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
What Every Real Estate Investor Should Know Before Buying a Rental Property post image

What Every Real Estate Investor Should Know Before Buying a Rental Property

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]

Author: Donald M. Pepe

Link to post with title - "What Every Real Estate Investor Should Know Before Buying a Rental Property"
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls post image

Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]

Author: George McGowan

Link to post with title - "Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls"
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"

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!