Can state income taxes ever be discharged?
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Can state income taxes ever be discharged?
Asked on August 13, 2011 North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The short answer is possibly. Whether or not income taxes may be discharged in bankruptcy all depends on how long the taxes have been past due and when the returns were filed. You may be able to discharge income tax debt for returns you have actually filed at least 2 years ago, and for taxes that were due at least 3 years ago.
Note: Other taxes such as excise, estate, gift taxes and some portions of payroll taxes are not dischargeable.
You should consult directly a bankruptcy lawyer about the specific facts of your case.
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