Your refund is for overpayments into that "savings account" with the Gov't to pay your taxes and was done with the money made BEFORE you filed, so it is part of the BK. Withholding is under your control, YOU had too much withheld all through 2008 (you could have had 100% of your earnings put into the tax account), that could have been used to pay your debts....why should you get to keep it now?
I filed my Federal taxes for 2008 and just received a refund and I am in the process of filing bankruptcy this month will that refund be added as income to the bottom line?
The amount, no Will some part of it likely be used to pay your debts (because if you didn't have too much withheld that is what I'm sure you would have done with it then), yes.
Yes
Probably...at least the amount relative to income made PRIOR to the filing.
Probably not..first off, if your finalized, it's pretty much a done deal.Your refund this year was for income and taxes you had withheld last year...which were prepetition. You could have had all your income withheld....and delayed on filing your return till a year from now...it wouldn't change that the refund is an overpayment of withholding from earning from before you filed...that would have otherwise been able to be used to pay your debtors.This stimulus check...while what the heck it actually is may not be terribly clear....it's easier to say it is just an early refund of your 2008 filing...and hence POST petition.
You either have it, or your accontant - filing service does, or your dreamin if you think the IRS will respond that quickly!
Very likely...the refund is because you had more money than needed withheld from your paycheck and pu in (essentially) a savings account at the IRS to pay your eventual liability. This money, earned and saved pre-filing, had you not had it put aside (or had you correctly estimated and completed the W-4 so the right amount was withheld), would have been available to pay the creditors. You know, you could literally have had 100% of your pay withheld....think it makes sense youc could get and keep it after filing BK?
Filing bankruptcy does not alter or protect you from paying your tax lien.
The answer is no. You must wait 8 calendar years before filing again. At one time it was a 7 year period.
You have three years from the filing deadline to file your income tax return to receive your refund. Taxes for 2007 were due on April 15th 2008. You have until April 15th 2011 to file to receive a refund. Never if you have a tax liability.
Yes, the deadline was March 31 at the latest for online filing.
The court can of course....you have placed all your financial affairs in their hands. And cosider, if the refund is for over withholding from work you did in 2008, and you didn't file BK until 2009...that is prepetition money and rightfully should be used to pay your Pre P creditors.