Tax Researcher
11-15-2008, 01:20 PM
Hello, I filed a ch 7 on April 7th, 2008 and the case was approved/Discharged by the court on June 24th, 2008.
I kept my house out of bankruptcy as I continued to make payments on time and there was not enough equity to be used for the ch7.
Regarding my income tax filings for the 2008 tax year,
I found this info on the Net:
“Responsibilities of the Individual Chapter 7 Debtor
If you filed a Chapter 7 case, you must still file annual income tax returns during the bankruptcy period. However, you would not include income, deductions or credits that belonged to the separate bankruptcy estate.
You also have the option of electing to end your tax year on the day before you filed for bankruptcy. If there is any tax due for that shortened period, it will be treated as a claim against the bankruptcy estate, but it also can be collected from you after the bankruptcy. You must also file a separate return for income earned during the remaining months of the regular tax year. “
Further, TAXACT2008 states: “By dividing the Tax Year into 2 short tax years, it allows the tax due on the short period return to be a claim against the estate”
This explanation is not worded very well so can someone explain this in more detail please?
If my personal income tax for the short year is part of the “separate estate” then, Is my taxable income for all of 2008 now reduced by the timeframe before I filed a ch.7?
Is the Jan-Mar 2008 not included in taxable income for the 2008 calendar year and is only a claim against the “separate estate” ?
Meaning am I now only personally responsible for income tax from July-December? And the “separate estate” is responsible for taxes from Jan-Mar?
I kept my house out of bankruptcy as I continued to make payments on time and there was not enough equity to be used for the ch7.
Regarding my income tax filings for the 2008 tax year,
I found this info on the Net:
“Responsibilities of the Individual Chapter 7 Debtor
If you filed a Chapter 7 case, you must still file annual income tax returns during the bankruptcy period. However, you would not include income, deductions or credits that belonged to the separate bankruptcy estate.
You also have the option of electing to end your tax year on the day before you filed for bankruptcy. If there is any tax due for that shortened period, it will be treated as a claim against the bankruptcy estate, but it also can be collected from you after the bankruptcy. You must also file a separate return for income earned during the remaining months of the regular tax year. “
Further, TAXACT2008 states: “By dividing the Tax Year into 2 short tax years, it allows the tax due on the short period return to be a claim against the estate”
This explanation is not worded very well so can someone explain this in more detail please?
If my personal income tax for the short year is part of the “separate estate” then, Is my taxable income for all of 2008 now reduced by the timeframe before I filed a ch.7?
Is the Jan-Mar 2008 not included in taxable income for the 2008 calendar year and is only a claim against the “separate estate” ?
Meaning am I now only personally responsible for income tax from July-December? And the “separate estate” is responsible for taxes from Jan-Mar?
