What Are the Guidelines for Filing Taxes If I Filed for Bankruptcy This Tax Year?
- Filing your taxes on time is even more important if you filed for bankruptcy this year. As of 2011, the IRS can request that the court dismiss your bankruptcy or convert it to a different type of bankruptcy (i.e. Chapter 13 instead of Chapter 7.) You must file taxes within 90 days of the IRS contacting the court, or your case will automatically be dismissed or converted to another type of bankruptcy.
- You must have filed taxes for the last four years prior to filing for Chapter 13. If you have not done so, you must do it before the date of your first meeting of creditors. You may request an additional 120 days after filing your bankruptcy petition to get caught up with your taxes. If you do not file all required taxes before the date of your first meeting with creditors, your Chapter 13 may be converted to a Chapter 7 bankruptcy or be dismissed.
- If you file Chapter 7 bankruptcy, file Form 1040 and list all income and expenses for the year. Your bankruptcy trustee will file Form 1041 and pay all taxes on your bankruptcy estate. If you file Chapter 13, you are still responsible for your bankruptcy estate. File Form 1040 but do not claim any canceled debts as income. However, report any losses or credits to your property that occur due to filing Chapter 13 bankruptcy.
- If you filed for Chapter 7 bankruptcy this year, you may have the opportunity to end your tax year on the date of your bankruptcy and file a return for that year as well as for the rest of the year, beginning on your bankruptcy date and going through the end of the regular year. You can only do this if you have non-exempt property in your bankruptcy estate. Doing this allows you to transfer your pre-bankruptcy taxes to your estate, which requires your trustee to pay them.