The Three Rules
The return must have been due at least three years before the bankruptcy filing. The return must have been actually filed at least two years before. The tax must have been assessed at least 240 days before. All three must be met. Trust fund taxes are never dischargeable.
Timing Is Everything
Filing too early means the tax debt survives the bankruptcy. Filing too late wastes time you could have spent on other resolution options. A combined analysis by a tax attorney and bankruptcy attorney ensures optimal timing.
Bankruptcy is not always the answer, but when the timing rules are met, it provides a fresh start no other option can match.