tax return Archives - Chicago Bankruptcy Lawyer LEEDERS LAW Tue, 21 Nov 2023 21:10:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.9 https://leederslaw.com/wp-content/uploads/2022/03/cropped-cropped-cropped-Leeders-Law-Logo-e1677182027648-1-32x32.png tax return Archives - Chicago Bankruptcy Lawyer 32 32 Tax returns – How to order tax returns from the IRS for your bankruptcy case https://leederslaw.com/order-bankruptcy-tax-returns https://leederslaw.com/order-bankruptcy-tax-returns#comments Thu, 04 Oct 2018 20:14:59 +0000 https://leederslaw.com/?p=674 When you file a bankruptcy case, you have to submit the last 4 years of IRS tax returns to the trustee. Do you save your old returns?  If so, good.  Experts say to hold on to your tax returns for …

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When you file a bankruptcy case, you have to submit the last 4 years of IRS tax returns to the trustee.

Do you save your old returns?  If so, good.  Experts say to hold on to your tax returns for 10 years. That’s a lot of paper if you don’t scan them in or get digital copies of your returns from your accountant, tax lawyer or tax preparer.

Luckily, if you did not save your copies, the IRS can get these to you.

Good news!  You can order the last 4 years of tax returns directly from the IRS. Your trustee will not usually want to see your state tax returns.

The best part about it? IT’S FREE!

Order your returns from the IRS here

First off, tax returns are needed to properly fill out your chapter 7 and chapter 13 bankruptcy petition.   Get these to your bankruptcy lawyer before you file your bankruptcy.  They will forward these to the trustee in your case.

Next, be sure to list any income tax liability on schedule E of your bankruptcy petition schedules if you owe back taxes. Some income tax is dischargeable in bankruptcy, if you can meet several of the US Bankruptcy code’s loopholes. As always, contact your bankruptcy attorney (hopefully it’s me!) to review the dischargeability rules for income taxes that you may owe. Timing is everything. Thankfully, we have tools to help you determine the best time to file your bankruptcy petition.   You must schedule income tax liability if you hope to discharge it.

Furthermore, if you haven’t filed returns, you should discuss this with your lawyer too. Most likely, your bankruptcy attorney will tell you to file your tax returns.  Likewise, if you are not required to file for a certain year, your lawyer should prepare an affidavit for you to get notarized.   The affidavit states that you are exempt from filing for the tax year.

Finally, I do not practice tax law;  I only focus on bankruptcy law.  For that reason,  be sure to talk with a tax attorney to properly advise you if you have to file a tax return in any given year.

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Documents needed for Illinois Bankruptcy filing https://leederslaw.com/documents-needed-for-illinois-bankruptcy-filing https://leederslaw.com/documents-needed-for-illinois-bankruptcy-filing#comments Wed, 20 Apr 2011 18:24:00 +0000 http://leederslaw.com/documents-needed-for-illinois-bankruptcy-filing In Illinois, a debtor who is filing for bankruptcy, whether it is chapter 7 or chapter 13 must provide documents to the trustee right after filing.   These documents include pay advices and income statements, as well as tax returns. …

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In Illinois, a debtor who is filing for bankruptcy, whether it is chapter 7 or chapter 13 must provide documents to the trustee right after filing.   These documents include pay advices and income statements, as well as tax returns.

Most people have their tax returns handy, and can forward a copy.   If not, the IRS can send you copies of the tax return transcripts (actually preferred by many of the trustees!).  You can call the IRS at 1-800-908-9946 to obtain copies (usually the last 4 years are needed).   You can also order them by mail using the following IRS Form 4506-T.   Best news, is that they are free!!

You also need to send the last 2 months of pay stubs or income statements to the trustee, and you need to use the information from the last 6 months before filing to help calculate your Means Test Calculation on Form 22.
Hopefully, you have the documents handy, or your employer can reprint them for you.   If you are unemployed, you can access your unemployment statements in Illinois here.

This will help expedite your case, as your case can be dismissed for failure to submit these documents to the trustee.   For further information, you can contact the attorneys of Leeders & Associates for a free bankruptcy consultation to review all of your options, and filing requirements.

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