Petaluma Tax Debt Lawyer
When tax debts become beyond your control, I am a lawyer who is here to help you, not judge you. The Internal Revenue Service possesses vast resources to collect the money it is owed. Please know that you do not have to fear it or face the situation on your own.
If there are levies or garnishments against you, Chapter 7 or Chapter 13 bankruptcy may be the best chance you have to find resolution and even the odds you face against a powerful government entity. I treat bankruptcy as an economic decision and encourage all my clients to take that approach. Discharging tax debt is fraught with numerous rules and it is complicated, but I will get you through the maze of regulations and laws required to deal with your tax debt.
Contact a Novato IRS Tax Debt Attorney
I'm attorney Andrew Kern, a member of the National Association of Consumer Bankruptcy Attorneys (NACBA), and I help people understand the bankruptcy process and how it can help them with their tax debts.
To set up your free initial consultation at the Law Office of Andrew Kern, contact me online or call 707-658-4602.
Tax Debts Are Dischargeable Under Certain Conditions
The IRS is an aggressive collection agency. Bankruptcy is a way to stop those actions that often take the form of levies and garnishments. Income tax debt must meet certain requirements to be discharged:
- Filing taxes (unfiled returns are not dischargeable)
- Your tax return was not fraudulent or frivolous
- You are not guilty of tax evasion
- Tax return was due at least three years before a bankruptcy filing, including extensions
- Debt is related to a tax return filed two years to the day prior to bankruptcy
- Tax assessment is 240 days old based on a self-reported balance due or a final audit or determination or assessment
- Proof that you filed four previous tax returns no later than the date of the first creditors' meeting
The above rules are just a cursory review of the basic laws to discharge income taxes. If your tax debt is from taxes other than income taxes then your tax debt may be dischargeable depending on its characterization.
If your tax debt is not dischargeable then you can pay your back taxes through a Chapter 13 payment plan stretching out the payments over the plan period, which can be 3 to 5 years. Chapter 13 provides certain advantages:
- All pre-filing penalties are categorized as unsecured debts which are rarely paid in full through the plan.
- All penalties stop accruing during the plan payment period provided all plan payments are completed and you receive a discharge.
- You pay no interest on your income tax arrears while in the payment plan and the interest is never paid if you complete all plan payments and receive a discharge. The only exception to this is if the IRS filed a tax lien and you have non-exempt possessions to which the lien attaches.
The Personal Service You Deserve From a Petaluma Tax Debt Attorney
I will take the time to get to know you and devise strategies and solutions that work best for your individual situation. I will be personally involved with your case every step of the way.
Besides knowing the law on discharging taxes, I also prepare individual income taxes for my clients. As a result, I must stay up to date on the personal income tax laws and I am often able to offer tax saving tips to my bankruptcy clients or prepare their taxes at a rate less than their CPA or tax preparer charges. Also, if you did not file your tax return then I can prepare and file it in time to get it to the Chapter 13 trustee 7 days prior to your meeting with the trustee.
To begin the debt relief process with a free initial consultation, contact me online today. My law firm is conveniently located near Highway 101 in Petaluma, California.
I am a debt relief attorney. I help people file for bankruptcy relief under the Bankruptcy Code.