"Irs Statute Of Limitations 6 Years" Discussion

Upsolve Community Member
The article https://upsolve.org/learn/irs-debt-and-bankruptcy states "The income tax debt must be at least three years old" and has some other important details you might want to read about. 

Upsolve Community Member
The debt was for 2018 taxes. I just got the IRS letter on 12/5/2021 notifying me of the taxes.

Upsolve Community Member
What I'm trying to determine are the "dates". Since these were 2018 taxes and it's now 2021 does that mean they meet the three-year-old stipulation?

Upsolve Community Member
There are so many IRS and bankruptcy regulations, I couldn't give you a definitive answer on that. 2021-2018 is 3. But, the Upsolve article mentions that lawyers also argue about the day, not only the year.  "Note that Tax Day is not always April 15. Some years, it's April 16th, 17th, or even 18th. IRS lawyers have been known to object to discharge over one or two days. So, make sure you file the petition on the correct day or else you'll have to start over." I also know that debt that's not listed in bankruptcy doesn't have a chance of getting discharged. It might be in your interest to find out the exact day that the 2018 tax debt was incurred. You could always (painfully) call the IRS and ask.  There are other concerns mentioned in the article.

Upsolve Community Member
Jacqueline is right - it's not as simple as looking at the year the taxes are owed for and the current year. There are a LOT of moving parts. What I can tell you is that the earliest a tax debt for the year 2018 will be dischargeable is in 2022. 

Upsolve Community Member
Unemployment overpayment can be eliminated in bankruptcy. 

Upsolve Community Member
You can learn more about unemployment overpayment here! https://upsolve.org/learn/unemployment-overpayment/ Really glad you asked! 

Upsolve Community Member
Check back here after reading and let me know if you have more questions! I'd love to help however I can! 

Upsolve Community Member
If you have IRS tax debt, things get a little trickier. This article https://upsolve.org/learn/irs-debt-and-bankruptcy/ is worth reading if you owe back taxes. 

Upsolve Community Member
Hi Susan, will you please clarify your question? Here is an Upsolve Learning article describing the role of the Trustee: https://upsolve.org/learn/what-is-a-bankruptcy-trustee/ It varies as to what documents the Trustee will ask the filer to provide -- typically paystubs and prior-year tax returns, but can include social security info. Good luck on your 341 Meeting! :-)

Upsolve Community Member
I didn't have any earnings or employment other than social security, so I didn't owe any taxes.  I turned in the declaration of unemployment and no taxes filed due to no requirement due to no income.  1.  Should I turn in an  IRS transaction statement that shows the income was no more than social security?    2.  Should I turn in the full earned income statement from the Social Security that shows my entire life earnings and medicare payments?  Are these records then of public record?

Upsolve Community Member
Your "Mail the Trustee" section will include documents that are usually requested- the trustee may ask for more documentation, depending on the circumtances

Upsolve Community Member
Susan, there are parts of your bankruptcy records that are private, such as your social security number. The article https://upsolve.org/learn/are-bankruptcies-public-records/ explains the different types of private and public records during bankruptcy. 

Upsolve Community Member
Great question! Upsolve doesn't help with filing tax returns- but I'm curious to hear if anyone else here has suggestions that have worked well for them in the past? 

Upsolve Community Member
The IRS has a free filing option on https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free but -- since the last day to file 2020 taxes even with an extension has passed already -- it can't be used for 2020 or older... 

Upsolve Community Member
This Upsolve article might help answer some of your questions: https://upsolve.org/learn/irs-debt-and-bankruptcy/

Upsolve Community Member
Hope that article helps! Thanks so much for asking 

Upsolve Community Member
Please ask any follow up questions you have if you read that and would like to know more!