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Changed tax withholdings in CH 13, lowered amount of refunds to send to Trustee

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  • Changed tax withholdings in CH 13, lowered amount of refunds to send to Trustee

    I tried to search for this info, but couldn't find it exactly. I'm sorry if it has already been addressed and will try to keep it short.

    Our ch. 13 filed in Jan 2011 included back taxes for several years. We were advised to make sure our withholdings were adjusted so that we would never owe again. This we gladly did. Not having any idea how it would come out, we apparently overdid it, because for the first time in years, we did get a refund and it was over $5000 for our 2011 taxes. We were told that anything over $1600 we had to send to the trustee, which we did.

    Since we were also told that we should have our withholdings adjusted so that we came out even each year, but not owing. Since our withholdings obviously were too high, we adjusted them after the first year.

    For 2012, we only got back $3000 as a result of the change. Since the amount we sent to the Trustee would be dramatically less than before, and I didn't want to raise any red flags, we did not keep the entire $1600 and ended up sending only about $400 less than 2011 refund. I had planned to do another adjustment, but with 3 surgeries during the year, just never got around to it.

    For 2013, we again got about $3000, but really need to keep our $1600. I will send the rest to them, but it will only be about 1/2 what we sent on the first year. If we send it all, it will again be about the same for the 3rd year. We are only in a 40 month plan which would be about May of 2014. We did have a couple of extensions when I had my surgeries which will increase the # of months, but it will still be our last year to send in our returns.

    Is we keep our $1600 this year, will we have a problem with the Trustee in sending so much less than we did previously? Any advice will be greatly appreciated! And thanks!
    Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
    1% to unsecured creditors
    25 down, 15 to go! Thanks to all for your help here on the Forum!

  • #2
    If the Order Confirming your Plan requires you to send anything over $1,600.00 that is what you do. IMO you could have kept the $1,600.00 from the previous year (assuming the Order provided for such).



    • #3
      Thanks for the response Des. I was hoping that it would be ok. I just didn't know if there would be a problem since we changed the withholdings after a year into the ch 13. That would give the Trustee $1400. I didn't want them to think why it was about $3500 the first year, and now drops to $1400 in the last year. We don't need any problems so close to completing our plan in about 6 months!
      Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
      1% to unsecured creditors
      25 down, 15 to go! Thanks to all for your help here on the Forum!


      • #4
        Has anyone had any experience with changing withholdings after filing? I thought I saw something somewhere on here that you couldn't do that. We had already made the change at that time because we had purposely over withheld to make sure we didn't owe again. That was the one thing the Trustee asked what we were doing to be sure never happened again, owing back taxes. So we told her that we changed everything and should now get a refund each year. Thanks for any assistance. Thanks again Des.
        Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
        1% to unsecured creditors
        25 down, 15 to go! Thanks to all for your help here on the Forum!


        • #5
          Des is well qualified to have answered your question. If your Trustee is not expecting large refunds and it has been calcualted into your Chapter 13, then that is normal and fine to not have an overpayment refunded. The Trustee is just trying to make sure a.) that you don't end up owing taxes during the Chapter 13, and b.) if there is some significant refund, that portion is given to the unsecured creditor pool for distribution.

          You may be over thinking this.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          I am not an attorney. Any advice provided is not legal advice.


          • #6
            Our plan states that we surrender anything over $1,500 in tax refunds to the trustee. Our first year we got a refund of $1,800. We adjusted our withholdings after that so our refunds would not exceed the $1,500 mark. Nothing in our plan states that we could not do that. Ironically we have had to pay the last two years losing both of our dependents. We had to pay $1,700 this year Had to adjust our withholdings again to offset that!
            Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!


            • #7
              It must depend on what your pan states. Our plan forbids us from changing our withholding amount without getting permission from our trustee.
              Filed Ch 13 Feb 9, 2012, 341 meeting Mar 15, 2012, Confirmed Apr 5, 2012
              Anticipated freedom party Apr 2015


              • #8
                Thanks all, I guess I'm just getting paranoid since we're getting to the end of this thing. I do appreciate all the responses. I do know that Des is more than qualified to answer, I have seen his replies on many posts and they are always very informative. Thanks again.
                Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
                1% to unsecured creditors
                25 down, 15 to go! Thanks to all for your help here on the Forum!


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