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Free efile Publication 908 - Main Content Table of Contents Bankruptcy Code Tax Compliance RequirementsTax Returns Due for Periods Ending Before the Bankruptcy Filing in Chapter 13 Cases Tax Returns Due After the Bankruptcy Filing Individuals in Chapter 12 or 13 Individuals in Chapter 7 or 11Debtor's Election To End Tax Year – Form 1040 Taxes and the Bankruptcy Estate Bankruptcy Estate – Income, Deductions, and Credits Tax Reporting – Chapter 11 Cases Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due Tax Return Example – Form 1041 Partnerships and CorporationsFiling Requirements Partnerships Corporations Receiverships Determination of TaxPrompt Determination Requests Court Jurisdiction Over Tax MattersBankruptcy Court Tax Court Federal Tax ClaimsUnsecured Tax Claims Discharge of Unpaid Tax Debt CancellationExclusions Reduction of Tax Attributes Partnerships Corporations Tax Attribute Reduction Example How To Get Tax HelpTaxpayer Advocacy Panel (TAP). Free efile Low Income Taxpayer Clinics (LITCs). Free efile Bankruptcy Code Tax Compliance Requirements Tax Returns Due for Periods Ending Before the Bankruptcy Filing in Chapter 13 Cases The Bankruptcy Code requires chapter 13 debtors to file all required tax returns for tax periods ending within 4 years of the debtor's bankruptcy filing. Free efile All such federal tax returns must be filed with the IRS before the date first set for the first meeting of creditors. Free efile The debtor may request the trustee to hold the meeting open for an additional 120 days to enable the debtor to file the returns (or until the day the returns are due under an automatic IRS extension, if later). Free efile After notice and hearing, the bankruptcy court may extend the period for another 30 days. Free efile Failure to timely file the returns can prevent confirmation of a chapter 13 plan and result in either dismissal of the chapter 13 case or conversion to a chapter 7 case. Free efile Note. Free efile Individual debtors should use their home address when filing Form 1040 with the IRS. Free efile Returns should not be filed “in care of” the trustee's address. Free efile Ordering tax transcripts and copies of returns. Free efile   Trustees may require the debtor to submit copies or transcripts of the debtor's returns as proof of filing. Free efile The debtor can request free transcripts of the debtor's income tax returns by filing Form 4506-T, Request for Transcript of Tax Return, with the IRS or by placing a request on the IRS's free Automated Delivery Service (ADS), available by calling 1-800-829-1040. Free efile If requested through ADS, the transcript will be mailed to the debtor's most current address according to the IRS's records. Free efile Transcripts requested using Form 4506-T may be mailed to any address, including to the attention of the trustee in the debtor's bankruptcy case. Free efile Transcripts are normally mailed within 10 to 15 days of receipt of the request by the IRS. Free efile A transcript contains most of the information on the debtor's filed return, but it is not a copy of the return. Free efile To request a copy of the debtor's filed return, file Form 4506, Request for Copy of Tax Return. Free efile It may take up to 60 days for the IRS to provide the copies after receipt of the debtor's request, and there is a fee of $57. Free efile 00 per tax return for copies of the returns. Free efile Tax Returns Due After the Bankruptcy Filing For debtors filing bankruptcy under all chapters (chapters 7, 11, 12, or 13), the Bankruptcy Code provides that if the debtor does not file a tax return that becomes due after the commencement of the bankruptcy case, or obtain an extension for filing the return before the due date, the taxing authority may request that the bankruptcy court either dismiss the case or convert the case to a case under another chapter of the Bankruptcy Code. Free efile If the debtor does not file the required return or obtain an extension within 90 days after the request is made, the bankruptcy court must dismiss or convert the case. Free efile Tax returns and payment of taxes in chapter 11 cases. Free efile   The Bankruptcy Code provides that a chapter 11 debtor's failure to timely file tax returns and pay taxes owed after the date of the “order for relief” (the bankruptcy petition date in voluntary cases) is cause for dismissal of the chapter 11 case, conversion to a chapter 7 case, or appointment of a chapter 11 trustee. Free efile Disclosure of debtor's return information to trustee. Free efile   In bankruptcy cases filed under chapter 7 or 11 by individuals, the debtor's income tax returns for the year the bankruptcy case begins and for earlier years are, upon written request, open to inspection by or disclosure to the trustee. Free efile If the bankruptcy case was not voluntary, disclosure cannot be made before the bankruptcy court has entered an order for relief, unless the court rules that the disclosure is needed for determining whether relief should be ordered. Free efile    In bankruptcy cases other than those of individuals filing under chapter 7 or 11, the debtor's income tax returns for the current and prior years are, upon written request, open to inspection by or disclosure to the trustee, but only if the IRS finds that the trustee has a material interest that will be affected by information on the return. Free efile Material interest is generally defined as a financial or monetary interest. Free efile Material interest is not limited to the trustee's responsibility to file a return on behalf of the bankruptcy estate. Free efile   However, the U. Free efile S. Free efile Trustee (an officer of the Department of Justice, responsible for maintaining and supervising a panel of private trustees for chapter 7 bankruptcy cases) and the standing chapter 13 trustee (the administrator of chapter 13 cases in a specific geographic region) generally do not have a material interest in the debtor’s return or return information. Free efile Disclosure of bankruptcy estate's return information to debtor. Free efile    The bankruptcy estate's tax return(s) are open, upon written request, to inspection by or disclosure to the individual debtor in a chapter 7 or 11 bankruptcy. Free efile Disclosure of the estate's return to the debtor may be necessary to enable the debtor to determine the amount and nature of the tax attributes, if any, that the debtor assumes when the bankruptcy estate terminates. Free efile Individuals in Chapter 12 or 13 Only individuals may file a chapter 13 bankruptcy. Free efile Chapter 13 relief is not available to corporations or partnerships. Free efile The bankruptcy estate is not treated as a separate entity for tax purposes when an individual files a petition under chapter 12 (Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income) or 13 (Adjustment of Debts of an Individual with Regular Income) of the Bankruptcy Code. Free efile In these cases the individual continues to file the same federal income tax returns that were filed prior to the bankruptcy petition, Form 1040, U. Free efile S. Free efile Individual Income Tax Return. Free efile On the debtor's individual tax return, Form 1040, report all income received during the entire year and deduct all allowable expenses. Free efile Do not include in income the amount from any debt canceled due to the debtor's bankruptcy. Free efile To the extent the debtor has any losses, credits, or basis in property that were previously reduced as a result of canceled debt, these reductions must be included on the debtor's return. Free efile See Debt Cancellation, later. Free efile Interest on trust accounts in chapter 13 cases. Free efile   In chapter 13 proceedings, do not include interest earned on amounts held by the trustee in trust accounts as income on the debtor's return. Free efile This interest is not available to either the debtor or creditors, it is available only to the trustee for use by the U. Free efile S. Free efile Trustee system. Free efile The interest is also not taxable to the trustee as income. Free efile Individuals in Chapter 7 or 11 When an individual debtor files for bankruptcy under chapter 7 or 11 of the Bankruptcy Code, the bankruptcy estate is treated as a new taxable entity, separate from the individual taxpayer. Free efile The bankruptcy estate in a chapter 7 case is represented by a trustee. Free efile The trustee is appointed to administer the estate and liquidate any nonexempt assets. Free efile In chapter 11 cases, the debtor often remains in control of the assets as a “debtor-in-possession” and acts as the bankruptcy trustee. Free efile However, the bankruptcy court, for cause, may appoint a trustee if such appointment is in the best interests of the creditors and the estate. Free efile During the chapter 7 or 11 bankruptcy, the debtor continues to file an individual tax return on Form 1040. Free efile The bankruptcy trustee files a Form 1041 for the bankruptcy estate. Free efile However, when a debtor in a chapter 11 bankruptcy case remains a debtor-in-possession, he or she must file both a Form 1040 individual return and a Form 1041 estate return for the bankruptcy estate (if return filing requirements are met). Free efile Although a husband and wife may file a joint bankruptcy petition whose bankruptcy estates are jointly administered, the estates are be treated as two separate entities for tax purposes. Free efile Two separate bankruptcy estate income tax returns must be filed (if each spouse separately meets the filing requirements). Free efile For information about determining the tax due and paying tax for a chapter 7 or 11 bankruptcy estate, see Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due, later. Free efile Debtor's Election To End Tax Year – Form 1040 Short tax years. Free efile   An individual debtor in a chapter 7 or 11 case may elect to close the debtor's tax year for the year in which the bankruptcy petition