§1308 Filing of prepetition tax returns

Summary

Debtors must file with the tax agency all tax returns for tax periods that ended in the four years before they filed for bankruptcy. Those returns need to be filed no later than the day before the first scheduled meeting of creditors. If the returns are not filed by that day, the bankruptcy trustee can keep the creditors’ meeting open for a reasonable extra time, but the extra time cannot go past certain limits. For returns that were already late when the case started, the extra time ends 120 days after the meeting. For returns that were not yet due when the case started, the extra time ends at the later of 120 days after the meeting or the due date under the last automatic extension the debtor properly requested. A court, after notice and a hearing and before those deadlines expire, can extend the time if the debtor shows it is more likely than not that the missed filing was beyond the debtor’s control: up to 30 more days for returns that were already late, and only up to the extended due date for returns that were not yet due. Return: includes returns prepared under Internal Revenue Code section 6020 (or similar state/local rules), or a written agreement to a judgment or a final nonbankruptcy tribunal order.