Can You File Bankruptcy if You Haven't Filed Tax Returns?

The consequences of not filing your tax returns can be dire, but what if you haven’t filed and need to file for bankruptcy? Can you file if you haven’t filed your tax returns? The short answer is yes; however, there are certain criteria that must be met before a court will allow the bankruptcy to proceed. Generally, it is expected that all tax returns have been filed or that appropriate steps are being taken to rectify past due filings such as entering into an installment agreement with the IRS. If no efforts have been made to file or pay taxes then it may be difficult for a court to approve the bankruptcy petition.

When filing for bankruptcy without having previously filed taxes, debtors should provide any information they do have regarding their income and assets over the past few years in order to ensure accuracy when determining dischargeability of certain debts.

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