can your income tax refund be saved if you file bankruptcy prior to filing the tax return
Asked on Apr 11th, 2013 on Bankruptcy - West Virginia
More details to this question:
I have 2 diffrent states WV and IN that have captures on my tax refunds,these back taxes are years old I have been paying WV but was unaware till recently of the Indiana state tax lien.
Yes, if I understand your question correctly, if the underlying tax debts owed on the back taxes are dischargeable in your bankruptcy case (see how tax dischargeability is determined) then by filing your bankruptcy prior to filing your tax returns, you may be able to protect any refunds you have coming from current taxes.
However, in order to protect those refunds, you must have sufficient exemptions available under applicable state law and then take those exemptions in your bankruptcy case.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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