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?
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.
Steven A. Leahy
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Social Security Lawyers
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.
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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 Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.
Simplest solution -- file a zero return and continue moving forward with your fresh start.
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