New Jersey Bankruptcy Attorneys
Filing Income Taxes and Tax Refunds in Bankruptcy
The debtor is required to provide to the trustee copies of their last filed federal income tax return. Also, the debtor must provide their attorney, their last five years' Federal and New Jersey State income returns.
Chapter 7
Although this page does not explain which taxes may be eliminated or discharged, under certain criteria, certain Federal and/or State taxes may be eliminated. These matters are explained in separate portion of the website. In the event that a tax is not discharged, the debtor still owes the tax liability to the New Jersey State Division of Taxation and/or the Internal Revenue Service, after the bankruptcy case is resolved.
Any New Jersey State tax refund and/or federal tax refund that is due to the debtor, prior to the bankruptcy filing, is an asset of the bankruptcy estate. In other words, a refund is the same as cash in the bank. If a debtor can completely exempt the tax refund, the debtor may keep the entire refund. However, any portion of the refund that is unexempt, the trustee may recover for the benefit of the creditors. Please note that it is unusual for the trustee to recover any portion of a debtor's refund.
If the debtor owes a tax liability to the State of New Jersey and/or Internal Revenue Service and the debtor is due a tax refund, the taxing authority may intercept and keep the funds, in the amount of the tax liability. This is called a setoff. However, if it is determined that the taxes may be eliminated or discharged, the taxing authority may not intercept the funds.
Chapter 13
Similar to a Chapter 7, the debtor must provide the bankruptcy attorney with the prior five years of New Jersey State and Federal income tax returns. As with a Chapter 7, any tax refund that is due prior to the filing is an asset of the bankruptcy estate. Therefore, the debtor may apply his exemptions towards the amount of the refund. Although, unusual, any portion of the refund that the debtor is unable to exempt, must be paid to the creditors through the bankruptcy plan.
If the total amount of the refund is exempt, the debtor may receive the refund during the chapter 13 bankruptcy case, unless the debtor owes a certain type of tax liability that may not be eliminated. Under this scenario, the taxing authority may intercept the portion of the refund that is due, to the extent that the liability may not be eliminated. Any additional funds will be returned to the debtor.
If the chapter 13 bankruptcy plan includes a payment to the IRS or State of New Jersey for a tax liability and the taxes are intercepted and paid, from the refund, the debtor should modify their bankruptcy plan to reflect this change.
A trustee may consider, as additional income a tax refund received in the year prior to the filing. In other words, a trustee may add as additional income for the present year, the prior year's tax refund by dividing the total refund by twelve. This change in income should be reflected on the debtor's schedules.
Contact a New Jersey Bankrupty Law Firm
If you have questions about the status of your state or federal income tax returns, contact New Jersey bankruptcy law firm, The Law Offices of Robert Manchel. We have helped thousands of individuals and families through the NJ bankruptcy process. Call today for a free consultation at 866-503-5655.