When it comes to bankruptcy and taxes, there are many things that you will want to think about. If you are going to file for bankruptcy, you are going to want to make sure that you do everything you can to save yourself as much trouble, money, and time as you can. You ought to know that some income tax debts may be eligible for being discharged in either a Chapter 7 Bankruptcy or chapter 13 Bankruptcy. The United States Bankruptcy Code has certain requirements that you are required to meet so that you can get your taxes discharged . It is best to talk to a bankruptcy attorney before you file regarding your individual situation so as to determine if your tax debts are eligible. Understand that not all of the tax debt that you might have will discharged should you file for bankruptcy. In the event you file for Chapter 7, you are likely to be able to get fully discharged of the debts that are allowable without requiring a repayment plan. With Chapter 13, there is going to be a payment plan that's required so that you can pay back some of your debts, and the remainder are discharged. Non-dischargable income tax debt is considered a "priority unsecured debt" in a Chapter 13 plan. In case you file for a Chapter 13 Bankruptcy with non-dischargable income tax debt, 100f that debt must be paid in 3 to 5 years in order for your plan to be confirmed. There's five criteria in order to see whether a tax debt can be discharged in a Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. The first is that the date that the tax return was due was no less than three years ago. The second is that the tax return had been filed at least two years ago. The third is that the tax assessment is over 240 days old. The fourth is that the tax return cannot have been fraudulent. And the fifth is that you are not guild of tax evasion. If you are able to meet all of these criteria, you are going to be able to most likely get your tax debt discharged if you file for bankruptcy. Bankruptcy is an incredibly complicated area of law and the above 5 criteria is a quite simple set of guidelines for a complex problem. Before determining that your debt is or will not be dischargable, it's best to speak to a knowledge bankruptcy attorney. The Law Offices of Michael A. Dye, P.A. is located in Fort Lauderdale, Broward County, Florida. Michael Dye is a bankruptcy attorney. The law firm is a debt relief agency which helps individuals file for protection under the United States Bankruptcy Code. For more information, please call (954)745-5848 or visit http://BKBroward.com.