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When you file bankruptcy can you include back taxes?

Author

Andrew Campbell

Updated on February 03, 2026

Tax debt in Chapter 13 bankruptcy If you file for Chapter 13 bankruptcy where the court trustee arranges a partial repayment plan, then your tax debt will be included in the plan. If it meets the five criteria listed above, then it will be deemed a “nonpriority debt.”

Does Chapter 7 get rid of IRS debt?

Most tax debts won’t be wiped out by Chapter 7 bankruptcy, but some older tax obligations might. Typically, you can’t eliminate income tax liability by filing for Chapter 7 bankruptcy, but an exception exists.

What debt Cannot be included in a bankruptcy?

Some of the most common debts that you cannot get rid of in bankruptcy are debts from child or spousal support, most student loans, most tax debts, wages you owe people who worked for you, damages for personal injury you caused when driving while intoxicated, debts to government agencies for fines or penalties, and …

Can you file bankruptcy if you owe back taxes to the IRS?

You can file for bankruptcy no matter what kind of debt you owe, even if it’s back taxes to the IRS. In fact, like most debts, bankruptcy may provide you with a way out of your tax debt problems. The information below can help you understand what happens to tax debt when you file for bankruptcy.

How long do you have to pay the IRS if you file bankruptcy?

You’ll propose a plan to pay your IRS debt (along with your other debts) over a three- to five-year period. You’ll still get the benefit of discharging your older unsecured IRS debt, and your nondischargeable debt will get paid in full. If the IRS has filed a tax lien, your case gets a little more complicated.

How does a bankruptcy case help the IRS?

A bankruptcy case can wipe out (discharge) older income tax debt that meets qualification guidelines. It can also give you a way to pay back recently assessed taxes at a payment amount lower than what the IRS would offer. In this article, you’ll learn more about how bankruptcy can help with your IRS debt.

Can a federal tax debt be discharged in bankruptcy?

In fact, both federal and state tax debt can be discharged during bankruptcy. What happens to your tax debt depends on your financial situation and the type of bankruptcy that you file.