Regular Post
Written by Scott Allen

Work with Scott Allen E.A. if you want to know if you can discharge your IRS taxes in bankruptcy

The following conditions must be met to discharge your IRS taxes in an Arizona bankruptcy:

  • Must have filed an original return.  IRS substitute for returns do not qualify.
  • Must be 3 years past the due date for filing the return, including extensions.
  • Return must have been assessed at least two years and 240 days after a new assessment from an audit.
  • There must be no fraud in the filing of the return.
  • Payroll taxes and sales taxes cannot be discharged in bankruptcy.
  • If you filed a previous bankruptcy, the 3 year and 240 day rules are extended during the time you were in bankruptcy plus 90 days.
  • An Offer in Compromise delays the 240 day rule for the time the Offer was pending plus 30 days
  • A Collection Due Process Hearing will delay the 3 year and 240 day period for the amount of time you were involved in the CDP process.

If you have questions about whether you qualify for discharge in a bankruptcy or need to file returns so that you can pursue filing a bankruptcy to discharge taxes at a later time, contact Scott Allen E.A. for a free consultation at 48-926-9300.

www.arizonaIRSproblems.com

– – info@taxdebtadvisors.com

IRS Problems, IRS Tax Attorney, Payroll Tax Problems, Tax Bankruptcy
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Regular Post
Written by Scott Allen

Call Scott Allen E.A. if you have filed a bankruptcy and now own a home with an IRS Tax Lien that has survived the bankruptcy

Wow, what a surprise it is for clients to find out that their Mesa, AZ IRS tax debt was discharged but the IRS tax lien is still attached to their home.  The good news is that if your home doesn’t have any equity right after the bankruptcy is completed, Scott Allen E.A. can petition the IRS to release the Maricopa County IRS tax lien.  If you have equity, then the options to protect that equity requires the expertise of someone who knows each of those options and can advise you which one would is the best one for you to pursue.

It is amazing how many taxpayers go to a bankruptcy attorney and were never told that the IRS tax lien would survive the bankruptcy and still be attached to their home.  And most bankruptcy attorneys do not advise their clients who have no equity in their homes how to get the IRS tax lien released after bankruptcy.

If you have questions on this issue, contact Scott Allen E.A. of Mesa AZ for a free consultation to see what your options are and what he can do for you.  Scott can be reached at 480-926-9300.  Let Scott make today a great day for you!

www.TaxDebtAdvisorsInc.com

– – info@taxdebtadvisors.com

IRS Problems, IRS Tax lien problems, Tax Bankruptcy
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Regular Post
Written by Scott Allen

Mesa AZ IRS Tax Attorney when I have filed a bankruptcy when I own a home and have an IRS tax lien?

First, dealing with a Maricopa County IRS Tax lien is not a legal matter.

But let’s back up and make sure of the circumstances surrounding your bankruptcy.  When a taxpayer files a bankruptcy and has met all the criteria for discharging taxes in a bankruptcy, the tax debt is considered removed.  However, if there was an IRS tax lien filed prior to the bankruptcy and the taxpayer owns a home with equity, the IRS tax lien is still attached against the home for the amount of the equity.  If the taxpayer sells the house before the statute of limitations expires, the IRS is entitled to that equity at the close of escrow.  If however, there is no equity in the home at the time of the bankruptcy, the taxpayer has the option of requesting that the tax lien be removed.

It is critical to get a certified appraisal on the home at the time the bankruptcy is discharged, so that the value of the home is provable if there is a dispute with the IRS.  Waiting several years and expecting the IRS to accept that you had no equity in the home may be difficult to prove.  If you want the Maricopa County IRS tax lien to be removed it is best to do it as soon as possible after the bankruptcy has discharged the IRS tax debt.

Scott Allen E.A. has the expertise to advise you on these matters.  He has seen many clients who were not advised by their Mesa AZ bankruptcy attorney that the lien would survive the bankruptcy and attach to their home.  Very few attorney bankruptcy clients were even advised what to do when they had no equity in their home after their bankruptcy was over.  If you have questions on this matter, contact Scott Allen E.A. in Mesa AZ for a free consultation at 480-926-9300.  There is still hope even if you had equity in your home, to prevent the IRS from using that equity against your IRS debt.

 

IRS Problems, IRS Tax Attorney, IRS Tax lien problems, Tax Bankruptcy
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Regular Post
Written by Scott Allen

Arizona IRS help: Discharge Taxes in a Bankruptcy

Can Taxes be discharged in Bankruptcy? 

Discharging taxes in bankruptcy is real.  But it is difficult to locate a professional who knows the rules and can document the filing of the returns so that they will be included in your bankruptcy.  Here is the best advice you will ever find regarding discharging taxes in bankruptcy.

  • Step one.  Contact me regarding qualifying your taxes in bankruptcy.
  • Step two.  Contact a bankruptcy attorney who can determine if you qualify to file a bankruptcy.
  • Step three.  If step one and step two have been done correctly, your taxes will be discharged in a chapter 7 bankruptcy.

