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Should I file an extension if my state taxes are discharged in a bankruptcy?

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  • Should I file an extension if my state taxes are discharged in a bankruptcy?

    Hi there!

    I'm almost sure that my state taxes have been discharged in my chapter 7 bankruptcy. The state said they are mailing me out a letter in regards to this. There should be no reason why they shouldn't. All the rules allowing them to be discharged were met with the state. I need to file my taxes or an extension ASAP because I'm going to owe the IRS and need to obtain a loan to pay them what I owe. I'm wondering if I should get an extension however because I believe I may be due a refund from the state. Even though my state taxes are likely discharged there is still a lien against me. If I don't file an extension in order to remove the lien will they still give me my refund or will they keep it even though the taxes were discharged in bankruptcy but there is a lien against me? The only property that the lien is for is for my old 1999 car that has over 270,000 miles on it. Of course if they didn't remove the lien for some reason then they also don't have to renew my driver's license in 2015.

    Thank you so much for your help!
    Hope

  • #2
    I don't see the reasoning behind not filing your Fed. Taxes because of the state tax lien.

    I don't know how things work in MD, but NJ is awful to deal with, and nearly impossible to get any kind of accounting, unlike the IRS that sends statements every month. I BK'd a NJ tax lien which met the criteria for discharge. A year and a half later, I was still wondering if it actually was discharged. The status on my credit reports still just says filed, and I decided to let that be, and not fight to have it updated to satisfied, (I tried once, and it came back verified) because it is due to fall off next year.

    Anyway, I filed my taxes in Feb., and what a surprise to actually get a refund. They've been keeping my refunds for years, so this was a first. I'm now assuming that somewhere in their system I no longer owe money and the debt has been discharged.

    Does MD actually place a lien on a vehicle for income taxes?

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    • #3
      Hi again,

      The only reason to file the federal extension is that in the state of Maryland when you file a federal extension a state one is automatically filed once you have filed a federal one. I guess if I go get them done by a professional than they can just do an extension for Maryland.

      Yes, they place a lien on vehicles. In fact, I paid an attorney $900 who wrote one paragraph to the state of MD with my long letter regarding my illness and how I need my car to get to doctors visits and to get my son to school and back just to get my tags renewed. The attorney really took me for a ride. In any case, Maryland also didn't allow me to renew one of my professional licenses. I had another professional license that meant a lot to me that I was sure that wouldn't allow me to renew so I didn't bother and come to find out it actually went under their radar. Now one of the licenses I worked so hard for is gone.

      I'm wondering if I should just file both and see what happens? If they keep my refund than they should definitely release the lien because it would be for more than what the car is worth.

      Thanks!
      Hope

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      • #4
        In many of the states, if you file an Federal extension it is viewed as having a state extension - As long as you don't owe any state income tax. If you owe the state when you actually file your taxes,the extension is considered invalid.

        Also, if you do the owe the IRS, try to send something in with the extension to lessen the late payment penalties later. You can do the Federal extension yourself - form 4868 - the instructions and forms are on the IRS.gov website.

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