Options
Bankruptcy
Bankruptcy stops IRS collection the moment you file. Whether it permanently eliminates the debt depends on specific rules most people do not know about until it is too late.
Filing bankruptcy triggers an automatic stay — all levies, garnishments, and IRS contact must stop immediately. This alone can buy critical time even if discharge is unlikely.
Scenario 1 — Old debt, new crisis: You owe $42,000 in back taxes from 2015 and 2016. Your wages are being garnished 25%. You also have $90,000 in credit card debt from a business that failed. Chapter 7 may discharge both the credit card debt and the old tax debt — if the tax years meet the timeline rules.
Scenario 2 — Business collapse: Your LLC went under and left you personally liable for $110,000 in payroll taxes. Payroll taxes almost never discharge in bankruptcy. But Chapter 13 can force a structured payment plan at terms you can manage, stopping all collection while you pay.
Scenario 3 — Buying time: The IRS is threatening to seize your car and equipment. You are not eligible for discharge, but filing Chapter 13 immediately stops the seizure and buys 3 to 5 years to repay under court supervision — at a payment amount a judge determines is fair.
Income tax debt — not payroll, not fraud penalties — can be discharged in Chapter 7 bankruptcy if ALL of the following are true:
Measured from the original due date of the return (April 15), not when you filed. A 2019 return due April 15, 2020 qualifies for discharge consideration after April 15, 2023.
If you filed late, the clock starts on the date you actually filed — not the due date. A return filed 5 years late only starts the 2-year clock from its actual filing date.
Assessment date is when IRS recorded the liability. This is often different from the filing date, especially for audits and amended returns.
If the IRS pursued fraud penalties, those penalties and related tax are not dischargeable. Ordinary negligence does not count as fraud.
If the IRS filed a Substitute for Return (SFR) on your behalf because you did not file, that is generally NOT dischargeable. You must have filed the return yourself.
All 5 conditions must be met simultaneously. Missing any one means that tax year's debt survives bankruptcy.
No matter what chapter you file under, the following tax obligations survive bankruptcy:
The moment you file bankruptcy — Chapter 7 or 13 — an automatic stay goes into effect. This is a federal court order that prohibits the IRS from taking any further collection action:
Violating the automatic stay is a serious matter — the IRS is required to comply. Even if discharge ultimately does not apply to your tax debt, the stay can stop immediate collection damage while you explore other options.
Before filing bankruptcy for tax debt, do these things:
Check your assessment dates: Pull your IRS transcripts to see when each year was assessed. This determines if the 3-year and 240-day rules are met.
Confirm you filed returns: Any year where IRS filed an SFR on your behalf could block discharge. Filing late returns now can restart the 2-year clock — it may be worth waiting.
Compare bankruptcy vs other options: Currently Not Collectible status, Offer in Compromise, and payment plans may achieve the same protection without the long-term credit impact of bankruptcy.
Request a hold now: If IRS collection is imminent, request a collection hold immediately while you evaluate your options. This buys time without filing bankruptcy.
Our tax professionals can contact the IRS today and request a hold on collections while we review your situation.
No obligation. We will review your case and contact you.
Levies & Garnishment