Short Year Tax Election when Filing Chapter 7 or Chapter 11 Bankruptcy

Kent Anderson

Written by  Pro

Bankruptcy Attorney

Contributor Level 10

Posted over 5 years ago. 4 helpful votes



A Proceeding Must Be Filed under Chapter 7 or Chapter 11.

A short year tax election is only permitted when the debtor has filed under either Chapter 7 or Chapter 11 of the bankruptcy code. The bankruptcy estate created by the case filing must have assets.


Only a Person Can Make the Short Year Election

A single, individual debtor or a married couple filing a joint bankruptcy petition is permitted to make the election if other requirements are met.


The Election Must Be Made in a Timely Manner

The election must be in writing and filed with with IRS by the 15th day of the fourth month following the month in which the bankruptcy was filed.

Additional Resources

The Internal Revenue Service publishes a Bankruptcy Tax Guide, Publication 908, that contains a great deal of useful information on various tax matters related to bankruptcy proceedings. There are several articles on the "short year election" published on This guide is intended as a general discussion of the topic and is not legal advice. It is not intended to form an attorney and client relationship with the reader and no such relationship will be established without further discussion, the payment of a fee, a conflict check and the execution of a written legal services agreement. I am classified by federal law as a debt relief agency and have been proudly filing bankrutpcy cases for consumers for more than 30 years.

IRS Publication 908

Bankruptcy Law Network

Kent Anderson Tax and Bankruptcy Blog

Rate this guide

Related Questions

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,936 answers this week

2,945 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,936 answers this week

2,945 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary