Tax resolution

Understand the tax records behind a major financial decision.

We discuss tax and financial circumstances with clients who are considering bankruptcy.

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Craig L. Elggren, CPA, PC · Gilbert, Arizona

Two folders with cards clipped to them, joined by a line through a copper marker.
Illustration

Considering bankruptcy raises accounting, tax and legal questions that should be kept clear. The tax conversation starts with the amounts and periods involved, the returns already filed and the financial records available. A qualified bankruptcy attorney should advise on legal eligibility, filings and the consequences of a particular course of action.

At a glance

Tax history and legal analysis answer different questions

Tax history

Returns, dates, account entries and notices

Legal analysis

Counsel evaluates the proceeding and particular obligations

An organized tax history informs counsel's review. This comparison does not predict discharge or select a bankruptcy chapter. Background resource

Organize the tax picture

Prepare a list of tax years, filed and unfiled returns, notices and balances you are trying to understand. Separate recorded information from estimates or questions. If several agencies or types of tax are involved, identify them individually so the discussion does not treat them as one undifferentiated amount.

  • Returns and tax periods involved
  • Notices and stated balances
  • Payments or prior arrangements
  • Questions about missing information

For the wider context, explore tax resolution services. You can also compare help with unfiled tax returns with the questions described here.

Describe the wider financial situation

The service invites a review of financial circumstances, assets, debts and history before making a bankruptcy decision. A concise overview helps establish the context for the accounting work. Include whether a business is involved and whether its records need attention alongside personal information.

Coordinate with legal advice

Bankruptcy strategy and legal representation belong with a qualified attorney. The accounting office can be part of a conversation about financial records and tax questions. If you already have counsel, identify the information they need and the questions you want the tax discussion to address.

Give legal counsel a reliable tax history

Bankruptcy questions require an attorney to assess the legal options. The accounting contribution begins with an organized history of tax returns, assessments, payments and notices. Separate each tax year and tax type rather than combining everything into one debt figure. The IRS Bankruptcy Tax Guide describes different tax rules for different bankruptcy chapters, including filing obligations and the treatment of tax claims. A general rule about old debt cannot establish what will happen in a particular case. Identify the actual records and let counsel evaluate them in the context of the proposed or existing proceeding.

Build a document index for the professionals involved

A useful index names each return, the filing date you can document, the relevant notice and any account information available. Add court documents if a case already exists, along with the attorney's information and requests. Mark uncertain dates as uncertain rather than reconstructing them from memory. Keep an explanation of missing records next to the index. If there are both business and individual tax issues, show which taxpayer each document concerns. This prevents a discussion about one obligation from being confused with a different entity's return or payroll period.

A stack of records beside a copper tray of blank cards.
IllustrationKeep missing facts and open questions alongside the records supplied to the professionals involved.

Example: deciding what needs to be established first

Illustrative example: a person considering bankruptcy knows the approximate tax balance but does not know whether all required returns were filed. The initial accounting question is the filing history. The attorney's question is how that history affects the legal analysis. Obtaining and reconciling records may therefore precede conclusions about the available path. This example does not predict discharge or recommend a chapter. Before the next meeting, write down which facts are confirmed, which documents are requested and which professional will evaluate each open question. Keep current tax work visible alongside the older balances.

Keep an open-items list alongside the records

Write each unresolved question next to the person expected to address it. The accounting question might concern a missing return or an unexplained account entry. The legal question might concern the proposed proceeding and its effect on a particular obligation. Include any request from counsel exactly enough to make clear which period or document is needed. If the figures change after a return is prepared or a record is received, date the update and retain the earlier source. This gives the professionals a traceable factual record and keeps an estimate from quietly becoming the basis for a legal decision.

For tax questions before bankruptcy, see the Gilbert office and service area.

Before we talk

Common questions.

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Does this page say bankruptcy will eliminate my tax debt?

No outcome is assumed. The purpose of the discussion is to organize the tax and financial questions before decisions are made with appropriately qualified advisers.

What if I have not filed all of my returns?

Include the missing years in your outline. Unfiled returns are a separate area of the firm's tax resolution services and may require their own accounting work.

What should I bring to an initial conversation?

Begin with a list of tax years, notices, known balances and the legal or financial decision you are considering. Mention any attorney already working with you.

Contact

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Please leave out tax identifiers, account details, and documents. Provide at least one way to reach you.

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