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Handling Taxes in Bankruptcy: A Quick Guide
Eddy Hsu

When facing bankruptcy, understanding how taxes are managed is crucial for navigating this challenging financial period. The intersection of bankruptcy proceedings and tax obligations can be complex but manageable with the right information. Here’s what you need to know:

Priority Tax Debts: Not all tax debts can be discharged in bankruptcy. Certain priority taxes, such as income taxes that meet specific criteria, must be paid. These criteria often include debts that are not considered too old and those where the tax return was filed in a timely manner.

Non-Dischargeable Taxes: Taxes that are non-dischargeable in bankruptcy include recent income taxes, property taxes, and certain employment taxes. Understanding which taxes you might still owe can help in planning for future financial commitments.

Filing Requirements: Even during bankruptcy, you’re required to file your tax returns. Failing to do so can impact the progress and outcome of your bankruptcy case. Make sure all your returns are up to date to avoid unnecessary complications.

Chapter 13 and Tax Debts: For individuals filing under Chapter 13 bankruptcy, tax debts are included in the repayment plan. This plan allows a debtor to pay back taxes over a period, typically three to five years, providing a structured way to manage outstanding taxes without immediate liquidation of assets.

By understanding how taxes are managed in bankruptcy, individuals can better navigate the process and avoid future tax-related issues. Consulting with a tax advisor or bankruptcy attorney can provide further personalized insights to ensure compliance and reduce financial stress.

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