The paralegal working my case asked me if I want to hold off filing until January so that my 2009 taxes could get discharged. I told her I thought that I would have to wait until April 15th and she said it goes by calendar year. I owe about 5k for 2009. I would only have to wait another couple of months to file. (was planning to file in October). I thought there was a three year rule? I wonder if she thinks I filed in jan of 2010 not April. Can someone help me understand the IRS rules?
-
-
Your paralegal is wrong. If you filed your 2009 taxes by the 4/15/2010 deadline, the earliest you could discharge would be 4/15/2013. If you filed with an extension, the earliest you could discharge them would be 10/15/2013, even if you filed them earlier than the extension deadline.
Here's HHM's fine primer on discharging federal taxes:
-
That's what I thought too.Comment
-
If you file around Jan 15th, your earliest possible discharge would be April 15th, making them dischargeable, right?Comment
-
Nope. . . must FILE 3 full years after the tax first became due. Even 1st responding post is not quite correct. Must file 4/16 not 4/15 or 10/16 not 10/15.Originally posted by kawh View Post
Des.Comment
-
Thank you for the clarification! I didn't want to wait until January anyway. Now I don't need to...Comment
-
Is there some reason you can't wait until April? If it were me, I'd wait if it meant discharging a $5,000 tax debt and there was nothing pushing me to file right away. Only you know what's best for you. But, give it some thought.Originally posted by ld2366eh View PostLadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
-
My husband gets a bonus every March. Good chance that could throw it into a 13. Plus the mortgage will be beyond redemption by then. Too many unknowns...Comment
Comment