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    Tax Question

    In my CH13 plan any tax refunds are pledged to the plan, however what happens if I owe additional state taxes? Can I use a portion of the Fed refund to pay those additional state taxes or do I just have to carve that out of my budget somewhere?

    IE: I am due $500 back from the feds, but owe an additional $100 to the state. Do I just send the trustee a net check of $400 along with my returns showing the accounting?

    #2
    Pick up the phone and call your attorney, because I suspect that districts and practices may vary on this.

    I'm in Michigan and have had the same thing happen the past 2 years. We've had to pay the State and the trustee gets the full Federal refund.

    The way it was explained is this: On our original schedules we showed having to pay more in income tax than what was withheld. Because of this the Federal refund after our filing was actually additional income. The amount owed to the State was "normal" per our schedules.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      In our state we add up the fed and state tax refunds and taxes owed to see where the total finishes. Our trustee allows us to keep any money left over after paying taxes owed under $2K. We very carefully adjust our withholdings to ensure we always end up with less than $2K coming back when the dust settles. So far, so good.

      The toughest part about taxes in Ch 13 is that trustee practices around them are so different across the country. I wish there was more consistency.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

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