Filing a Late Tax Return Hinders Your Bankruptcy Case

Planning on filing a Kenosha bankruptcy this year? Be sure not to miss your income tax return filing deadline of April 15th. Sending your income tax return late to the IRS can cause collateral damage to your Kenosha bankruptcy case.

Kenosha bankruptcy late tax returnThe law regarding tax debts and bankruptcy states that recent income tax debts are not dischargeable in a Kenosha bankruptcy. However, old tax debts may be dischargeable. Of course, the tax debt must also qualify for discharge under the current Bankruptcy Code. Recently, the First, Fifth, and Tenth Court of Appeals ruled that a late filed tax return does not qualify as a “tax return” according to the language in the Federal Bankruptcy Code.

The recent rulings center on a statement included in the 2005 changes to the Bankruptcy Code. This new language reads that a tax return is defined as a tax filing that “satisfies the requirements of applicable non-bankruptcy law (including applicable filing requirements).” In plain English, tax returns filed by the IRS without cooperation from the debtor are not recognized as “tax returns”. This means any tax return not filed on time may not be dischargeable debt in either a Kenosha Chapter 7 Bankruptcy or a Kenosha Chapter 13 Bankruptcy if not paid in full.

Of course, there are several rules regarding the dischargeability of income tax in a Kenosha bankruptcy case. The Bankruptcy Code is very complicated and complex. You will need the assistance of a Kenosha bankruptcy attorney to assist you in discharging income tax debt. It is extremely important to remember not to miss your April 15th income tax return filing deadline, or face the fact that any tax owed may not be dischargeable.


Contact a Kenosha Bankruptcy Attorney

If you require the discharge of income tax debt through bankruptcy, contact our Kenosha bankruptcy attorney. Our Kenosha bankruptcy attorney can answer your questions, assist you throughout the process, and relieve the stress associated with bankruptcy. Wynn at Law, LLC offers free bankruptcy consultations and has offices located in Lake Geneva, Delavan, and Salem, Wisconsin. Contact our Kenosha bankruptcy office today by calling 262-725-0175 or by emailing us via our bankruptcy website’s contact page.


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*The content and material on this web page is for informational purposes only and does not constitute legal advice.

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