The three timing rules
Income tax can be discharged only if the return was last due, including extensions, more than three years before you file bankruptcy. If the return was filed late, it must have been filed more than two years before you file bankruptcy. The tax must have been assessed more than 240 days before you file bankruptcy. The IRS does not treat a return filed within its 7 day grace period as late for this test.
What pauses the clocks
These waiting periods are paused while collection is barred by a hearing request and appeal, during a prior bankruptcy, or while a confirmed plan blocks collection, plus 90 days. The 240 days are also paused while an offer in compromise on that tax is pending or in effect, plus 30 days. The IRS says the two-year period for late returns is also paused during a prior bankruptcy. The IRS says a disaster or emergency postponement of the filing deadline does not change these bankruptcy time periods.
Taxes the timing rules cannot fix
Tax for a year with no return filed cannot be discharged. A return the IRS prepares for you, called a substitute for return, does not count as your return. The IRS position is that if you file after it assessed a substitute for return, only tax that was not already assessed can be discharged. Courts disagree about late returns, and some hold that tax on a return filed even one day late cannot be discharged. Tax on a fraudulent return, or tax you willfully tried to evade, cannot be discharged. Trust fund taxes and the trust fund recovery penalty are not discharged.
Penalties and interest
A tax penalty for an event more than three years before you file bankruptcy can be discharged, even if the tax cannot. Interest on a tax that cannot be discharged is not discharged either.
Sources
- 11 U.S.C. § 507 (priorities)
- 11 U.S.C. § 523 (exceptions to discharge)
- Internal Revenue Manual 5.9.17, Closing a Bankruptcy Case
- Internal Revenue Manual 5.9.13, Manual Proofs of Claim and Common Claim Issues
Checked October 26, 2026.