Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Another owing taxes while in a 13 question...

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  • Another owing taxes while in a 13 question...

    I saw someone else posted about owing taxes while in a 13, and we're in the same boat. I though my husband changed his tax withholdings and somehow it never happened. He occasionally gets overtime and on-call pay and we don't get copies of his pay stubs (he can look online but doesn't get a hard copy) so I never really noticed. Just was doing our taxes and not having the withholdings changed, along with this year not having the tax deduction for the interest on our home, has us owing a pretty big chunk of change (about $2000 to federal and $1000 to state if I did things right). We do NOT have the IRS as a creditor on our bk, but we're definitely in a pickle!!!

    I've got an email into the attorney's office but am curious if owing taxes is ALWAYS grounds for dismissal (even if I can get a family member to pay the taxes since I'm guessing the IRS won't take payment arrangements during a 13)?

    Finally, after almost 20 months of paying, we get our case confirmed - if we get dismissed now for this I don't know what we'll do!

    Anyone have any experience with this in AZ (Maney is our trustee).

  • #2
    you should be able to set up a payment plan with the IRS - in our case, they made a formal payment plan or sometimes they will only do an informal one in the case of a Chapter 13 - basically, pay in to reduce the tax debt as you are able. The debt isn't going anywhere and the IRS will not refuse funds paid to them is what I was told.
    Chapter 13 - 22 months left!
    100% to unsecured
    $1580 per month!
    plam modified $875 per month!!!!!!!


    • #3
      Debts incurred after you file Chapter 13 are your own debts. IRS taxes or state taxes due are your responsibility. If you do not have previous IRS taxes included in your Plan and are being paid back to the IRS via your Plan, you will be able to set up a payment plan with the IRS. Advise them you are in an active Chapter 13 and set up a monthly payment you can afford. If you do have previous IRS taxes includedf in your Plan, the IRS will not allow you to set up a payment plan as it considers a Chapter 13 with payments being made to the IRS for prevoiusly owed taxes as a payment plan. As Sharina states above, under those circumstances (happened with us), you will be allowed to send in what you can afford each minth to pay off the balance owed and you will incur interest and penalties on the amount owed. A call to the IRS will set you straight with all this but remember its your responsibility as it is new debt after your bankruptcy filing.
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"


      • #4
        Oh, another thing to worry about

        Chapter 13 filed one week ago after car repo. Documents all turned in, atty meeting done, papers signed, told I would get notice of 341, told to make first payment to trustee by 11/20. Today I get home and there's a letter from IRS saying I didn't file 2005 taxes. Searched my paperwork found 2004, 2006,2007, etc but no 2005. No excuse, I screwed up. Also got letter from BK court with 11/30/10 date for 341 and a notice of deficiency for items I turned into atty such as current income , and for things called summary of schedules (form 6) and schedules A-J, which I dont know what those are and I'll call atty in morning, am sure those will be turned in, they just filed quickly because of the repo. Anyways, based on my current income and taxes of last few years, I don't think 2005 taxes would be over 300 to 500 dollars, and arent in my plan so would just like to get it paid if possible before 341. What do I tell atty? How do I file the missed year with no 2005 forms or W2s but have report of wages and withholdings sent with IRS letter. I dont want this to cause the Bk to be denied or increase my payments because atty wants to add to the BK plan. I didnt intentionally withhold the debt, I didnt know I had missed it until IRS was notified of Bk and notified me. I got car back this week, dont want to lose it again


        • #5
          I have a similar situation as the OP - I am filing my Chapter 13 now and will owe about $15,000 to IRS & State for prior year tax returns. However, I KNOW I am going to owe money for the State as my employer kept my exemptions at 9 (and I cannot change online). I do not think I can include this debt in the bankruptcy since it is current year, correct? I would estimate it will be over $1,000.00 -- which sucks because for the first time I would be getting a refund from the IRS but they are going to hold it, if not, I would use that money to give to the State. Any suggestions??
          Chapter 13 Filed November 10, 2010 Indiana - Southern District - United States Seventh Circuit
          Attended 341 hearing 12/15/2010


          • #6
            Originally posted by FishersMike View Post
            I have a similar situation as the OP - I am filing my Chapter 13 now and will owe about $15,000 to IRS & State for prior year tax returns. However, I KNOW I am going to owe money for the State as my employer kept my exemptions at 9 (and I cannot change online). I do not think I can include this debt in the bankruptcy since it is current year, correct? I would estimate it will be over $1,000.00 -- which sucks because for the first time I would be getting a refund from the IRS but they are going to hold it, if not, I would use that money to give to the State. Any suggestions??
            Best thing you can do is prepare for it. it isn't gonna be a surprise when the bill comes next spring. talk to your attorney and see what they advise
            Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
            The rebuilding begins


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