Can I include 2007 income tax in CH 13

[lookin4info]

If I filed 2006 income tax on 10/17 2007 (took extension) when can they be included in my Chaper 13. The way I understand it, I could if I waited until after 10/17 2010. Does it go by the date due of April 15, or the extension date? I'm working with my atty. now, but want to be able to include 2006 taxes. If I don't have to wait, I can probably get all the money together for a Sept. filing instead of late Oct.

This all gets confusing, I've read that 2007 taxes had to be filed at least 2 yrs. ago and had to have been due at least 3 yrs. prior. Just want to confirm the 2007 taxes.

Thanks

[minan]

Your taxes can be included now. I have 2007 back taxes that are due and I have included them in my bk that I'm filing tomorrow.

I believe you are confused. The time frames you mention refer to those taxes that can be discharged. There are several criteria that have to be met in order for taxes to be discharged. I know one of the criteria is that the taxes have to be older than 3 years.

The time starts from the day you filed.

[SMinGA]

The rules about filing xx long ago are to determine whether or not the taxes are dischargeable or not. Speak to your attorney on that matter. But if you are proposing to pay back taxes in your plan, as long as you owe it now you can include it in a ch. 13. Would not be able to include taxes for next year if filing now, for example, so make sure withholdings are accurate going forward.

[lookin4info]

Yes, dischargable is the word I should have used. My attorney indicated if we file after 10/17/2010 that they would be 3 yrs old and dischargable. I sure hope that's right. Also, does it matter that I have a payment agreement now with the IRS and the first payment is due on 9/1. If I don't make that payment, it'll be about 6 wks or so before we file. I'm not sure how long I would have until they put a lein or garnishment on after I missed the 9/1 pmt, or if we would be safe at that time telling them we are in the process of filing. I think I am just nervous that if we don't have a case #, then they might rush to do take further action before the filing. Or am I worrying too much!!