Can I add this to my petition?

[jessegirl]

Hi all, well on Saturday we get a letter in the mail from our state saying that we owe them money for a mistake on our 2005 income taxes!!! Now I was never notified before and now they are charging 300.00 in interest. Can they do that, being I was never notified? Also, can this be addes to my BK? It is from my state not the IRS.

Thanks Jesse

[JoeBankrupt33]

I'm pretty sure you are out of luck. You can add it to the petition as a priority unsecured debt, but it can't be discharged. Although the tax debt would otherwise be old enough to discharge, you cannot discharge it if the tax debt was assessed in the last 240 days.

[kathy4530050]

Me Too!

I'm pretty sure you are out of luck. You can add it to the petition as a priority unsecured debt, but it can't be discharged. Although the tax debt would otherwise be old enough to discharge, you cannot discharge it if the tax debt was assessed in the last 240 days.

Good question Jesse! Just last week, I received a notice from my city saying that I owe for city taxes from 2005! The penalty and interest more than doubles the taxes owed. First, I'm not all convinced I owe this as I always hire competent accountants to prepare my returns and this has never come up before, but if I DO owe it, can I include it in my bankruptcy??

[jessegirl]

Bump
Can anyone else give me information on this subject

[jessegirl]

Bump again

[JRScott]

I think Joe's right but not sure.

[biotechsolution]

No.

At least 2 reasons.

1. For 2005 taxes to be dischargable you would have to have filed after April 15th 2009. The taxes have to at least 3 years past the due date.
2. You have to wait at least 240 days post assessment.

[kathy4530050]

No.

At least 2 reasons.

1. For 2005 taxes to be dischargable you would have to have filed after April 15th 2009. The taxes have to at least 3 years past the due date.
2. You have to wait at least 240 days post assessment.

(Sorry Jesse to jump into your question) Oh . . . so if I am getting a bill from 2006 (still not sure I owe this), I would have to wait another year before these could be discharged, right? Does it matter if these are city and not state or federal income taxes?

[JoeBankrupt33]

If the 2006 bill is for an income tax, it doesn't matter if it is local or state, you still have to wait 3 years after the due date.