Here is what the typical client that comes into our office tells us:

I went to ABC Bankruptcy and filed a bankruptcy and none of my taxes were discharged.  How come?

Here is what I tell them:

Very few attorneys understand discharging taxes in bankruptcy.  They know how to file bankruptcy and if you qualify they will take your money and list the tax years you want to have discharged.  The reason your taxes were not discharged is that they did not qualify under the 2 year or the 3 year rule—the returns must be filed for 2 years and it must be 3 years since the due date for filing the return.

Mr. Client, if you had waited another 3 weeks, 2 months, 1 year, (some period of time) all of your taxes would have been discharged when you filed your bankruptcy.  Unfortunately your attorney either didn’t know that or didn’t care.

Attorneys know that if you walk out of their office without paying for a bankruptcy, it is unlikely you will go back after coming to someone like me.  We will tell you when to see the attorney and give you the paperwork that shows the date your taxes are dischargeable in bankruptcy.

That is the plain and simple truth—there is no rocket science unless you go to the wrong professional.  Call me today for a free initial confidential consultation so that your discharge of taxes will be successful.

For Arizona IRS Help call Scott Allen, E.A. – Tax Debt Advisors, Inc

Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa Grande,  Catalina, Chandler, Chinle, Chino Valley, Coolidge, Cottonwood, Dewey, Douglas, Eagar, El Mirage, Eloy, Flagstaff, Florence, Fountain Hills, Gilbert, Glendale, Globe, Goodyear, Green Valley, Kingman, Lake Havasu City, Lakeside, Marana, Mesa, Nogales, Oro Valley, Page, Paradise Valley, Payson, Peoria, Phoenix, Pinetop, Prescott, Prescott Valley, Safford, San Luis, Scottsdale, Sedona, Show Low, Sierra Vista, Somerton, Sun City, Sun City West, Sun Lakes, Surprise, Tempe, Thatcher, Tuba City, Tucson, Winslow, Yuma

Apache County, Cochise County, Coconino County, Gila County, Graham County, Greenlee County, La Paz County, Maricopa County, Mohave County, Navajo County, Pima County, Pinal County, Santa Cruz County, Yavapai County, Yuma County

www.TaxDebtAdvisors.com

 

IRS Problems, IRS Tax Attorney, Tax Attorney Arizona, Tax Bankruptcy
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Regular Post
Written by Scott Allen

IRS Tax Bankruptcy in Arizona: IRS help from Scott Allen, E.A.

IRS Tax Bankruptcy in Arizona

IRS discharge in bankruptcy—Why residents of Arizona should consider filing a bankruptcy to settle their IRS debt. 

  • When you cannot qualify for an Offer in Compromise
  • The IRS is not the decision maker.  The Bankruptcy Code supersedes the IRS code.
  • Bankruptcy is often less costly than entering an installment arrangement
  • When you have debts other than tax debts—both are taken care of when you file a bankruptcy
  • In a Chapter 7 bankruptcy you pay the IRS zero!
  • Many individuals qualify for a Chapter 7 bankruptcy even with a high income
  • If you don’t own a home, the tax lien that survives the bankruptcy doesn’t  affect you negatively

I will help you analyze all tax settlement options at the same time so that you are confident you made the right choice.  Call today for a free initial confidential consultation about an IRS tax bankruptcy in Arizona.

 

Apache Junction, Avondale, Bisbee, Buckeye, Bullhead City, Camp Verde, Casa Grande,  Catalina, Chandler, Chinle, Chino Valley, Coolidge, Cottonwood, Dewey, Douglas, Eagar, El Mirage, Eloy, Flagstaff, Florence, Fountain Hills, Gilbert, Glendale, Globe, Goodyear, Green Valley, Kingman, Lake Havasu City, Lakeside, Marana, Mesa, Nogales, Oro Valley, Page, Paradise Valley, Payson, Peoria, Phoenix, Pinetop, Prescott, Prescott Valley, Safford, San Luis, Scottsdale, Sedona, Show Low, Sierra Vista, Somerton, Sun City, Sun City West, Sun Lakes, Surprise, Tempe, Thatcher, Tuba City, Tucson, Winslow, Yuma

Apache County, Cochise County, Coconino County, Gila County, Graham County, Greenlee County, La Paz County, Maricopa County, Mohave County, Navajo County, Pima County, Pinal County, Santa Cruz County, Yavapai County, Yuma County

 

IRS Problems, IRS Tax Attorney, Tax Attorney Arizona, Tax Bankruptcy
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Regular Post
Written by Scott Allen

Are taxes discharged in bankruptcy taxable as forgiveness of debt? From Tax Debt Advisors, Inc.

Discharge IRS taxes in bankruptcy

No tax debt discharged in bankruptcy is considered cancellation of debt and will not be considered income to be reported on your tax return.  However, creditors who elect to cancel their debt can cause it to be taxable by filing IRS Form 1099-C.  Usually the full amount cancelled is taxable income unless you can prove that you were insolvent when the debt was cancelled.

