What Does One Do if Their Business Goes Bankrupt?

If your business goes bankrupt, you must file for bankruptcy. It is helpful to hire a bankruptcy attorney to help you with the process and ensure you do not miss any important guidelines. When a business files bankruptcy, it may not need to pay creditors but will still be responsible for taxes. However, if you and your business met certain requirements, you may not be responsible for the entire amount.

When To Declare Bankruptcy

When declaring bankruptcy for a business, you must do so at a specific time. Wait at least two years after you file your last business tax return to begin the bankruptcy process. Doing so before the two-year mark means taxes charged under the EIN will not be dischargeable.

Back Taxes

The IRS may allow you to discharge your back taxes if you did not file business tax returns for at least three years. However, you must remember that every bankruptcy case is different, and the IRS will likely be more willing to negotiate if you hire a tax attorney to help you during your case.

Amended Taxes and Audits

If you amended your taxes in the past or were audited, you may need to wait additional time to file for bankruptcy. The reason for this is because you must receive tax assessment 240 days before filing. Because taxes are normally assessed when you file the first return, the audit will extend the time you need wait.


The IRS may waive any penalties for back taxes when you are declaring bankruptcy but will continue to charge interest. In this situation, you will still need to pay the taxes and interest and can do so over a span of five years.

Tax Liens

If your business has a tax lien against it when you file bankruptcy, the IRS may choose to remove it. If they don’t, it may seize assets, even if it discharged taxes.

Do you need more information about filing for an EIN? IRS EIN Tax ID Filing Service provides a 24/7 online application on EIN-IRS-Tax-ID. Check it out to learn more about tax IDs, including obtaining an estate tax ID number.

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