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Absolutely not.

Even in the BKs with the highest powered of lawyers...and Corporations....the last things done before filing BK is pay the sales and withholding taxes!

In most all states or taxing jurisdictions, (with California being one large notable exception), these are not taxes on "you", but money the business collects from others (customers or employees) on behalf of the State. They are trust funds....they not only won't ever be discharged....they carry direct, pierce any corporate shield, to the officers and involved parties, responsibility. Better take care of them one way or another ASAP. In the few places they may be legally considered the responsibility of the vendor, they may be discharged in the BK, (as situational as anything else), and would be a priorty claim and even allowed an extended bar date for filing a proof of claim.

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14y ago
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11y ago

Almost never. Sales taxes and payroll taxes are not taxes on the company, but are monies held in trust by the company for the government or the customer/employee, who actually pays it. These trust fund monies the oficers of the company are personally liable for, and virtually all governments will act fairly quickly in the BK process, to assure they have been paid over in full, or they will attach the homes and assets of the officers...and really almost anyone they can find...to get payment.

It is nothing to mess around with. Criminal charges for those who allowed their loss are also possible, as not turning them over and using them for other reasons is considered theft of funds that are, and never were, the companies.

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Q: Will bankruptcy discharge a business sales tax?
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Will Chapter 7 Bankruptcy discharge New Mexico gross receipts tax?

no


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