is filed, as of the day before the date on which the bankruptcy case commences. Free efile If the debtor makes this election, the debtor's tax year is divided into 2 short tax years of less than 12 months each. Free efile The first tax year ends on the day before the commencement date and the second tax year begins on the commencement date. Free efile   If the election is made, the debtor's federal income tax liability for the first short tax year becomes an allowable claim against the bankruptcy estate arising before the bankruptcy filing. Free efile Also, the tax liability for the first short tax year is not subject to discharge under the Bankruptcy Code. Free efile    If the debtor does not make an election to end the tax year, the commencement of the bankruptcy case does not affect the debtor's tax year. Free efile Also, no part of the debtor's income tax liability for the year in which the bankruptcy case commences can be collected from the bankruptcy estate. Free efile Note. Free efile The debtor cannot make a short tax year election if no assets, other than exempt property, are in the bankruptcy estate. Free efile Making the Election - Filing Requirements First short tax year. Free efile   The debtor can elect to end the debtor's tax year by filing a return on Form 1040 for the first short tax year. Free efile The return must be filed on or before the 15th day of the fourth full month after the end of that first tax year. Free efile Second short tax year. Free efile   If the debtor elects to end the tax year on the day before filing the bankruptcy case, the debtor must file the return for the first short tax year in the manner discussed above. Free efile   If the debtor makes this election, the debtor must also file a separate Form 1040 for the second short tax year by the regular due date. Free efile To avoid delays in processing the return, write “Second Short Year Return After Section 1398 Election” at the top of the return. Free efile Example. Free efile Jane Doe, an individual calendar year taxpayer, filed a bankruptcy petition under chapter 7 or 11 on May 8, 2012. Free efile If Jane elected to close her tax year at the commencement of her case, Jane's first short year for 2012 runs from January 1 through May 7, 2012. Free efile Jane's second short year runs from May 8, 2012, through December 31, 2012. Free efile To have a timely filed election for the first short year, Jane must file Form 1040 (or an extension of time to file) for the period January 1 through May 7 by September 15. Free efile To avoid delays in processing the return, write “Section 1398 Election” at the top of the return. Free efile The debtor may also make the election by attaching a statement to Form 4868, Automatic Extension of Time to File an U. Free efile S. Free efile Individual Tax Return. Free efile The statement must state that the debtor elects under IRC section 1398(d)(2) to close the debtor's tax year on the day before filing the bankruptcy case. Free efile The debtor must file Form 4868 by the due date of the return for the first short tax year. Free efile The debtor's spouse may also elect to close his or her tax year, see Election by debtor's spouse, below. Free efile Election by debtor's spouse. Free efile   If the debtor is married, the debtor's spouse may join in the election to end the tax year. Free efile If the debtor and spouse make a joint election, the debtor must file a joint return for the first short tax year. Free efile The debtor must elect by the due date for filing the return for the first short tax year. Free efile Once the election is made, it cannot be revoked for the first short tax year. Free efile However, the election does not prevent the debtor and the spouse from filing separate returns for the second short tax year. Free efile Later bankruptcy of spouse. Free efile    If the debtor's spouse files for bankruptcy later in the same year, he or she may also choose to end his or her tax year, regardless of whether he or she joined in the election to end the debtor's tax year. Free efile   As each spouse has a separate bankruptcy, one or both of them may have 3 short tax years in the same calendar year. Free efile If the debtor's spouse joined the debtor's election or if the debtor had not made the election to end the tax year, the debtor can join in the spouse's election. Free efile However, if the debtor made an election and the spouse did not join that election, the debtor cannot then join the spouse's later election. Free efile The debtor and the spouse are precluded from this election because they have different tax years. Free efile This results because the debtor does not have a tax year ending the day before the spouse's filing for bankruptcy, and the debtor cannot file a joint return for a year ending on the day before the spouse's filing of bankruptcy. Free efile Example 1. Free efile Paul and Mary Harris are calendar-year taxpayers. Free efile Paul's voluntary chapter 7 bankruptcy case begins on March 4. Free efile If Paul does not make an election, his tax year does not end on March 3. Free efile If he makes an election, Paul's first tax year is January 1–March 3, and his second tax year begins on March 4. Free efile Mary could join in Paul's election as long as they file a joint return for the tax year January 1–March 3. Free efile They must make the election by July 15, the due date for filing the joint return. Free efile Example 2. Free efile Fred and Ethel Barnes are calendar-year taxpayers. Free efile Fred's voluntary chapter 7 bankruptcy case begins on May 6, and Ethel's bankruptcy case begins on November 1 of the same year. Free efile Ethel could elect to end her tax year on October 31. Free efile If Fred did not elect to end his tax year on May 5, or if he elected to do so but Ethel had not joined in his election, Ethel would have 2 tax years in the same calendar year if she decided to close her tax year. Free efile Her first tax year is January 1–October 31, and her second year is November 1–December 31. Free efile If Fred did not end his tax year as of May 5, he could join in Ethel's election to close her tax year on October 31, but only if they file a joint return for the tax year January 1–October 31. Free efile If Fred elected to end his tax year on May 5, but Ethel did not join in Fred's election, Fred cannot join in Ethel's election to end her tax year on October 31. Free efile Fred and Ethel cannot file a joint return for that short tax year because their tax years preceding October 31 were not the same. Free efile Example 3. Free efile Jack and Karen Thomas are calendar-year taxpayers. Free efile Karen's voluntary chapter 7 bankruptcy case began on April 10, and Jack's voluntary chapter 7 bankruptcy case began on October 3 of the same year. Free efile Karen elected to close her tax year on April 9 and Jack joins in Karen's election. Free efile Under these facts, Jack would have 3 tax years for the same calendar year if he makes the election relating to his own bankruptcy case. Free efile The first tax year would be January 1–April 9; the second, April 10–October 2; and the third, October 3–December 31. Free efile Karen may join in Jack's election if they file a joint return for the second short tax year (April 10–October 2). Free efile If Karen does join in, she would have the same 3 short tax years as Jack. Free efile Also, if Karen joins in Jack's election, they may file a joint return for the third tax year (October 3–December 31), but they are not required to do so. Free efile Annualizing taxable income. Free efile   If the debtor elects to close the tax year, the debtor must annualize taxable income for each short tax year in the same manner a change in annual accounting period is calculated. Free efile See Short Tax Year in Publication 538, for information on how to annualize the debtor's income and to figure the tax for the short tax year. Free efile Dismissal of bankruptcy case. Free efile   If the bankruptcy court later dismisses an individual chapter 7 or 11 case, the bankruptcy estate is no longer treated as a separate taxable entity. Free efile It is as if no bankruptcy estate was created for tax purposes. Free efile In this situation, the debtor must file amended tax returns on Form 1040X, to replace all full or short year individual returns (Form 1040) and bankruptcy estate returns (Form 1041) filed as a result of the bankruptcy case. Free efile Income, deductions, and credits previously reported by the bankruptcy estate must be reported on the debtor's amended returns. Free efile Attach a statement to the amended returns explaining why the debtor is filing an amended return. Free efile Taxes and the Bankruptcy Estate Property of the bankruptcy estate. Free efile   At the commencement of a bankruptcy case a bankruptcy estate is created. Free efile Bankruptcy law determines which of the debtor's assets become part of a bankruptcy estate. Free efile This estate generally includes all of the debtor's legal and equitable interests in property as of the commencement date. Free efile However, there are exceptions and certain property is exempted or excluded from the bankruptcy estate. Free efile Note. Free efile Exempt property and abandoned property are initially part of the bankruptcy estate, but are subsequently removed from the estate. Free efile Excluded property is never included in the estate. Free efile Transfer of assets between debtor and bankruptcy estate. Free efile   The transfer (other than by sale or exchange) of an asset from the debtor to the bankruptcy estate is not treated as a disposition for income tax purposes. Free efile The transfer does not result in gain or loss, acceleration of income or deductions, or recapture of deductions or credits. Free efile For example, the transfer of an installment obligation to the estate would not accelerate gain under the rules for reporting installment sales. Free efile The estate assumes the same basis, holding period, and character of the transferred