Can tax debt be included in Chapter 13?
The outcome of filing Chapter 13 bankruptcy with regards to tax debt is seemingly as complicated as the IRS code itself. Taxes are generally considered a “priority debt.” That basically means you may be obligated to pay them. A Chapter 13 filing often opens the door to a 3- to 5-year affordable repayment plan. On the other hand, certain taxes may be considered “non-priority debts.” Examples of non-priority obligations include those from tax returns that are at least three years old.
What tax debt is dischargeable?
Not all tax debts are dischargeable. Things such as payroll, employment and excise taxes are generally not dischargeable. Also, taxes from returns within the last three years are not generally dischargeable. That being said, many people are able to wipe out significant income tax liability as long as they have filed returns and not engaged in fraud.
Is there a statute of limitations on IRS debt?
The IRS generally has a ten-year window to go after people for outstanding tax debt. It’s important to understand that the clock starts ticking once the IRS has received your tax return or has substituted one of their own if you failed to file. The statute of limitation usually begins when you receive a tax bill.