§ 1308. Filing of prepetition tax returns
561 words·~3 min read·
/usc/title-11/section-1308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Not later than the day before the date on which the meeting of the creditors is first scheduled to be held under section 341(a), if the debtor was required to file a tax return under applicable nonbankruptcy law, the debtor shall file with appropriate tax authorities all tax returns for all taxable periods ending during the 4-year period ending on the date of the filing of the petition.
(1)Subject to paragraph (2), if the tax returns required by subsection
(a)have not been filed by the date on which the meeting of creditors is first scheduled to be held under section 341(a), the trustee may hold open that meeting for a reasonable period of time to allow the debtor an additional period of time to file any unfiled returns, but such additional period of time shall not extend beyond—
(A)for any return that is past due as of the date of the filing of the petition, the date that is 120 days after the date of that meeting; or
(B)for any return that is not past due as of the date of the filing of the petition, the later of—
(i)the date that is 120 days after the date of that meeting; or
(ii)the date on which the return is due under the last automatic extension of time for filing that return to which the debtor is entitled, and for which request is timely made, in accordance with applicable nonbankruptcy law.
(2)After notice and a hearing, and order entered before the tolling of any applicable filing period determined under paragraph (1), if the debtor demonstrates by a preponderance of the evidence that the failure to file a return as required under paragraph
(1)is attributable to circumstances beyond the control of the debtor, the court may extend the filing period established by the trustee under paragraph
(1)for—
(A)a period of not more than 30 days for returns described in paragraph (1)(A); and
(B)a period not to extend after the applicable extended due date for a return described in paragraph (1)(B).
(c)For purposes of this section, the term “return” includes a return prepared pursuant to subsection
(a)or
(b)of section 6020 of the Internal Revenue Code of 1986, or a similar State or local law, or a written stipulation to a judgment or a final order entered by a nonbankruptcy tribunal.
(Added Pub. L. 109–8, title VII, § 716(b)(1), Apr. 20, 2005, 119 Stat. 129; amended Pub. L. 111–327, § 2(a)(42), Dec. 22, 2010, 124 Stat. 3562.)
Connections17 cite this · traces to 2
Cited by 17 sections · top 8
IRM
- IRM 5.17.11Chapter 13 Bankruptcy (Individuals with Regular Income) and Chapter 12 Bankruptcy (Family Farmers or Fishermen with Regular Income)
- IRM 5.17.8General Provisions of Bankruptcy
- IRM 5.9.13Manual Proofs of Claim and Common Claim Issues
- IRM 5.9.10Processing Chapter 13 Bankruptcy Cases
- IRM 4.31.7TEFRA Bankruptcy
- IRM 5.9.2The Bankruptcy Code and Collection
- IRM 5.9.3Debtors' Delinquent Accounts
- IRM 34.3.1Procedures in Bankruptcy Cases
Traces to 2 documents
8 references not yet in our index
- Pub. L. 109–8, title VII, § 716(b)(1)
- 119 Stat. 129
- Pub. L. 111–327, § 2(a)(42)
- 124 Stat. 3562
- Pub. L. 111–327, § 2(a)(42)(C)
- Pub. L. 111–327, § 2(a)(42)(A)
- Pub. L. 111–327, § 2(a)(42)(B)
- section 1501 of Pub. L. 109–8
Citation graph
cites case law
§ 1308
Filing of prepetition tax returns
IRM×17
Pub. L.Pub. L. 109–8, title VII, § 716(b)(1)
Stat.119 Stat. 129
Pub. L.Pub. L. 111–327, § 2(a)(42)
Stat.124 Stat. 3562
Pub. L.Pub. L. 111–327, § 2(a)(42)(C)
Cites 10 · showing 7Cited by 17 across 1 source