assets. Free efile Also, the estate generally accounts for the transferred assets in the same manner as debtor. Free efile   When the bankruptcy estate is terminated or dissolved, any resulting transfer (other than by sale or exchange) of the estate's assets back to the debtor is also not treated as a disposition for tax purposes. Free efile The transfer does not result in gain or loss, acceleration of income or deductions, or recapture of deductions or credits to the estate. Free efile Abandoned property. Free efile    The abandonment of property by the estate to the debtor is a nontaxable disposition of property. Free efile If the debtor received abandoned property from the bankruptcy estate, the debtor assumes the same basis in the property that the bankruptcy estate had. Free efile Separate taxable entity. Free efile   When an individual files a bankruptcy petition under chapter 7 or 11, the bankruptcy estate is treated as a separate taxable entity from the debtor. Free efile The court appointed trustee or the debtor-in-possession is responsible for preparing and filing all of the bankruptcy estate's tax returns, including its income tax return on Form 1041, U. Free efile S. Free efile Income Tax Return for Estates and Trusts, and paying its taxes. Free efile The debtor remains responsible for filing his or her own returns on Form 1040, U. Free efile S. Free efile Individual Income Tax Return, and paying taxes on income that does not belong to the estate. Free efile Employer identification number. Free efile   The trustee or debtor-in-possession must obtain an EIN for a bankruptcy estate. Free efile The trustee or debtor-in-possession uses this EIN on all tax returns filed for the bankruptcy estate with the IRS, including estimated tax returns. Free efile See Employer identification number, under Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due, later. Free efile    The social security number of the individual debtor cannot be used as the EIN for the bankruptcy estate. Free efile Income, deductions, and credits – Form 1040. Free efile   In an individual chapter 7 or 11 bankruptcy case, do not include the income, deductions, and credits that belong to the bankruptcy estate on the debtor's individual income tax return (Form 1040). Free efile Also, do not include as income on the debtor's return the amount of any debt canceled by reason of the bankruptcy discharge. Free efile The bankruptcy estate must reduce certain losses, credits, and the basis in property (to the extent of these items) by the amount of canceled debt. Free efile See Debt Cancellation, below. Free efile Note. Free efile The debtor may not be able to claim certain deductions available to the bankruptcy estate such as administrative expenses. Free efile Additionally, the bankruptcy exclusion cannot be used to exclude income from a cancelled debt if the discharge of indebtedness was not within the bankruptcy case, even though the debtor was under the bankruptcy court's protection at the time. Free efile However, other exclusions, such as the insolvency exclusion, may apply. Free efile Bankruptcy Estate – Income, Deductions, and Credits Bankruptcy Estate Income Income of the estate in individual chapter 7 cases. Free efile    The gross income of the bankruptcy estate includes gross income of the debtor to which the estate is entitled under the Bankruptcy Code. Free efile Gross income also includes income generated by the bankruptcy estate from property of the estate after the commencement of the case. Free efile   Gross income of the bankruptcy estate does not include amounts received or accrued by the debtor before the commencement of the case. Free efile Additionally, in chapter 7 cases, gross income of the bankruptcy estate does not include any income that the debtor earns after the date of the bankruptcy petition. Free efile Income of the estate in individual chapter 11 cases. Free efile    In chapter 11 cases, under IRC section 1398(e)(1), gross income of the bankruptcy estate includes income that the debtor earns for services performed after the bankruptcy petition date. Free efile Also, earnings from services performed by an individual debtor after the commencement of the chapter 11 case are property of the bankruptcy estate under section 1115 of the Bankruptcy Code (11 U. Free efile S. Free efile C. Free efile section 1115). Free efile Note. Free efile A debtor-in-possession may be compensated by the estate for managing or operating a trade or business that the debtor conducted before the commencement of the bankruptcy case. Free efile Such payments should be reported by the debtor as miscellaneous income on his or her individual income tax return (Form 1040). Free efile Amounts paid by the estate to the debtor-in-possession for managing or operating the trade or business may qualify as administrative expenses of the estate. Free efile See Administrative expenses, below. Free efile Conversion or dismissal of chapter 11 cases. Free efile   If a chapter 11 case is converted to a chapter 13 case, the chapter 13 estate is not a separate taxable entity and earnings from post-conversion services and income from property of the estate realized after the conversion to chapter 13 are taxed to the debtor. Free efile If the chapter 11 case is converted to a chapter 7 case, 11 U. Free efile S. Free efile C. Free efile section 1115 does not apply after conversion and: Earnings from post-conversion services will be taxed to the debtor, rather than the estate, and The property of the chapter 11 estate will become property of the chapter 7 estate. Free efile Any income on this property will be taxed to the estate even if the income is realized after the conversion to chapter 7. Free efile If a chapter 11 case is dismissed, the debtor is treated as if the bankruptcy case had never been filed and as if no bankruptcy estate had been created. Free efile Bankruptcy Estate Deductions and Credits A bankruptcy estate deducts expenses incurred in a trade, business, or activity, and uses credits in the same way the debtor would have deducted or credited them had he or she continued operations. Free efile Note. Free efile Expenses may be disallowed under other provisions of the IRC (such as the disallowance of certain capital expenditures or expenses relating to tax-exempt interest). Free efile Administrative expenses. Free efile   Allowable expenses include administrative expenses. Free efile    Administrative expenses can only be deducted by the estate, never by the debtor. Free efile   The bankruptcy estate is allowed deductions for bankruptcy administrative expenses and fees, including accounting fees, attorney fees, and court costs. Free efile These expenses are deductible on Form 1040, Schedule A as miscellaneous itemized deductions not subject to the 2% floor on miscellaneous itemized deductions, because they would not have been incurred if property had not been held by the bankruptcy estate. Free efile See IRC section 67(e). Free efile Administrative expenses of the bankruptcy estate attributable to conducting a trade or business for the production of estate rents or royalties are deductible in arriving at adjusted gross income on Form 1040, Schedules C, E, and F. Free efile Note. Free efile The bankruptcy estate uses Form 1041 as a transmittal for the tax return prepared using Form 1040 and its schedules. Free efile See Transmittal for Form 1040 under Tax Return Filing Requirements and Payment of Tax, later. Free efile Administrative expense loss. Free efile   If the administrative expenses of the bankruptcy estate are more than its gross income for a tax year, the excess amount may be carried back 3 years and forward 7 years. Free efile The amounts can only be carried to a tax year of the estate and never to a debtor's tax year. Free efile The excess amount to be carried back or forward is treated like a net operating loss (NOL) and must first be carried back to the earliest year possible. Free efile For a discussion of NOLs, see Publication 536. Free efile Attribute carryovers. Free efile   The bankruptcy estate may use its tax attributes the same way that the debtor would have used them. Free efile These items are determined as of the first day of the debtor's tax year in which the bankruptcy case begins. Free efile The bankruptcy estate assumes the following tax attributes from the debtor: NOL carryovers, Carryovers of excess charitable contributions, Recovery of tax benefit items, Credit carryovers, Capital loss carryovers, Basis, holding period, and character of assets, Method of accounting, Passive activity loss and credit carryovers, Unused at-risk deductions, and Other tax attributes provided in the regulations. Free efile   Certain tax attributes of the bankruptcy estate must be reduced by the amount of income that was previously excluded as a result of cancellation of debt during the bankruptcy proceeding. Free efile See Debt Cancellation, later. Free efile   When the bankruptcy estate is terminated (for example, when the case ends), the debtor assumes any remaining tax attributes previously taken over by the bankruptcy estate. Free efile The debtor also generally assumes any of the tax attributes, listed above, that arose during the administration of the bankruptcy estate. Free efile Note. Free efile The debtor does not assume the bankruptcy estate's administrative expense losses because they cannot be used by an individual taxpayer filing Form 1040. Free efile See Administrative expense loss, above. Free efile Passive and at-risk activities. Free efile   For bankruptcy cases beginning after November 8, 1992, passive activity carryover losses and credits and unused at-risk deductions are treated as tax attributes passing from the debtor to the bankruptcy estate, which the estate then passes back to the debtor when the bankruptcy estate terminates. Free efile Additionally, transfers to the debtor (other than by sale or exchange) of interests in passive or at-risk activities are