Adds § 1308. Filing of prepetition tax returns
Requires Debtor to File Prepetition Tax Returns
§1308 requires the debtor to file all
tax returns for tax periods ending within the 4 years prior to the
filing of the case. All such returns must be filed on the day
before the §341 meeting, but the trustee may extend this time
period.
Text appearing below in blue is the same in
H.R.333 and S.420. Text
in maroon is only in H.R.333. Text in
green is only in S.420.
§ 1308. Filing of
prepetition tax returns
(a) Not later than the day before the date on
which the meeting of the creditors is first scheduled to be held under
section 341(a), if the debtor was required to file a tax return under
applicable nonbankruptcy law, the debtor shall file with appropriate tax
authorities all tax returns for all taxable periods ending during the
4-year period ending on the date of the filing of the petition.
(b)
(1) Subject to paragraph (2), if the tax
returns required by subsection (a) have not been filed by the date on
which the meeting of creditors is first scheduled to be held under
section 341(a), the trustee may hold open that meeting for a reasonable
period of time to allow the debtor an additional period of time to file
any unfiled returns, but such additional period of time shall not extend
beyond--
(A) for any return that is past due as of the
date of the filing of the petition, the date that is 120 days after
the date of that meeting; or
(B) for any return that is not past due as of
the date of the filing of the petition, the later of--
(i) the date that is 120 days after the
date of that meeting; or
(ii) the date on which the return is due
under the last automatic extension of time for filing that return to
which the debtor is entitled, and for which request is timely made,
in accordance with applicable nonbankruptcy law.
(2) Upon notice and hearing, and order entered
before the tolling of any applicable filing period determined under this
subsection, if the debtor demonstrates by a preponderance of the
evidence that the failure to file a return as required under this
subsection is attributable to circumstances beyond the control of the
debtor, the court may extend the filing period established by the
trustee under this subsection for--
(A) a period of not more than 30 days for
returns described in paragraph (1); and
(B) a period not to extend after the
applicable extended due date for a return described in paragraph (2).
(c) For purposes of this section, the term
`return' includes a return prepared pursuant to subsection (a) or (b) of
section 6020 of the Internal Revenue Code of 1986, or a similar State or
local law, or a written stipulation to a judgment or a final order entered
by a nonbankruptcy tribunal.
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