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10th Circuit Rules: No Tax Discharge in Bankruptcy If You File a Late Return

10th Circuit Rules: No Tax Discharge in Bankruptcy If You File a Late Return

The 10th Circuit Court of Appeals recently ruled that if a bankruptcy debtor files a “late” income tax return, the underlying income tax debt cannot be discharged in Chapter 7 bankruptcy even if the debtor meets the other criteria for discharging tax debt in bankruptcy. The Criteria for Discharging Income Taxes in Bankruptcy Although many income tax debts are not dischargeable in bankruptcy, you can discharge a tax debt if it meets the following criteria: The tax debt is for…

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