QUESTION
After filing a Bankruptcy Chapter 13, how long do you have to wait before filing your current taxes to avoid a tax offset?
Asked on Mar 05th, 2013 on Bankruptcy - Minnesota
5 ANSWERS
Bankruptcy Law Attorney serving Ogden, UT
at
Richards & Godfrey, P.C.
Update Your Profile
Once the bankruptcy is filed, you have an obligation to be current on all tax filings. You will get an objection to confirmation from the IRS and/or the State, based on your non-filing. You have to file the returns for all years that you have not in order to resolve the objection. You don't get to keep all of your tax refunds in a chapter 13 case anyway, at least not in Utah.
Answered on Mar 06th, 2013 at 2:27 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
You should consult a North Carolina lawyer about state taxes. As to the federal ones, if they are entitled to a setoff, they can probably try to take it any time. Whether or not they are entitled depends upon whether the federal income taxes were discharged, which is actually a fairly complicated question. Consult your bankruptcy lawyer. If he or she does not know, find someone who knows.
Answered on Mar 06th, 2013 at 2:27 PM
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
Update Your Profile
Please talk to your chapter 13 attorney.
Answered on Mar 06th, 2013 at 2:26 PM
Samuel Lee Tucker
You can file return immediately after confirmation . Just be sure to provide for the tax debt in your plan.
Answered on Mar 06th, 2013 at 2:43 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
at
Gregory J. Wald
Update Your Profile
The date of filing of your income tax returns is irrelevant. It is the date of filing your bankruptcy petition that decides whether or not the IRS can offset the refund.
Answered on Mar 06th, 2013 at 2:24 AM