I need to see if anyone knows if I am able to include my owed 2006 & 2007 state taxes on my Ch.7 BK? They had been sent to the OH Attorney General's Office for collection, then in Oct '09 my file was sent to a CA (United Collection Agency). I currently owe a total of $1,455.40, and would LOVE to be able to have this discharge with my BK!!!
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Also originally from Ohio and have 4000 in back taxes from 2002. Collection lowered it to 700 but I ever paid it. TT said I will have to pay them and from what I read, Ohio has no statue of limitations so I guess they can attempt to colect forever. -
no lawsuit?
Did your OH taxes also go to United Collection Agency? You haven't been sued for it since it's a large sum? I always worry about being sued over debts.
Originally posted by dakota112 View PostComment
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Here are the qualifications to discharge an old income tax debt, which applies to federal and state taxes:
1.The due date for filing a tax return is at least three years ago. Your 2006 return was due on 4/17/2007 (4/15 was on a Saturday). So, if you file after 4/17/2010, then you can include the 2006 taxes. You can't do anything with the 2007.
2.The tax return was filed at least two years ago. Assuming you filed the 2006 taxes on time, you're good here.
3.The tax assessment is at least 240 days old. If you filed your taxes and it listed the amount you owed, then the assessment date is the date you filed your taxes. If you had an error on your 2006 taxes and the state just realized that you owe more money, then that had to be at least 240 days before filing.
4.The tax return was not fraudulent.
5.The taxpayer is not guilty of tax evasion.
When I filed last year, I discharged state income tax for 2004.Comment
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