Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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What is the cutoff date for previous year tax return?

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  • What is the cutoff date for previous year tax return?

    As I understand it, to file for chapter 7 one needs to provide the last 2 years of returns. So if one was filing on January 1, 2019 will 2017 and 2016 returns be sufficient?

    How about February 1?

    Is there a cutoff date when 2016 return will no longer be sufficient and 2018 return along with 2017 return will be required?

    Thank you

  • #2
    No, that would not be sufficient. Bankruptcy requires that you are current with your taxes, and since you would file in 2019, your 2018 taxes would need to be filed before your discharge. The Trustee will insist on this. As for how many years the Trustee will review, is up to the Trustee. Expect that if you file bankruptcy before... April 15, 2019... then you will need to provide your 2016 and 2017 returns as well as file and supply your 2018 return.

    This is especially true in a Chapter 7 where the Trustees are very interested in refunds of tax overpayments!
    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.


    • #3
      The info contained on this website states otherwise.

      Are they wrong?

      Also spoke to 3 different lawyers and all said 2018 will not be necessary.
      One said that the trustee might ask for it, but highly unlikely given the fact that:

      1). Total household income for last two years was 57K and 60K (all of this from my husband), who currently doesn't live with me.
      2). I have no assets, other than $2500 in the bank
      3). The income from my self employment for 2018 is less than 10K.
      4). My husband is not filing for bankruptcy with me (lives separately).
      5) I receive SNAP.
      6). Total refund for the years 2016 and 2017 (from both federal and state) was less than $4,000 for each year.

      Given all this, you still think it will be required in my situation? And the website above is wrong?



      • #4
        I wrote that it is required to be current on taxes at time of filing. Since the tax year would have ended, and the Trustees are very interested in tax "refunds" during this time of year, it is very likely that the Trustee will ask that you file your taxes. However, if you are under the median and you have sufficient exemptions to exempt any "anticipated" tax refund, the Trustee may become disinterested in pursuing your tax refund.

        This is all about the tax refund, and not so much about the tax return. yes, the code does say for the year in which the tax period ended "and" for which a return was filed, but any anticipated or unanticipated refund must be exempted or the Trustee will want the tax return to be both filed and that a copy be provided to the Trustee.

        SNAP does not make a difference when it comes to exemptions. Your non-filing spouse has no bearing except where you may file your tax returns jointly. Your individual (debtor) Income and the amount of assets you have do not have any bearing either. The question is about exempting a tax refund. Trustees love tax refunds; it's simply that time of year.

        If you file your 2018 tax return before filing for bankruptcy, you will absolutely be required to provide your 2017 and 2018 tax returns. There are two competing things here. First, the requirement to provide your most recent tax year which has ended and for which a return was filed, and the Trustee going after any potential tax "refund" that was not exempted.

        Your attorney consults may be correct in that you can exempt any un/anticipated refund and not have this particular Trustee issue.

        I hope that clarifies why I was relatively certainly that a Trustee is likely to be interested in your tax return.
        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.


        • #5
          For the law on this point, see Bankruptcy Code Section 521, subparagraphs (e) & (f):
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


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