Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Why Filing Tax Returns on Time is a Good Idea

Author: James F. McDonough

Date: November 20, 2015

Key Contacts

Back

Filing tax returns on time

I was asked if there is any drawback to not filing tax returns on time or to paying taxes late or not at all. Aside from the obvious, there are other ramifications that may not manifest for some time.

We encounter in our practice business owners who have fallen behind in paying income taxes. One of the options that must be considered is bankruptcy. Unfortunately, this alternative may not be available with respect to certain tax debts that are not dischargeable in bankruptcy. In the most general of terms, bankruptcy claims are either secured or unsecured, with the unsecured claims further divided into priority claims and general unsecured claims. Taxes are deemed to be pre-petition claims if the taxable year for the taxes ends before the taxpayer files the bankruptcy petition.

Business owner income tax returns & the law

This statement would appear to cover the business owner’s income tax returns until we ask if the income tax returns were filed timely.

Non-dischargeable claims in bankruptcies involving individuals, include tax debts with respect to which (1) a required return was not filed or was filed late and within two years before the bankruptcy petition was filed, or (2) the debtor made a fraudulent return or willfully attempted to evade tax.

The logic of the law is sound. An individual should not receive a discharge in bankruptcy for tax obligations if he or she does not file a return or files a fraudulent return. The late return is the more interesting provision. If taxpayers were allowed to file late and then discharge those taxes in bankruptcy, the IRS would never have the opportunity to initiate collection action. Moreover, if taxpayers could withhold returns for several years before filing those returns and filing bankruptcy, there would be significant revenue loss to the public and little incentive for anyone to file on time.

Why else is filing tax returns on time important?

There is another reason why filing timely is important. We represent executors of estates where a decedent, either divorced or never married, has passed away and left his property to children or siblings. In these instances, there is no one who can access information from online sources for the decedent’s self-prepared return or who has any inkling on how the non-filing parent kept records for income tax purposes. Although we are able to request copies of income tax returns and transcripts from the IRS, recent budget cuts (practitioner hotline) and data breaches has slowed the process significantly or stalled it altogether.

Another issue is whether the statute of limitations has run on income tax returns from prior years. In one matter, we do not know if or when returns were filed and this makes it difficult to assess if there is any risk from these filings. In the other matter, we are certain returns have not been filed. This would not a significant problem were it not for rental property (Schedule E) income and expense that is difficult to identify. In each instance, a timely filed return for the tax year before death would have provided a roadmap.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!