treated as non-taxable exchanges. Free efile These transfers include the return of exempt property and abandonment of estate property to the debtor. Free efile Carrybacks from the debtor's activities. Free efile   The debtor cannot carry back any NOL or credit carryback from a tax year ending after the bankruptcy case has begun to any tax year ending before the case began. Free efile Carrybacks from the bankruptcy estate. Free efile   If the bankruptcy estate has an NOL that did not pass to the estate from the debtor under the attribute carryover rules, the estate can carry the loss back not only to its own earlier tax years but also to the debtor's tax years before the year the bankruptcy case began. Free efile The estate may also carry back excess credits, such as the general business credit, to the pre-bankruptcy tax years. Free efile Tax Reporting – Chapter 11 Cases Allocation of income and credits on information returns and required statement for returns for individual chapter 11 cases. Free efile    In chapter 11 cases, when an employer issues a Form W-2 reporting all of the debtor's wages, salary, or other compensation for a calendar year, and a portion of the earnings represent post-petition services includible in the estate's gross income, the Form W-2 amounts must be allocated between the estate and the debtor. Free efile The debtor-in-possession or trustee must allocate the income amount reported in box 1 and the income tax withheld reported in box 2 between the debtor and the estate. Free efile These allocations must reflect that the debtor's gross earnings from post-petition services and gross income from post-petition property are, generally, includible in the estate's gross income and not the debtor's gross income. Free efile The debtor and trustee may use a simple percentage method to allocate income and income tax withheld. Free efile The same method must be used to allocate the income and the withheld tax. Free efile Example. Free efile If 20% of the wages reported on Form W-2 for a calendar year were earned after the commencement of the case and are included in the estate's gross income, 20% of the withheld income tax reported on Form W-2 must also be claimed as a credit on the estate's income tax return. Free efile Likewise, 80% of wages must be reported by the debtor and 80% of the income tax withheld must be claimed as a credit on the debtor's income tax return. Free efile See IRC section 31(a). Free efile   If information returns are issued to the debtor for gross income, gross proceeds, or other reportable payments that should have been reported to the bankruptcy estate, the debtor-in-possession or trustee must allocate the improperly reported income in a reasonable manner between the debtor and the estate. Free efile In general, the allocation must ensure that any income and income tax withheld attributable to the post-petition period is reported on the estate's return, and any income and income tax withheld attributable to the pre-petition period is reported on the debtor's return. Free efile    IRS Notice 2006-83 requires the debtor to attach a statement to his or her individual income tax return (Form 1040) stating that the return is filed subject to a chapter 11 bankruptcy case. Free efile The statement must also: Show the allocations of income and income tax withheld, Describe the method used to allocate income and income tax withheld, and List the filing date of the bankruptcy case, the bankruptcy court in which the case is pending, the bankruptcy court case number, and the bankruptcy estate's EIN. Free efile Note. Free efile The debtor-in-possession or trustee must attach a similar statement to the bankruptcy estate's income tax return (Form 1041). Free efile   The model Notice 2006-83 Statement, shown above, may be used by debtors, debtors-in-possession, and trustees to satisfy the reporting requirement. Free efile Self-employment taxes in individual chapter 11 cases. Free efile   IRC section 1401 imposes a tax upon the self-employment income, that is, the net earnings from self-employment of an individual. Free efile Net earnings from self-employment are equal to the gross income derived by an individual from any trade or business carried on by such individual, less deductions attributable to the business. Free efile   Neither section 1115 of the Bankruptcy Code nor IRC section 1398 addresses the application of self-employment tax to the post-petition earnings of the individual debtor. Free efile Therefore, if the debtor continues to derive gross income from the performance of services as a self-employed individual after the commencement of the bankruptcy case, the debtor must continue to report the debtor's self-employment income on Schedule SE (Form 1040) of the debtor's income tax return. Free efile This schedule includes self-employment income earned post-petition and the attributable deductions. Free efile The debtor must pay any self-employment tax imposed by IRC section 1401. Free efile Employment taxes and employer's obligation to file Form W-2 in individual chapter 11 cases. Free efile   In chapter 11 cases, post-petition wages earned by a debtor are generally treated as gross income of the estate. Free efile However, section 1115 of the Bankruptcy Code (11 U. Free efile S. Free efile C. Free efile section 1115) does not affect the determination of what are deemed wages for Federal Insurance Contributions Act (FICA) tax, Federal Unemployment Tax Act (FUTA) tax, or Federal Income Tax Withholding purposes. Free efile See Notice 2006-83. Free efile   The reporting and withholding obligations of a debtor's employer also do not change. Free efile An employer should continue to report the wages and tax withholding on a Form W-2 issued under the debtor's name and social security number. Free efile Notice to persons required to file information returns (other than Form W-2, Wage and Tax Statement) in individual chapter 11 cases. Free efile   Within a reasonable time after the commencement of a chapter 11 bankruptcy case, the trustee or debtor-in-possession should provide notification of the bankruptcy estate's EIN to all persons (or entities) that are required to file information returns for the bankruptcy estate's gross income, gross proceeds, or other types of reportable payments. Free efile See IRC section 6109(a)(2). Free efile As these payments are the property of the estate under section 1115 of the Bankruptcy Code, the payors should report the gross income, gross proceeds, or other reportable payments on the appropriate information return using the estate's name and EIN as required under the IRC and regulations (see IRC sections 6041 through 6049). Free efile   The trustee or debtor-in-possession should not, however, provide the EIN to a person (or entity) filing Form W-2 reporting the debtor's wages or other compensation, as section 1115 of the Bankruptcy Code does not affect the determination of what constitutes wages for purposes of federal income tax withholding or FICA. Free efile See Notice 2006-83. Free efile An employer should continue to report all wage income and tax withholding, both pre-petition and post-petition, on a Form W-2 to the debtor under the debtor's social security number. Free efile   The debtor in a chapter 11 case is not required to file a new Form W-4 with an employer solely because the debtor filed a chapter 11 case and the post-petition wages are includible in the estate's income and not the debtor's income. Free efile However, a new Form W-4 may be necessary if the debtor is no longer entitled to claim the same number of allowances previously claimed because certain deductions or credits now belong to the estate. Free efile See Employment Tax Regulations section 31. Free efile 3402(f)(2)-1. Free efile Additionally, the debtor may wish to file a new Form W-4 to increase the income tax withheld from post-petition wages allocated to the estate to avoid having to make estimated tax payments for the estate. Free efile See IRC section 6654(a). Free efile Notice required in converted and dismissed cases. Free efile   When a chapter 11 bankruptcy case is closed, dismissed, or converted to a chapter 12 or 13 case, the bankruptcy estate ends as a separate taxable entity. Free efile The debtor should, within a reasonable time, send notice of such event to the persons (or entities) previously notified of the bankruptcy case. Free efile This helps to ensure that gross income, proceeds, and other reportable payments realized after the event are reported to the debtor under the correct TIN rather than to the estate. Free efile   When a chapter 11 case is converted to a chapter 7 case, the bankruptcy estate will continue to exist as a separate taxable entity. Free efile Gross income (other than post-conversion income from the debtor's services), gross proceeds, or other reportable payments should continue to be reported to the estate if they are property of the chapter 7 estate. Free efile However, income from services performed by the debtor after conversion of the case to chapter 7 is not property of the chapter 7 estate. Free efile After the conversion, the debtor should notify payors required to report the debtor's nonemployee compensation that compensation earned after the conversion should be reported using the debtor's name and TIN, not the estate's name and EIN. Free efile Employment taxes. Free efile   The trustee or debtor-in-possession must withhold income and social security taxes and file employment tax returns for any wages paid by the trustee or debtor, including wage claims paid as administrative expenses. Free efile See Publication 15, Circular E, Employer's Tax Guide, for details on employer tax responsibilities. Free efile   The trustee also has the duty to prepare and file Forms W-2 for wage claims paid by the trustee, regardless of whether the claims accrued before or during bankruptcy. Free efile For a further discussion of employment taxes, see Employment Taxes, later. Free efile