Discharging Taxes: The two-year rule - Orange County

Author: Christopher G Carmona CPA, APC | | Categories: Accounting Services , Amending Tax Returns , Audit Representation , Business Entity Selection , Certified Public Accountant , CPA Firm , Debt Resolution Services , Foreign Financial Accounts , Foreign Income , Installment Agreement , IRS Debt Resolution , IRS Installment Plans , IRS Notices , Licensed CPA , Offer in Compromise , Payroll Services , Self-Prepared Returns Reviewed , Tax Controversy , Tax Preparation Services , Tax Return Amendments , Tax Services , Unfiled Tax Returns

Blog by Christopher G Carmona CPA, APC

A late-filed tax return must have actually been filed more than two years before the bankruptcy petition date. In order for a document to be considered a ‘return,’ under either the bankruptcy or the tax laws, it must purport to be a return; be executed under penalty of per jury; contain sufficient data to allow calculation of tax; and represent an honest and reasonable attempt to satisfy the requirements of the tax laws.

Therefore, although a substitute for return SFR (Subsitute For Return) generally doesn’t count as a return, if the debtor signs the SFR (Subsitute For Return) it may constitute a return.  



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  • Blog by Christopher G Carmona CPA, APC
  • Blog by Christopher G Carmona CPA, APC
  • Blog by Christopher G Carmona CPA, APC
  • Blog by Christopher G Carmona CPA, APC