BANKRUPTCY AND TAXES

Asked over 2 years ago - Chandler, AZ

DO I HAVE TO FILE MY TAXES FOR THIS YEAR IF I DIDN'T MAKE ENOUGH?THE TRUSTEE SAYS EVERYONE HAS TO TURN THEM OVER TO HIM.DO I HAVE TO FILE ANYWAYS?

Attorney answers (5)

  1. Curtis Lamar Harrington Jr

    Contributor Level 20

    18

    Lawyers agree

    Answered . Why not file a $0 return. Fill it out truthfully. Mail it. Get proof of delivery. You may need to prove that you filed for other reasons. The act of filing covers a lot of bases that an affidavit may fall short on. What if the bankruptcy filing is delayed, or what if you do a chapter 20 later on ? A question may arise "did they file ALL their returns for the last 5 - 10 years? Why have a missing spoke with an odd sized, open and perhaps ambiguous patch (Affidavit)?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  2. Paula Brown Sinclair

    Contributor Level 20

    17

    Lawyers agree

    Answered . Your bankruptcy trustee can't supersede the law and require you to file returns that the taxing authorities do not require. It sounds like you are responding to a general instruction issued by the trustee to all debtos, and not to information responding to your specific concern. Even though you don't think you have enough income to require filing, you might consider doing so anyway if you are entitled to any "refundable" credits such as earned income credit.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Scott L Greeves

    Contributor Level 11

    14

    Lawyers agree

    Answered . Simplest solution -- file a zero return and continue moving forward with your fresh start.

    Mr. Greeves is licensed to practice law throughout the state of Arizona. His office is in Tempe. He is authorized... more
  4. Steven Anderson Leahy

    Pro

    Contributor Level 17

    15

    Lawyers agree

    Answered . If you are not required to file your tax return you may be able to submit an affidavit to that effect to the Trustee. Sometimes this will work, it depends on the Trustee. But if you are not required to file, there is no benefit to the Trustee that you do so.

    I hope this helps.
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  5. Christopher Michael Larson

    Contributor Level 19

    14

    Lawyers agree

    Answered . There is rarely a good reason for not filing a return, even if you make too little. You could even be passing up a few hundred dollars in credits.

    Christopher Larson
    Insight Law
    www.insightlawfirm.com

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