Free · 60 seconds · No obligation

Find out whether your IRS debt qualifies for discharge.

Federal bankruptcy law contains specific provisions that allow certain tax debts to be wiped out, but the eligibility windows are narrow and easy to miss. This is a 6-question check against the actual rules.

100% confidential Free attorney review if eligible Result in about a minute
How it works

Three steps from uncertain to clear.

No legal jargon. No long forms. No pressure. A real read on where you stand under federal bankruptcy law.

Step 01

Answer six questions

Plain English, mobile-friendly, one at a time. Roughly sixty seconds start to finish.

Step 02

Get a preliminary read

Your answers are matched against the actual legal criteria for IRS debt discharge, not a generic disclaimer.

Step 03

Talk it through, free

If your situation shows real potential, schedule a no-cost call with my team to review the full picture.

Eligibility check

Answer six questions about your situation.

Every response is confidential and used only to assess your eligibility under federal bankruptcy law.

Question 1 of 6
The rules

What federal law actually says about IRS debt discharge.

Six conditions determine whether tax debt can be wiped out in bankruptcy. Most people only need to know they exist. The assessment handles the rest.

Rule 01

The debt must be at least 3 years old.

Federal income tax debt may be dischargeable if the original return was due at least three years before you file for bankruptcy. The clock is running whether you know it or not.

Rule 02

The return must have been on file for 2 years.

The return itself has to have been filed at least two years before bankruptcy. Late returns can still qualify; returns that were never filed can permanently block discharge.

Rule 03

The IRS must have assessed the debt 240 days before filing.

An offer in compromise, an installment agreement, or other tolling events can pause this clock and reset your wait.

Rule 04

Fraud or willful evasion is a permanent bar.

Tax debt that arose from fraud or willful evasion is non-dischargeable, regardless of when you file. This is a hard wall, not a timing question.

Rule 05

Not every kind of tax qualifies.

Federal income tax is the most commonly dischargeable. Payroll taxes and trust fund penalties generally are not. State and local taxes follow different rules.

Rule 06

Active collection changes the urgency.

An IRS lien, levy, or wage garnishment changes both your urgency and your options. Filing bankruptcy triggers an automatic stay that halts most collection action, often the same day.

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Client reviews

What clients say about working with our team.

Real reviews from past clients across South Florida. Florida's most-reviewed bankruptcy law firm, with a 4.8-star rating and over 1,200 reviews.

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"I just successfully completed my Chapter 7 Bankruptcy and highly recommend Van Horn Law Group. Every member of this team is wonderful, helpful, professional, and highly knowledgeable."

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"Our experience with Van Horn Law Group has been nothing short of exceptional, thanks to the incredible support we received from the team. They made the process far more manageable and less daunting."

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"From my initial phone call to inquire about bankruptcy to working with the team, everyone has been professional, kind, patient, and knowledgeable."

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About

Chad Van Horn, Esq.

I founded Van Horn Law Group because I saw too many people making life changing financial decisions without clear, trustworthy legal guidance. Tax debt, IRS collections, liens, and wage garnishments can feel overwhelming, but the right plan can create a real path forward.

For more than a decade, I have helped individuals, families, and business owners resolve tax and debt problems through practical legal solutions. Today, I lead one of South Florida's largest debt resolution and bankruptcy firms and am double board certified in consumer and business bankruptcy law.

My approach is simple. I take the time to understand your situation, explain your options clearly, and help you make the best decision for your future. If we can help, we will show you how. If we cannot, we will point you in the right direction.

Double board certified

Consumer and business bankruptcy. One of only a small group of attorneys in Florida holding both certifications.

Practical legal solutions

Chapter 7, Chapter 13, and tax resolution strategies for individuals, families, and business owners.

More than a decade of work

Years of helping South Florida clients resolve IRS collections, garnishments, liens, and overwhelming debt.

FAQ

Common questions.

Yes, under specific conditions. Federal income tax debt can be discharged in Chapter 7 or Chapter 13 if four criteria are met simultaneously: the return was due at least 3 years ago, the return was filed at least 2 years ago, the IRS assessed the debt at least 240 days before filing, and there is no fraud or willful evasion. All four must align at the same time, which is why timing matters.
Late-filed returns can still qualify, but they must have been filed at least two years before your bankruptcy filing and the 240-day assessment clock must also have run. Returns that were never filed are harder to discharge, but filing them now could start the eligibility clock.
Chapter 13 is still a powerful option. It lets you repay priority tax debt over a 3 to 5 year plan without penalties and interest continuing to pile up, and in some cases non-priority tax debt can still be discharged at the end of the plan. It also stops all IRS collection action immediately upon filing.
Yes. The moment a bankruptcy case is filed, an automatic stay goes into effect. This is a federal court order that halts most IRS collection actions, including wage garnishments, bank levies, and new lien filings. This relief is often same-day.
Yes. The review is free because people should understand their options before making any legal or financial decision. You'll speak with a licensed attorney, not a salesperson. If we can help, we'll explain how. If not, we'll tell you that. Zero obligation to retain after the call.
It depends. In urgent cases, where garnishment or levy is active, we can sometimes file within days of the initial call. In cases where eligibility windows still need to open, we'll map out the exact timeline and advise on how to protect your position in the meantime.
Generally non-dischargeable: payroll taxes and trust fund penalties, tax debts from fraud or willful evasion, and income tax debt that doesn't yet meet the 3-year, 2-year, or 240-day thresholds. Some state and local taxes follow different rules. A full review will identify exactly which category your debt falls into.
More assessments

Other situations I help with.

The same plain-English, no-pressure approach applies to every kind of debt and financial challenge.

Take the next step

Stop guessing about your IRS debt. Get a real answer.

The check is free, takes about a minute, and is completely confidential. If your situation shows potential, we'll review the full picture with you at no cost, no obligation.

Start the eligibility check

The results generated by this tool are preliminary and do not constitute legal advice. Final eligibility for tax debt discharge depends on a complete case review by a licensed attorney and the specific facts of your situation. Individual results described on this page are not guarantees of similar outcomes. Chad Van Horn and Van Horn Law Group are debt relief agencies. We help people file for bankruptcy relief under the Bankruptcy Code. This is an advertisement as required by Florida law.