Florida Bankruptcy and Tax Attorney Explains How Bankruptcy Affects Tax Refunds and the Earned Income Tax Credit
When filing for personal bankruptcy, the right to receive a tax refund usually becomes property of the estate. In some instances, the debtor may have a property interest in excessive withholding by an employer, which will become part of a refund due after the filing of the bankruptcy. Such refund is prorated over the entire year, with the pre-bankruptcy portion considered property of the estate. There might be a way to protect your refunds though – Talk to a bankruptcy and tax attorney in the know!
Certain other tax credits also become part of the bankruptcy estate, however, there is some precedent for distinguishing the earned income tax credit. The Earned Income Tax Credit (EIC) is ax credit for certain people who work and have low wages. A tax credit usually means more money in your pocket. It reduces the amount of tax you owe. The EITC may also give you a refund. This tax credit is excluded from the estate because a debtor can have no legal or equitable interest in the credit prior to receiving it. Hence, the child tax credit can only be considered property of the estate after a full tax year ends.
The simplest way to ensure that a debtor will be able to retain control over a tax refund, whether or not it includes as earned income tax credit, is to wait for the refund to be received before filing for bankruptcy. Such refunds can then be used for living expenses of the debtor, including attorney’s fees or property that can be exempted once the bankruptcy is filed.
The delay of filing may not be appropriate if the tax return is subject to interception by the IRS on a government claim. In some situations, the government can seize both an overpayment of withholding taxes and the earned income tax credit. One way of protecting the right to a tax refund may be to elect to apply it to the following year’s taxes. Bankruptcy might even be the solution to getting rid of those tax problems – see if your taxes are eligible!
In many cases, a debtor can assert an exemption to protect a tax refund or the earned income tax credit based on federal or state wild card exemptions, or other state exemptions. The earned income tax credit may also qualify for exemption based on state or federal exemptions for public assistance benefits. Long story short – you should definitely talk to a qualified Florida Bankruptcy Attorney about these issues and PLEASE PLEASE PLEASE make sure that attorney has some knowledge about taxes too.
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