Who Files the Tax Returns Under SBRA

By Steven L. Walker, Esq. (San Jose, CA)

Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S.

Although the IRS also has not issued any formal guidance, answers can be found by reviewing the Internal Revenue Code, published agency guidance, and case law surrounding the filing obligations in chapter 7, 11, 12 and 13 cases.

Individual Chapter 7 or 11

When an individual files . . .

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