Short Year Tax Election and Tax Refunds
Posted: Wed Jun 07, 2017 10:39 pm
I would think the short year ends on the day before the petition (ie, the estate gets the tax year as of the date of the petition) and without a
filing, I don't think a taxpayer can simply say - I want to end by tax year and
claim a short year.
Again, I am not the tax professional on the day to day (even with the LLM in Tax), so your PC/Taxpayer and you should seek proper tax counseling.
Very truly yours,
Shai Oved
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In a message dated 6/7/2017 10:32:01 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Ahh...so the election can only be done after filing bankruptcy? (not sucha genius after all...)
On 6/7/2017 10:28 PM, ssoesq@aol.com [cdcbaa] wrote:
Mark,
You have out-done yourself. That is pretty genius BUT I doubt you will
get the tax refund prior to filing in time to spend on living expenses
because -
You would essentially have to file the bankruptcy first, then make the
election to file the short year, then file the return on paper within 3.5 months of the filing (ie, the equivalent of April 15...) (since I doubt the IRS
will accept a short-year election return electronicall), then wait out theprocessing of the return, and ultimate refund which could several months -but you may be able to exempt the tax refund and spend it on living
expenses once received.
I am not a tax preparer so I don't deal with the day-to-day tax issues sohopefully some of the tax professionals can chime in.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
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Shai Oved is a debt relief agency which helps people file for bankruptcy
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In a message dated 6/7/2017 10:20:04 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Anyone ever use a short year tax election to enable a debtor to receive atax refund prior to filing a bankruptcy case so the debtor can spend it (on
necessary living expenses, of course) prior to filing?
I've used it before to allow debtors to utilize loss carryforwards they
would otherwise lose under 26 USC 108, but not for protecting refunds.
Is that a viable option?
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