Income tax filing refund/owed - Form 122A-1 ?

[tg16]

How does the yearly filing of income tax affects the means test, and Form 122A-1 (monthly income)? We're just under the state media amount. There are some years I receive a refund and some years I owe Uncle Sam. A $1500 refund MIGHT put us over the state median income, and I wish to avoid that.
Should I file in November or December, do I estimate a refund or money owed?
Impossible

[justbroke]

Welcome to BKForum!

It typically does not affect Form 122A-1 in the sense that you may be thinking. That is because it is a return of earned income, already accounted for by your payroll stubs and your W-2 (or 1099 or other notice of payment of earned income). The bottom line is that your income on Form 122A-1 is based on your earned income as reported on payroll stubs (also known as W-2 and/or 1099 income). A tax refund is not income.

The real issue is that this would affect what is on Form 122A-2 (the Means Test). In the means test, you are allowed to deduct for income taxes. Since a refund is an "overpayment" of income taxes, the debtor (or their attorney) will "normally" recalculate the actual income tax amount and use that amount, rather than what is reported on the W-2 or payroll stubs. The reason why you make sure the tax deduction is accurate is because every Trustee is going to do the same exact thing; calculate your actual tax liability.

If you intend to file pro se (on your own), then you should take your average tax refund (converted to monthly amount) and add it back on Form 122A-2 (Means Test).