Notice 2006-83 Statement Pending Bankruptcy Case The taxpayer, , filed a bankruptcy petition under chapter 11 of the Bankruptcy Code in the bankruptcy court for the District of . Free efile The bankruptcy court case number is . Free efile Gross income, and withheld federal income tax, reported on Form W-2, Forms 1099, Schedule K-1, and other information returns received under the taxpayer's name and social security number (or other taxpayer identification number) are allocated between the taxpayer's TIN and the bankruptcy estate's EIN as follows, using [describe allocation method]:. Free efile   Year Taxpayer   Estate 1. Free efile Form W-2, Payor: $   $     Withheld income tax shown on Form W-2 $   $   2. Free efile Form 1099-INT Payor: $   $     Withheld income tax (if any) shown on Form 1099-INT $   $   3. Free efile Form 1099-DIV Payor: $   $     Withheld income tax (if any) shown on Form 1099-DIV $   $   4. Free efile Form 1099-MISC Payor: $   $     Withheld income tax (if any) shown on Form 1099-MISC $   $   Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due Filing Requirements Filing threshold. Free efile   If the bankruptcy estate has gross income that meets or exceeds the minimum amount required for filing, the trustee or debtor-in-possession must file an income tax return on Form 1041. Free efile This amount is equal to the sum of the personal exemption amount plus the basic standard deduction for a married individual filing separately. Free efile   For 2012, the threshold filing amount for a bankruptcy estate is $9,750 (the sum of the $3,800 personal exemption plus the $5,950 standard deduction for married individuals filing separately). Free efile   These amounts are generally adjusted annually. Free efile See the present year Form 1041 Instructions at www. Free efile irs. Free efile gov/form1041 for the current dollar amounts. Free efile Accounting period. Free efile   A bankruptcy estate may have a fiscal year. Free efile However, this period cannot be longer than 12 months. Free efile Change of accounting period. Free efile   The bankruptcy estate may change its accounting period (tax year) once without IRS approval. Free efile This rule allows the bankruptcy trustee to close the estate's tax year early, before the expected termination of the bankruptcy estate. Free efile The trustee can then file a return for the first short tax year to get a quick determination of the estate's tax liability. Free efile Employer identification number. Free efile   The trustee or debtor-in-possession must obtain an EIN for a bankruptcy estate. Free efile The trustee or debtor-in-possession uses this EIN on all tax returns filed for the bankruptcy estate with the IRS, including estimated tax returns. Free efile    The social security number of the individual debtor cannot be used as the EIN for the bankruptcy estate. Free efile   Obtain an EIN for a bankruptcy estate by applying: Online by clicking on the EIN link at www. Free efile irs. Free efile gov/businesses/small. Free efile The EIN is issued immediately once the application information is validated. Free efile By telephone at 1-800-829-4933 from 7:00 a. Free efile m. Free efile to 7:00 p. Free efile m. Free efile in the trustee's or debtor-in-possession's local time zone. Free efile Assistance provided to callers from Alaska and Hawaii will be based on the hours of operation in the Pacific time zone, or By mailing or faxing Form SS-4, Application for Employer Identification Number. Free efile   If the trustee or debtor-in-possession has not received the bankruptcy estate's EIN by the time the return is due, write “Applied for” and the date you applied in the space for the EIN. Free efile For more details, see Pub. Free efile 583, Starting a Business and Keeping Records. Free efile   Trustees representing ten or more bankruptcy estates (other than estates that will be filing employment or excise tax returns) may request a series or block of EINs. Free efile Figuring tax due. Free efile   The bankruptcy estate figures its taxable income the same way an individual figures taxable income. Free efile However, the estate uses the tax rates for a married individual filing separately to calculate the tax on its taxable income. Free efile The estate is entitled to one personal exemption and may either itemize deductions or take the basic standard deduction for a married individual filing a separate return. Free efile The estate cannot take the higher standard deduction allowed for married persons filing separately who are 65 or older or blind. Free efile Tax rate schedule. Free efile The tax on income for bankruptcy estates is calculated using the tax rate schedule for Married Individuals Filing Separately not the Estates and Trusts tax rate schedule. Free efile When to file. Free efile   Calendar year bankruptcy estates must file Form 1041 by April 15th. Free efile Fiscal year bankruptcy estates must file on or before the 15th day of the 4th month following the close of its tax year. Free efile For example, an estate that has a tax year that ends on June 30th must file Form 1041 by October 15th of the tax year. Free efile If the due date falls on a Saturday, Sunday, or legal holiday, file on the next business day. Free efile Note. Free efile The bankruptcy estate is allowed an automatic 6-month extension of time to file the bankruptcy estate tax return upon filing the required application, Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns. Free efile Transmittal for Form 1040. Free efile   Form 1041 is used as a transmittal for Form 1040. Free efile If a return is required, the trustee or debtor-in-possession must complete the identification area at the top of Form 1041 and indicate the chapter under which the bankruptcy estate filed, either chapter 7 or chapter 11. Free efile   Prepare the bankruptcy estate's return by completing Form 1040. Free efile In the top margin of Form 1040, write “Attachment to Form 1041 —DO NOT DETACH. Free efile ” Then, attach Form 1040 to the Form 1041 transmittal. Free efile Enter the tax and payment amounts on lines 23 through 29 of Form 1041, then sign and date the return. Free efile An example of a bankruptcy estate's tax return is prepared below. Free efile Note. Free efile The filing of the bankruptcy estate's tax return does not relieve a debtor from the requirement to file his or her individual tax return on Form 1040. Free efile Payment of Tax Due Payment methods. Free efile   Payment of tax due may be made by check or money order or by credit or debit card. Free efile For information on how to make payments electronically by credit or debit card, go to irs. Free efile gov/e-pay. Free efile      Payments may also be made electronically using the Electronic Federal Tax Payment System (EFTPS), a free tax payment system that allows you to make payments online or by phone. Free efile To enroll in EFTPS, go to eftps. Free efile gov or call 1-800-555-4477. Free efile For more information see Publication 966, Electronic Federal Tax Payment System: A Guide to Getting Started. Free efile Payment voucher – Form 1041-V. Free efile   Form 1041-V accompanies payments made by check or money order for Form 1041. Free efile The voucher includes information about the bankruptcy estate, including the name of the bankruptcy estate, trustee, EIN, and amount due. Free efile Using Form 1041-V assists the IRS in processing the payment more accurately and efficiently. Free efile We recommend the use of Form 1041-V; however, there is no penalty if the voucher is not used. Free efile Estimated tax – Form 1041-ES. Free efile   In most cases, the trustee or debtor-in-possession must pay any required estimated tax due for the bankruptcy estate. Free efile See the Form 1041-ES Instructions for information on the minimum threshold amount required for filing Form 1041-ES, paying the estimated tax, and exceptions to filing. Free efile Employment Taxes The trustee or debtor-in-possession must withhold income and social security taxes and file employment tax returns for any wages paid by the trustee or debtor, including wage claims paid as administrative expenses. Free efile Until these employment taxes are deposited as required by the IRC, they should be set aside in a separate bank account to ensure that funds are available to satisfy the liability. Free efile If the employment taxes are not paid as required, the trustee may be held personally liable for payment of the taxes. Free efile   See Publication 15, (Circular E), Employer's Tax Guide, for details on employer tax responsibilities. Free efile Also see IRS Notice 931, Deposit Requirements for Employment Taxes, for details on the deposit rules, including the requirement that federal employment tax deposits be made by electronic funds transfer. Free efile The trustee also has a duty to prepare and file Forms W-2, Wage and Tax Statement, for wage claims paid by the trustee, regardless of whether the claims accrued before or during bankruptcy. Free efile If the debtor fails to prepare and file Forms W-2 for wages paid before bankruptcy, the trustee should instruct the employees to file a Form 4852, Substitute for Form W-2, Wage and Tax Statement, or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Free efile , with their individual income tax returns. Free efile Tax Return Example – Form 1041 This publication is not revised annually. Free efile Future changes to the forms and their instructions may not be reflected in this example. Free efile Note. Free efile The following return was prepared for tax year 2011. Free efile In 2011, the threshold filing amount for a bankruptcy estate was $9,500 (the sum of the $3,700 personal exemption plus the $5,800 standard deduction for married individuals filing separately). Free efile Facts and circumstances. Free efile   On December 15, 2010, Thomas Smith filed a bankruptcy petition under chapter 7. Free efile Joan Black was appointed trustee to administer the bankruptcy estate and to distribute the