If you decide to file a bankruptcy, I will prepare current documentation that will allow you to avoid paying taxes on forgiveness of debt, IF YOU ARE INSOLVENT.

Almost every client who files a bankruptcy is insolvent but to wait until the following year will make the process of proving insolvency more difficult.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

 

IRS Problems, IRS Tax Audits, Tax Bankruptcy
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Regular Post
Written by Scott Allen

How does the IRS administer my tax debt when I file a bankruptcy? From Tax Debt Advisors, Inc.

Filing A Tax Bankruptcy

The IRS will cease all collection action and will transfer your account to its bankruptcy division.  Any tax periods not listed on the bankruptcy petition will not be discharged in bankruptcy.  A STRONG WORD OF CAUTION—bankruptcy attorneys are notorious for not finding out all the tax periods with IRS tax debt.  I will qualify all of your taxes that are dischargeable in bankruptcy by getting transcripts of all IRS tax debt that you will take to our preferred attorney to handle your tax motivated bankruptcy.  You should only do a tax bankruptcy with an attorney.  Do not attempt to do this on your own or use a paralegal.  It is just too important to leave to chance—you only get one.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

IRS Problems, Tax Attorney Arizona, Tax Bankruptcy
0
Regular Post
Written by Scott Allen

What are the pros and cons of filing Bankruptcy to discharge my IRS tax debt? From Tax Debt Advisors, Inc.

Discharging IRS Tax in Bankruptcy Phoenix AZ

Pros

Immediately there is an automatic halt of all collection action by the IRS.  Discharging IRS tax in bankruptcy Phoenix AZ can be used when an IRS Offer In Compromise is rejected or you do not have the funds to pay the amount the IRS wants to be paid with your Offer.  It may be possible to wipe out all interest, penalties and tax liability.

Cons

Discharging IRS tax in bankruptcy Phoenix AZ will hurt your credit.  Some taxes such as payroll tax debts are not dischargeable.  Attorney fees are expensive.  If you are close to the statute of limitation, it maybe better to enter an installment arrangement or non-collectible status until the time the IRS has to collect the tax expires.

If you filed a fraudulent return it cannot be discharged in bankruptcy.  There is a waiting period of two years from assessment and three years from the due date for filing the return.

——————

My service to you is to tell you when your taxes are dischargeable in a bankruptcy and compare filing a bankruptcy with other IRS settlement options.  I will then refer you to a competent bankruptcy attorney who will determine if you qualify to file a bankruptcy and answer any questions you have on how IRS tax bankruptcy will affect you.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

IRS Problems, IRS Tax Attorney, Tax Attorney Arizona, Tax Bankruptcy
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Regular Post
Written by Scott Allen

Will the IRS be willing to accept a low offer in compromise if they know I can discharge the taxes in a bankruptcy?

Arizona IRS Offer in Compromise

I have seen where the ability to file a bankruptcy has had a positive effect on getting an Arizona IRS offer in compromise accepted if there are genuine areas of disagreement on how assets should be valued in determining the offer amount.  I have also seen situations where the IRS will not budge on an offer amount even if you decide to file a bankruptcy.  There is a lot of variation in the way the offer in compromise group handle offers when the option to discharge the taxes in a bankruptcy is available.  If the tax debt is on a current year, the IRS knows that you must wait three years from the due date of the return before you can file a bankruptcy.  In that case, the option of filing a bankruptcy would not be taken into consideration.  Each situation has to be evaluated on its own merits.  Working with a professional who has seen lots of Arizona IRS offer in compromise’s accepted when a bankruptcy is an option is the only way to get an objective opinion.

Scott Allen E. A.

Tax Debt Advisors, Inc for Arizona IRS Offer in Compromise

www.taxdebtadvisors.com

 

IRS Problems, IRS Tax lien problems, Tax Bankruptcy
0
Regular Post
Written by Scott Allen

Why should I consider discharging taxes in bankruptcy?

Discharging Tax in Bankruptcy Chandler AZ

1)      Filing a bankruptcy will immediately stop all levy and seizure action.  Levies against wages and bank accounts are released.

2)      The IRS has no decision power on bankruptcy matters.  If you can file a bankruptcy and the taxes are qualified for discharge, the bankruptcy option will work every time.

3)      Bankruptcy takes care of not only the tax due but also interest and penalties.

4)      Offers are becoming increasingly difficult to get IRS acceptance.

5)      Discharging tax in bankruptcy Chandler AZ can solve both your tax and not tax debt.  If you have significant credit card debt, a judgment against you or large medical bills, filing a bankruptcy can resolve all of your debt issues.

6)      An offer in compromise will only take care of your IRS debt.  If you owe state taxes, the option of filing bankruptcy to discharge federal and state taxes is a major advantage over filing an offer in compromise.

Scott Allen E. A.

Tax Debt Advisors, Inc

taxdebtadvisors.com

 

IRS Problems, Tax Bankruptcy, Unfiled Tax Returns
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