Why do some people owe taxes and others get a refund?

In a nutshell, over-withholding means you’ll get a refund at tax time. Under-withholding means you’ll owe. Many people try to get as close as possible to even so they get more money in their paychecks during the year, but don’t owe a lot or get a bigger refund at tax time.

Does Chapter 7 take your tax refund?

A tax refund is an asset in both Chapter 7 and Chapter 13 bankruptcy. It doesn’t matter whether you’ve already received the return or expect to receive it later in the year. As with all assets, when you file for bankruptcy, you can keep your return if you can protect it with a bankruptcy exemption.

Why was my tax return offset?

Your tax return may show you’re due a refund from the IRS. However, if you owe a federal tax debt from a prior tax year, or a debt to another federal agency, or certain debts under state law, the IRS may keep (offset) some or all your tax refund to pay your debt.

Is it possible for someone to steal your tax return?

Tax-related identity theft occurs when someone uses your stolen personal information, including your Social Security number, to file a tax return claiming a fraudulent refund. If you suspect you are a victim of identity theft, continue to pay your taxes and file your tax return, even if you must file a paper return.

Can You Keep your tax refund in Chapter 7 bankruptcy?

Keeping a Refund in Chapter 7 Bankruptcy. If you worried that you’d lose a refund in bankruptcy, there are things you can do to protect it. In most cases, you’ll be able to keep your tax refund if you: protect (exempt) the refund with a bankruptcy exemption.

What does it mean to file Chapter 7 bankruptcy?

Filing for Chapter 7 bankruptcy is also known as a straight or liquidation bankruptcy, partly because it is the simplest form of bankruptcy. Unlike other forms, including Chapter 13 bankruptcy, filing under Chapter 7 does not involve coming up with a repayment plan for repaying the debt you owe to creditors.

When to file dischargeable income tax debt in Chapter 7?

Key Takeaways. Dischargeable income tax debts in Chapter 7 bankruptcy must arise from a tax return that was filed at least three years ago. The tax must have been assessed at least 240 days before the filing of your bankruptcy petition. Taxes resulting from a fraudulent or frivolous return won’t qualify.

When does a tax refund become an asset in bankruptcy?

If not exempt, you can usually avoid the risk of the trustee taking all or part of the refund by holding off on filing the bankruptcy case until after you have received and spent the refund. At that point the tax refund is no longer your asset for bankruptcy purposes.

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