Can I keep certain types of tax debts when filing for bankruptcy?
Yes, you can keep certain types of tax debts when filing for bankruptcy in Virginia. Tax debts are generally considered priority debts, meaning they must be paid back before other debts. This means that if you file for bankruptcy, the tax debt will still have to be paid, even after any other debts have been discharged. Your ability to discharge tax debts through bankruptcy, however, will depend on the type of taxes they are and how long ago they were due. Some common types of taxes that can be discharged in a bankruptcy case include unpaid federal income taxes that were due at least three years ago, unpaid state income taxes that were due at least two years ago, and unpaid employment taxes that were due at least three years ago. Other taxes, such as taxes for trust funds, estate taxes, inheritance taxes, and past-due child support, are not typically dischargeable. Additionally, taxes due from recent years are not dischargeable either. If the tax debt is dischargeable, it is important to list the tax debt in your bankruptcy paperwork accurately, as failure to do so could result in the court denying you a discharge of the debt.
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