assets. Free efile   The estate received the following assets from Mr. Free efile Smith: A $100,000 certificate of deposit, Commercial rental real estate with a fair market value (FMV) of $280,000, and His personal residence with an FMV of $200,000. Free efile   Also, the estate received a $251,500 capital loss carryover. Free efile   Mr. Free efile Smith's bankruptcy case was closed on December 31, 2011. Free efile During 2011, Mr. Free efile Smith was relieved of $70,000 of debt by the bankruptcy court. Free efile The estate chose a calendar year as its tax year. Free efile Joan, the trustee, reviews the estate's transactions and reports the taxable events on the estate's final return. Free efile Schedule B (Form 1040). Free efile    The certificate of deposit earned $5,500 of interest during 2011. Free efile Joan reports this interest on Schedule B. Free efile She completes this schedule and enters the result on Form 1040. Free efile Form 4562. Free efile   Joan enters the depreciation allowed on Form 4562. Free efile She completes the form and enters the result on Schedule E. Free efile Schedule E (Form 1040). Free efile   The commercial real estate was rented through the date of sale. Free efile Joan reports the income and expenses on Schedule E. Free efile She enters the net income on Form 1040. Free efile Form 4797. Free efile   The commercial real estate was sold on July 1, 2011, for $280,000. Free efile The property was purchased in 2001 at a cost of $250,000. Free efile The total depreciation allowable as of the date of sale was $120,000. Free efile Additionally, $25,000 of selling expenses were incurred. Free efile Joan reports the gain or loss from the sale on Form 4797. Free efile She completes the form and enters the gain on Schedule D (Form 1040). Free efile   Mr. Free efile Smith's former residence was sold on September 30, 2011. Free efile The sale price was $200,000, the selling expenses were $20,000, and his adjusted basis was $130,000. Free efile This sale is excluded from gross income under IRC section 121. Free efile Note. Free efile Gains from the sale of personal residences are excluded from gross income up to $250,000 under IRC section 121 ($500,000 for married couples filing a joint return). Free efile Bankruptcy estates succeed to this exclusion at the commencement of the case. Free efile See Regulation section 1. Free efile 1398-3. Free efile Schedule D (Form 1040). Free efile   Joan completes Schedule D, taking into account the $250,000 capital loss carryover from 2010 ($251,500 transferred to the estate minus $1,500 used on the estate's 2010 return). Free efile She enters the results on Form 1040. Free efile Form 1040, page 1. Free efile   Joan completes page 1 of the Form 1040 and enters the adjusted gross income on the first line of Form 1040, page 2. Free efile Schedule A (Form 1040). Free efile   During 2011, the estate paid mortgage interest and real property tax on Mr. Free efile Smith's former residence. Free efile It also paid income tax to the state. Free efile Joan enters the mortgage interest, real estate tax, and income tax on Schedule A. Free efile Also, she reports the bankruptcy estate's administrative expenses as a miscellaneous deduction not subject to the 2% floor on miscellaneous itemized deductions. Free efile She completes the Schedule A and enters the result on page 2 of Form 1040. Free efile Form 1040, page 2. Free efile   Joan determines the estate's taxable income and figures its tax using the tax rate schedule for married filing separately. Free efile She then enters the estate's estimated tax payments and figures the amount the estate still owes. Free efile Form 982. Free efile   Joan completes the Schedule D Tax Worksheet to figure the capital loss carryover. Free efile Because $70,000 of debt was canceled, Joan must reduce the tax attributes of the estate by the amount of the canceled debt. Free efile See Debt Cancellation, later. Free efile After the bankruptcy case ends, Mr. Free efile Smith will assume the estate's tax attributes. Free efile Mr. Free efile Smith will assume a capital loss carryover of $53,500 ($123,500 carryover minus the $70,000 attribute reduction) for use in preparation of his individual tax return (Form 1040). Free efile Note. Free efile If the bankruptcy estate had continued, the capital loss carryover would be available to the bankruptcy estate for the 2012 tax year. Free efile Form 1041. Free efile   Joan enters the total tax, estimated tax payments, and tax due from Form 1040 on Form 1041. Free efile She completes the identification area at the top of Form 1041, then signs and dates the return as the trustee on behalf of the bankruptcy estate. Free efile This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 1040 - page 1 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 1040 - page 2 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Schedule A This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Schedule B This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Schedule D This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Schedule E This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 4797 - page 1 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 2119 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 4797 - page 2 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 4562 This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Capital Loss Carryover Worksheet This image is too large to be displayed in the current screen. Free efile Please click the link to view the image. Free efile Sample Form 982 Capital Loss Carryover Worksheet—Lines 6 and 14 Use this worksheet to figure your capital loss carryovers from 2010 to 2011 if your 2010 Schedule D, line 21, is a loss and (a) that loss is a smaller loss than the loss on your 2010 Schedule D, line 16, or (b) the amount on your 2010 Form 1040, line 41 (or your 2010 Form 1040NR, line 38, if applicable) is less than zero. Free efile Otherwise, you do not have any carryovers. Free efile 1. Free efile Enter the amount from your 2010 Form 1040, line 41, or Form 1040NR, line 38. Free efile If a loss, enclose the amount in parentheses 1. Free efile 19,880   2. Free efile Enter the loss from your 2010 Schedule D, line 21, as a positive amount 2. Free efile 1,500   3. Free efile Combine lines 1 and 2. Free efile If zero or less, enter -0- 3. Free efile 21,380   4. Free efile Enter the smaller of line 2 or line 3 4. Free efile 1,500     If line 7 of your 2010 Schedule D is a loss, go to line 5; otherwise, enter -0- on line 5 and go to line 9. Free efile       5. Free efile Enter the loss from your 2010 Schedule D, line 7, as a positive amount 5. Free efile 0   6. Free efile Enter any gain from your 2010 Schedule D, line 15. Free efile If a loss, enter -0- 6. Free efile         7. Free efile Add lines 4 and 6 7. Free efile 1,500   8. Free efile Short-term capital loss carryover for 2011. Free efile Subtract line 7 from line 5. Free efile If zero or less, enter -0-. Free efile If more than zero, also enter this amount on Schedule D, line 6 8. Free efile 0     If line 15 of your 2010 Schedule D is a loss, go to line 9; otherwise, skip lines 9 through 13. Free efile       9. Free efile Enter the loss from your 2010 Schedule D, line 15, as a positive amount 9. Free efile 251,500   10. Free efile Enter any gain from your 2010 Schedule D, line 7. Free efile If a loss, enter -0- 10. Free efile 0       11. Free efile Subtract line 5 from line 4. Free efile If zero or less, enter -0- 11. Free efile 1,500       12. Free efile Add lines 10 and 11 12. Free efile 1,500   13. Free efile Long-term capital loss carryover for 2011. Free efile Subtract line 12 from line 9. Free efile If zero or less, enter -0-. Free efile If more than zero, also enter this amount on Schedule D, line 14 13. Free efile 250,000                       Partnerships and Corporations Filing Requirements A separate taxable estate is not created when a partnership or corporation files a bankruptcy petition and their tax return filing requirements do not change. Free efile The debtor-in-possession, court appointed trustee, assignee, or receiver must file the entity's income tax returns on Form 1065, Form 1120 or, Form 1120S. Free efile In cases where a trustee or receiver is not appointed, the debtor-in-possession continues business operations and remains in possession of the business' property during the bankruptcy proceeding. Free efile The debtor-in-possession, rather than the general partner of a partnership or corporate officer of a corporation, assumes the fiduciary responsibility to file the business' tax returns. Free efile Partnerships The filing requirements for a partnership in a bankruptcy proceeding do not change. Free efile However, the responsibility to file the required returns becomes that of the court appointed trustee, receiver, or debtor-in-possession. Free efile A partnership's debt that is canceled as a result of the bankruptcy proceeding is not included in the partnership's income. Free efile However, It may or may not be included in the individual partners' income. Free efile See Partnerships, below under Debt Cancellation. Free efile Corporations The filing requirements for a corporation in a bankruptcy proceeding also do not change. Free efile A bankruptcy trustee, receiver, or debtor-in-possession, having possession of or holding title to substantially all of the property or business operations of the debtor corporation, must file the debtor's corporate income tax return for the tax year. Free efile The following discussion only highlights bankruptcy tax rules applying to corporations. Free efile The complex details of corporate bankruptcy reorganizations are beyond the scope of this publication. Free efile Therefore, you may wish to seek the help of a professional tax advisor. Free efile See Corporations under Debt Cancellation for information about a corporation's debt canceled in a bankruptcy proceeding. Free efile Tax-Free