Question for Means Test B22A #10

[so-beyond-broke]

Hello -

Did anyone who received their tax refund include this money on the line 10 stating to list "Income from all sources?" My tax refund is spent and gone but most of it was due to the EITC and child tax credits. Should I list just the portion I received from the federal withholding? If I do the means test asks that you list gross wages which would be before taxes - so I already paid taxes and received what I overpaid. If this money was all counted into the six month average we are then suppose to multiply this by 12 so my income tax refund would seem to inflate my annualized income. I am still way below the median for a family of 5 in NY. Any thoughts?

Thanks,
sbb

[aa06a47]

It wasn't included in mine. My attorney just asked if I had already received a tax refund, I said yes, it is spent, she said good...and that was that.

[time4cake]

Federal tax refunds are not income if they are derived from withholding or estimates paid directly. You are only receiving money back you previously had deducted from your paycheck, and presumably you started the means test using your gross wages, not your net wages.

However, the portion attributable to tax credits may be handled differently. I can not quote the bankruptcy law here, but I would believe that "Tax Credits" are income.

Good Luck.