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Case: Szczyporski v. Internal Revenue Service (In re
Szczyporski), No. 21-01858 (3d Cir., May 11, 2022).
In a latest case out of the third Circuit, the Court of Appeals
affirmed a ruling emanating from the Bankruptcy Court for the
Eastern District of Pennsylvania discovering that funds owed by
people to the IRS for thus-known as “shared accountability
funds” under the Affordable Care Act (“ACA”) are
taxes entitled to precedence in a chapter case.
The challenge is related for Chapter 13 debtors, as was the case
right here, primarily based on the truth that tax money owed receives a commission earlier than different money owed
in a Chapter 13 plan. Such money owed are usually required to be paid
pursuant to a person’s Chapter 13 plan, whereas different
non-precedence money owed can typically be forgiven or discharged. The
existence of precedence money owed typically have an effect on the required quantity of a
Chapter 13 debtor’s plan cost, and might even forestall a
Chapter 13 debtor from with the ability to affirm a plan the place that
debtor has inadequate earnings to fulfill the required funds -
rendering a debtor’s plan infeasible.
The particular person mandate of the ACA was subsequently eradicated
for people in late 2018, however the principals stay related
with respect to different taxes in Chapter 13 circumstances, in addition to circumstances
introduced underneath Chapter 7 and even particular person chapter 11 circumstances.
The content material of this text is meant to offer a common
information to the subject material. Specialist recommendation needs to be sought
about your particular circumstances.
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