Reorganizations The tax-free reorganization provisions of the Internal Revenue Code allow a corporation to transfer all or part of its assets to another corporation in a bankruptcy under title 11 of the United States Code or in a similar case. Free efile However, under the reorganization plan, the stock or securities of the corporation to which the assets are transferred must be distributed in a transaction that qualifies under IRC section 354, 355, or 356. Free efile A “similar case” includes a receivership, foreclosure, or other similar proceeding in a federal or state court. Free efile In these cases, any party to the reorganization must be under the jurisdiction of the court and the transfer of assets under the plan of reorganization must be approved by the court. Free efile In a receivership, foreclosure, or similar proceeding before a federal or state agency involving certain financial institutions, the agency is treated as a court. Free efile Generally, IRC section 354 provides that no gain or loss is recognized if a corporation's stock is exchanged solely for stock or securities in a corporation that is a party to the reorganization under a qualifying reorganization plan. Free efile In this case, shareholders in the bankrupt corporation would recognize no gain or loss if they exchange their stock solely for stock or securities of the corporation acquiring the bankrupt corporation's assets. Free efile IRC section 355 generally provides that no gain or loss is recognized by a shareholder if a corporation distributes solely stock or securities of another corporation that the distributing corporation controls immediately before the distribution. Free efile IRC section 356 allows tax-free exchanges in situations that would qualify under IRC section 354 or 355, except that other property or money, in addition to the permitted stock or securities, is received by the shareholder. Free efile In this situation, gain is recognized by the shareholder, but only to the extent of the money and the FMV of the other property received. Free efile No loss is recognized in this situation. Free efile Exemption from tax return filing A trustee, receiver, or assignee of a corporation in bankruptcy, receivership, or in the process of dissolving, may apply to the IRS for relief from filing federal income tax returns for the corporation. Free efile To qualify, the corporation must have ceased business operations and have no assets nor income for the tax year. Free efile The exemption request must be submitted to the local IRS Insolvency Office handling the case. Free efile The request to the IRS must include the name, address, and EIN of the corporation and a statement of the facts (with any supporting documents) showing why the debtor needs relief from the filing requirements. Free efile The request must also include the following statement: “I hereby request relief from filing federal income tax returns for tax years ending _____ for the above-named corporation and declare under penalties of perjury that to the best of my knowledge and belief the information contained herein is correct. Free efile ” The statement must be signed by the trustee, receiver or assignee. Free efile The statement must also include notice of appointment to act on behalf of the corporation (this is not required for bankruptcy trustees or debtors-in-possession). Free efile The IRS will act on your request within 90 days. Free efile Disclosure of return information to trustee. Free efile   Upon written request, current and earlier returns of the debtor are open to inspection by or disclosure to the trustee or receiver. Free efile However, in bankruptcy cases other than those of individuals filing under chapter 7 or 11, such as a corporate bankruptcy, the IRS must find that the trustee has a material interest that will be affected by information on the return. Free efile Material interest is generally defined as a financial or monetary interest. Free efile Material interest is not limited to the trustee's responsibility to file a return on behalf of the bankruptcy estate. Free efile Receiverships Court-established receiverships sometimes arise in connection with bankruptcies. Free efile Certain court-established receiverships should be treated as qualified settlement funds ("QSFs") for purposes of IRC section 468B and the underlying Treasury Regulations. Free efile QSFs are required to file an annual income tax return, Form 1120-SF, U. Free efile S. Free efile Income Tax Return for Settlement Funds. Free efile More information about QSFs may be found in Treasury Regulation sections 1. Free efile 468B-1 through -5. Free efile Determination of Tax The determination of the proper amount of tax due for a tax year begins with the bankruptcy estate's filing of Form 1041, and the individual debtor's filing of Form 1040, or for bankrupt entities filing Forms 1065, 1120, or 1120S. Free efile After a return is filed, the IRS will either accept the return as filed or select the return for examination. Free efile Under examination the IRS may redetermine the tax liability shown on the return. Free efile If the bankruptcy estate or debtor disagrees with the redetermined tax due, the tax as redetermined by the IRS may be contested in the bankruptcy court, or Tax Court, as applicable. Free efile See Court Jurisdiction over Tax Matters, later. Free efile Prompt Determination Requests Pursuant to Rev. Free efile Proc. Free efile 2006-24, 2006-22 I. Free efile R. Free efile B. Free efile 943, www. Free efile irs. Free efile gov/irb/2006-22_IRB/ar12, as modified by Announcement 2011-77, www. Free efile irs. Free efile gov/irb/2011-51_IRB/ar13, the bankruptcy trustee may request a determination of any unpaid tax liability incurred by the bankruptcy estate during the administration of the case, by filing a tax return and a request for such determination with the IRS. Free efile Unless the return is fraudulent or contains a material misrepresentation, the estate, trustee, debtor, and any successor to the debtor are discharged from liability upon payment of the tax: As determined by the IRS, As determined by the bankruptcy court, after completion of the IRS examination, or As shown on the return, if the IRS does not: Notify the trustee within 60 days after the request for determination that the return has been selected for examination, or Complete the examination and notify the trustee of any tax due within 180 days after the request (or any additional time permitted by the bankruptcy court). Free efile Making the request for determination. Free efile   As detailed in Rev. Free efile Proc. Free efile 2006-24, as modified by Announcement 2011-77, to request a prompt determination of any unpaid tax liability of the estate, the trustee must file a signed written request, in duplicate, with the Internal Revenue Service, Centralized Insolvency Operation, P. Free efile O. Free efile Box 7346, Philadelphia, PA 19101–7346 (marked “Request for Prompt Determination”). Free efile   The request must be submitted in duplicate and must be executed under penalties of perjury. Free efile In addition, the trustee must submit along with the request an exact copy of the return(s) filed by the trustee with the IRS for each completed tax period. Free efile The request must contain the following information: A statement indicating that it is a Request for Prompt Determination of Tax Liability, specifying the type of return and tax period for each return being filed. Free efile The name and location of the office where the return was filed. Free efile The name of the debtor. Free efile Debtor's social security number, TIN, or EIN. Free efile Type of bankruptcy estate. Free efile Bankruptcy case number. Free efile Court where the bankruptcy case is pending. Free efile   The copy of the return(s) submitted with the request must be an exact copy of a valid return. Free efile A request for prompt determination will be considered incomplete and returned to the trustee if it is filed with a copy of a document that does not qualify as a valid return. Free efile    To qualify as valid, a return must meet certain criteria, including a signature under penalties of perjury. Free efile A document filed by the trustee with the jurat stricken, deleted, or modified will not qualify as a valid return. Free efile Examination of return. Free efile   The IRS will notify the trustee within 60 days from receipt of the request whether the return filed by the trustee has been selected for examination or has been accepted as filed. Free efile If the return is selected for examination, it will be examined as soon as possible. Free efile The IRS will notify the trustee of any tax due within 180 days from receipt of the application or within any additional time permitted by the bankruptcy court. Free efile   If a prompt determination request is incomplete, all the documents received by the IRS will be returned to the trustee by the assigned Field Insolvency Office with an explanation identifying the missing item(s) and instructions to re-file the request once corrected. Free efile   Once corrected, the request must be filed with the IRS at the Field Insolvency Office address specified in the correspondence accompanying the returned incomplete request. Free efile   In the case of an incomplete request submitted with a copy of an invalid return document, the trustee must file a valid original return with the appropriate IRS office and submit a copy of that return with the corrected request when the request is re-filed. Free efile Note. Free efile An incomplete request includes those submitted with a copy of a return form, the original of which does not qualify as a valid return. Free efile   The 60-day period to notify the trustee whether the return is accepted as filed or has been selected for examination does not begin to run until a complete request package is recei
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Mississippi Department of Agriculture and Commerce

