Where it concerns tax returns & the stimulus....
If you are filing within a period that includes the six month look back that includes receiving your tax return & the stimulus - what do you do?
In terms of tax returns, I have not seen them in the means test for my area. And I sorta forgot to look for the stimulus ~ I have seen some attorneys put tax returns in the financial statements.....and others not. So this is a grey area.
That being said - if a trustee wants a tax return included in the means - I don't see how that is fair. The return is for a 12 month period whereas the means test is only for 6 mos. I guess nothing is fair with this new law bk crap.
And also - insofar as the stimulus payment....I suppose that should be included in the SOFA but what about the means test? Again - a grey area....
For those close to the median - and depending on your area and the trustee - this could be a double-edged sword insofar as the means test. Many of us are waiting for tax returns & stimulus $$$ before filing (afraid that the trustees will take them) - but then after you receive and spend it - how do we deal with it on the bk paperwork?
My guess is that the saving grace here might lie in the schedule I & J. The stimulus doesn't happen every year and therefore should not count (at least in the schedules). And in my area, while some attorney's put tax returns in the SOFA - I've never seen them include it in Sched I.....
Just ponderings by a pro-se person.
If you are filing within a period that includes the six month look back that includes receiving your tax return & the stimulus - what do you do?
In terms of tax returns, I have not seen them in the means test for my area. And I sorta forgot to look for the stimulus ~ I have seen some attorneys put tax returns in the financial statements.....and others not. So this is a grey area.
That being said - if a trustee wants a tax return included in the means - I don't see how that is fair. The return is for a 12 month period whereas the means test is only for 6 mos. I guess nothing is fair with this new law bk crap.
And also - insofar as the stimulus payment....I suppose that should be included in the SOFA but what about the means test? Again - a grey area....
For those close to the median - and depending on your area and the trustee - this could be a double-edged sword insofar as the means test. Many of us are waiting for tax returns & stimulus $$$ before filing (afraid that the trustees will take them) - but then after you receive and spend it - how do we deal with it on the bk paperwork?
My guess is that the saving grace here might lie in the schedule I & J. The stimulus doesn't happen every year and therefore should not count (at least in the schedules). And in my area, while some attorney's put tax returns in the SOFA - I've never seen them include it in Sched I.....
Just ponderings by a pro-se person.
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