can take any refund that relates to pre-bankruptcy earnings. With Chapter 13, your refunds might need to be turned over to the trustee during your repayment plan.
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Diego Flores
•If the tax debt doesn't qualify for discharge, what happens to it during bankruptcy? Does it just stick around? And is there any difference between Chapter 7 vs Chapter 13 for handling tax debt?
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Chloe Taylor
•If your tax debt doesn't qualify for discharge, it remains after bankruptcy as if nothing happened. It's considered "priority debt" that survives bankruptcy. The difference between Chapter 7 and 13 is significant for tax debt. In Chapter 7, non-dischargeable tax debt simply remains your responsibility after the case closes. In Chapter 13, you'll include the tax debt in your repayment plan and pay it over 3-5 years, often without additional penalties and interest continuing to accrue. For many people with recent tax debt, Chapter 13 provides better relief since it gives you time to pay.
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Anastasia Ivanova
I was in a similar situation last year and found this tax analysis tool at https://taxr.ai that saved me so much stress. I was drowning in both business debt and tax issues and wasn't sure what could be discharged. The tool analyzed my tax documents and gave me a clear breakdown of which tax debts might qualify for discharge and which wouldn't. It also highlighted some tax credits I didn't know I qualified for that helped reduce my overall tax burden before I even filed bankruptcy. The timeline analysis feature was super helpful because it showed exactly where my different tax debts fell within that 3-2-240 rule the other commenter mentioned.
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Sean Murphy
•How exactly does this tool work? Do you just upload your tax documents and it figures everything out? I'm worried about putting my sensitive tax info on some random website.
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StarStrider
•I've tried tax analysis tools before and they've given me completely wrong information. How do you know this one is actually giving accurate advice about bankruptcy specifically?
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Anastasia Ivanova
•You upload your tax documents and the AI analyzes them to identify which debts might qualify for discharge under bankruptcy rules. It's secure - they use bank-level encryption and don't store your docs after analysis. The accuracy is what impressed me. It's specifically designed to analyze tax situations including bankruptcy qualification. It references current tax code and bankruptcy laws, and unlike general tax software, it specifically checks your debt against the discharge requirements. I verified its findings with my bankruptcy attorney who was actually surprised by how detailed the analysis was.
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StarStrider
Just wanted to follow up - I checked out that taxr.ai site after being skeptical, and I'm actually shocked at how helpful it was. I uploaded my last three years of tax documents and it immediately flagged which of my tax debts would likely be dischargeable based on the timing. What really surprised me was it found two filing errors from my 2021 return that were potentially increasing my tax liability. The analysis showed I'd missed some deductible business expenses that could reduce what I owe by about $3,800. Now I'm working on filing an amended return before proceeding with bankruptcy. The tool basically paid for itself instantly!
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Zara Malik
If you need to contact the IRS to get transcripts or resolve issues before filing bankruptcy, good luck getting through to them! I spent THREE WEEKS trying to get someone on the phone to discuss my tax situation. Then I found https://claimyr.com which got me through to an IRS agent in under 45 minutes. They basically wait on hold with the IRS for you and call you when an actual human picks up. Their system works way better than I expected - you can see a demo at https://youtu.be/_kiP6q8DX5c. This was crucial for me because I needed to verify the assessment dates for my tax debt before filing bankruptcy (that 240-day rule is super important).
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Luca Marino
•How does this actually work? Do they just sit on hold for you and then call you? Seems like something I could just do myself with two phones.
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Nia Davis
•Yeah right, no way this actually works. The IRS phone system is a disaster by design. I don't believe any service can magically get through when millions of people can't.
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Zara Malik
•They have an automated system that navigates the IRS phone tree and waits in the queue. When an agent picks up, their system calls your phone and connects you. No need for two phones or waiting on hold for hours. I was skeptical too! The IRS phone system is absolutely terrible. But their system works because they've figured out the optimal times to call and have technology that can stay on hold indefinitely. They also call from numbers the IRS prioritizes, which gives them shorter wait times than individuals typically get. I was connected in 37 minutes when I had previously waited 2+ hours and got disconnected.
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Nia Davis
I need to eat my words. After posting that skeptical comment I decided to try Claimyr anyway because I was desperate. I had been trying to reach the IRS for weeks about getting tax transcripts for my bankruptcy filing. Used the service yesterday around 10am and they got me through to an agent in just 28 minutes! The agent confirmed which of my tax debts met the discharge timing requirements and which didn't. Got the official transcripts I needed for my bankruptcy attorney showing the assessment dates. This saved me at least a week of stress and my attorney said the documentation was exactly what he needed. Sometimes being wrong feels pretty good!
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Mateo Perez
One thing nobody mentioned yet - if you have tax liens already filed against your property, bankruptcy gets more complicated. Even if the underlying tax debt qualifies for discharge, pre-existing tax liens can survive bankruptcy and remain attached to your property. Also, make sure your bankruptcy attorney knows tax law or works with someone who does. I filed bankruptcy in 2023 and my attorney missed some nuances about my tax situation that ended up costing me. Not all bankruptcy attorneys understand the tax implications deeply enough.
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Diego Flores
•Do tax liens show up on credit reports? And if the tax debt gets discharged but the lien remains, what does that actually mean in practice?
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Mateo Perez
•Tax liens no longer appear on credit reports as of 2018 when the credit bureaus removed them from reports. Good news on that front! If your tax debt gets discharged but the lien remains, it means you don't personally owe the debt anymore, but the lien still attaches to any property you owned when the lien was filed. In practice, this means you'll still need to deal with the lien if you want to sell the property. The lien effectively makes the property itself responsible for the debt, even though you personally aren't. It's confusing but important - you might be "debt free" but your house might not be!
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Aisha Rahman
Don't forget about state taxes! Everyone's talking about IRS debt but state tax debt has different rules for bankruptcy discharge. Some states follow the federal rules, others have their own standards that make discharge harder. Also, keep filing your current taxes on time even while dealing with bankruptcy. New tax debt created during or after bankruptcy definitely won't be discharged.
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CosmicCrusader
•Thanks for bringing up state taxes. Does anyone know if tax penalties can be discharged more easily than the actual tax debt itself? I've heard the rules are different.
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Lucas Kowalski
•Yes, tax penalties and interest often have different discharge rules than the underlying tax debt! Generally, penalties related to dischargeable taxes can also be discharged if they meet the same timing requirements. However, penalties for fraud or willful evasion can never be discharged. Interest that accrued before the bankruptcy filing on dischargeable taxes is usually also dischargeable. But interest that continues to accrue during the bankruptcy process typically isn't. This is why Chapter 13 can be beneficial - it often stops penalty and interest accrual during the repayment period, even on non-dischargeable tax debt. The key is understanding which penalties you're dealing with. Failure-to-file and failure-to-pay penalties on old enough returns might qualify, but trust fund recovery penalties or fraud penalties won't.
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