Website: Mississippi Department of Agriculture and Commerce

Address: Mississippi Department of Agriculture and Commerce
Bureau of Regulatory Services Consumer Protection
PO Box 1609
Jackson, MS 39215

Phone Number: 601-359-1148

Mississippi Office of the Attorney General

Website: Mississippi Office of the Attorney General

Address: Mississippi Office of the Attorney General
Consumer Protection Division
PO Box 22947
Jackson, MS 39225-2947

Phone Number: 601-359-4230

Toll-free: 1-800-281-4418 (MS)

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Banking and Consumer Finance

Website: Department of Banking and Consumer Finance

Address: Department of Banking and Consumer Finance
901 Woolfolk Building, Suite A
501 N. West St.
Jackson, MS 39201

Phone Number: 601-359-1031

Toll-free: 1-800-844-2499 (MS)

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Insurance

Website: Department of Insurance

Address: Department of Insurance
PO Box 79
Jackson, MS 39205-0079

Phone Number: 601-359-3569

Toll-free: 1-800-562-2957 (MS)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Secretary of State

Website: Secretary of State

Address: Secretary of State
Securities Division
PO Box 136
Jackson, MS 39205-0136

Phone Number: 601-359-1334

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Service Commission

Website: Public Service Commission

Address: Public Service Commission
P.O. Box 1174
Jackson, MS 39215

Phone Number: 601-961-5430 (Central District) 601-961-5440 (Southern District) 601-961-5450 (Northern District)

Toll-free: 1-800-356-6429 (Southern District) 1-800-356-6430 (Central District) 1-800-356-6428 (Northern District)

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The Free Efile

Free efile Publication 503 - Introductory Material Table of Contents Future Developments Reminders IntroductionOrdering forms and publications. Free efile Tax questions. Free efile Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 503, such as legislation enacted after it was published, go to www. Free efile irs. Free efile gov/pub503. Free efile Reminders Taxpayer identification number needed for each qualifying person. Free efile  You must include on line 2 of Form 2441, Child and Dependent Care Expenses, the name and taxpayer identification number (generally the social security number) of each qualifying person. Free efile See Taxpayer identification number under Qualifying Person Test, later. Free efile You may have to pay employment taxes. Free efile  If you pay someone to come to your home and care for your dependent or spouse, you may be a household employer who has to pay employment taxes. Free efile Usually, you are not a household employer if the person who cares for your dependent or spouse does so at his or her home or place of business. Free efile See Employment Taxes for Household Employers, later. Free efile Photographs of missing children. Free efile  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Free efile Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Free efile You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Free efile Introduction This publication explains the tests you must meet to claim the credit for child and dependent care expenses. Free efile It explains how to figure and claim the credit. Free efile You may be able to claim the credit if you pay someone to care for your dependent who is under age 13 or for your spouse or dependent who is not able to care for himself or herself. Free efile The credit can be up to 35% of your expenses. Free efile To qualify, you must pay these expenses so you can work or look for work. Free efile This publication also discusses some of the employment tax rules for household employers. Free efile Dependent care benefits. Free efile   If you received any dependent care benefits from your employer during the year, you may be able to exclude from your income all or part of them. Free efile You must complete Form 2441, Part III, before you can figure the amount of your credit. Free efile See Dependent Care Benefits under How To Figure the Credit, later. Free efile Comments and suggestions. Free efile   We welcome your comments about this publication and your suggestions for future editions. Free efile   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free efile NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free efile Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free efile   You can send your comments from www. Free efile irs. Free efile gov/formspubs/. Free efile Click on “More Information” and then on “Comment on Tax Forms and Publications. Free efile ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Free efile Ordering forms and publications. Free efile   Visit www. Free efile irs. Free efile gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Free efile Internal Revenue Service 1201 N. Free efile Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Free efile   If you have a tax question, check the information available on IRS. Free efile gov or call 1-800-829-1040. Free efile We cannot answer tax questions sent to either of the above addresses. Free efile Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information 926 Household Employer's Tax Guide Form (and Instructions) 2441 Child and Dependent Care Expenses Schedule H (Form 1040) Household Employment Taxes W-10 Dependent Care Provider's Identification and Certification See How To Get Tax Help , near the end of this publication, for information about getting these publications and forms. Free efile Prev  Up  Next   Home   More Online Publications