You can not put taxes in a bankruptcy. They WILL get your money, and there is no way you can stop it short of running to Mexico. They will take your bank accounts, take money out of your checks, even come by your house and take your stuff!
Basically If you owe the government there is no easy way out, and they will get their money. Refi your home, get a loan, take whatever means necessary to come up with the money.
I agree with Jesed........work out a repayment plan. Most of the time as long as you have an agreed repayment plan, they will not take legal action. Put any extra money you can towards this debt. Unless you can find other financing for it.
Is this federal or state taxes?
Message Edited by sidewinder on 05-08-200805:08 PM
I am not a lawyer and what worked for me may not work for you or be completely accurate but here are some things I can offer:
The IRS will help you if you ask. There is also the tax advocacy group. Their number is on the IRS web site. Just communicate with them and know drop dead dates. Work for extensions etc.
Before Anything else: Pay a lawyer 500 buck to stop the collection process. They can do it in no time and it is worth the money in the long run. Gives you time to work the situation out. They won't garnish your wages then. You can take care of the rest of the work yourself.
Forget about BK as was stated before. Taxes and Student Loans are among the things that even death cannot get you out of.
First thing after getting the collection process stopped, look at your taxes for the year(s) in question. It is possible to file an amended tax for those years. (if they are not to old. I don't know the max age) You may find ways of improving your already filed taxes and reduce the bill. This worked great for me as I had tons of deductions that I never knew to take as a new business owner.
3 Enter into a payment plan as soon as you are ready. If you get a lien and it is released you cannot get it removed for up to 10 years. But if you work out a payment plan you can file to have the lien withdrawn.
I am only telling you the things that I have personally experienced. there is much more.
Call them!! Get on an installment repay plan ASAP. They will garnish your wages. I've been dealing with an audit for 2004 since Sept. 06. It's been extremely irritating dealing with the IRS. They are very ssssslllllloooooowwwww getting everything done. My feeling is that they love the interest and penalty fees that accrue during the audit. It took them 8 months to get back to me about their decision on the audit. I put in an appeal in February and 2 weeks later they sent a lien on my wages. When I called, the first guy treated me like he was a debt collector...even though my CPA sent in the appeal. 3 hours later, I called again and got a lady who gave me a completely different response. They put me on a payment plan until the appeal goes through. I just received a letter last week that they received my appeal. It's been such a hassle. And this whole time, they are making interest off of my payments. Better than a lien though!
I assume this is with the IRS. I would try and get an offer in compromise with them. It will require you to show a lot of documenation pertaining to your assets, income and expenses, but if they agree and you stick to the payment plan and DO NOT default, it's possible to avoid a tax lien being placed on your reports. Do whatever you have to do to avoid a tax lien, they can be a real PITA to have deleted from credit reports.
Yes you can discharge taxes in BK. I just did it last year. The caviat is that your taxes have to 3 years old FROM THE DATE YOU FIRST FILED YOUR TAX RETURN that you owe money on. I discharged over 75,000 dollars in back taxes. They released my Tax Lien no questions asked.