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Florida Debtor(s) Election To Use A Portion of Tax Refund Pursuant To Confirmed Plan Terms

State:
Florida
Control #:
FL-SKU-0073
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PDF
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Debtor(s) Election To Use A Portion Of Tax Refund Pursuant To Confirmed Plan Terms

Florida Debtor(s) Election To Use A Portion of Tax Refund Pursuant To Confirmed Plan Terms is a process where a debtor in Florida can elect to apply a portion of their tax refund to their Chapter 13 bankruptcy plan. This election is made pursuant to the terms of a previously confirmed Chapter 13 Plan and must be approved by the Bankruptcy Court. There are two types of Florida Debtor(s) Election To Use A Portion of Tax Refund Pursuant To Confirmed Plan Terms: (1) Direct Transfer to Chapter 13 Trustee, where the debtor elects to transfer their tax refund directly to the Chapter 13 Trustee and (2) Debtor’s Use, where the debtor elects to use the tax refund for their own benefit. In either case, the Bankruptcy Court must approve the election before the debtor can use the tax refund.

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FAQ

Does a Chapter 11 bankruptcy erase a business's debts? Not exactly. Creditors often have to accept less under a court-approved reorganization plan. But the idea is for the business to keep earning money so it can pay back as much as possible.

Who Must File? All corporations (including tax-exempt organizations) doing business, earning income, or existing in Florida. Every bank and savings association doing business, earning income, or existing in Florida. All associations or artificial entities doing business, earning income, or existing in Florida.

Once you have paid off all of your chapter 13 bankruptcy debts, you will go to the bankruptcy court for one last hearing ? your discharge hearing. You have the option of directing your attorney to attend the hearing in your place. The bankruptcy judge will review all of your case details.

The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.

Since a chapter 12 or chapter 13 plan may provide for payments to be made over three to five years, the discharge typically occurs about four years after the date of filing.

When you electronically file and pay on time, you may take a collection allowance. Be sure to calculate it correctly. The collection allowance is 2.5% (.025) of the first $1,200 of tax due, not to exceed $30 for each reporting location.

If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case. Now, you'll be responsible for paying your creditors all of your original outstanding debt, including the amount that would've been discharged.

About 45 days after you've received your discharge, you will receive a document called a Final Decree. It's the document that officially closes your case. Once this document is received, you are no longer in bankruptcy.

More info

Debtor(s) will retain any income tax refunds received during the plan term. Clarified underpayment interest is generally computed to statement.To act as a disbursing agent for the debtor's payments to creditors under the confirmed plan of plan reorganization. You have a past due California income tax debt. If the debt is not paid in full, we will submit the debt to the U.S. Treasury Offset Program. You can file and pay your Florida corporate income tax return. 52.229-2 North Carolina State and Local Sales and Use Tax. If you must amend a BIRT return, complete a new tax return with the updated amount(s). You can file your return early and schedule the payments in advance. Provided in the application, paystubs, tax returns, and oral verifications.

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Florida Debtor(s) Election To Use A Portion of Tax Refund Pursuant To Confirmed Plan Terms