Bankruptcy + Tax

Discussion in 'Accounting & Tax' started by Mr B Ruptcy, 19th Jan, 2021.

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  1. Mr B Ruptcy

    Mr B Ruptcy New Member

    Joined:
    19th Jan, 2021
    Posts:
    1
    Location:
    Central Coast NSW
    I have been on the very edge of bankruptcy for several years now. Covid just stalled it for an extra year.
    I would like to file in the next several weeks.

    Is it necessary to have any outstanding Tax returns or Bas statements filed before hand ?
    I have have been told that it isn't necessary
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,473
    Location:
    Sydney
    It depends. Refunds or tax due ? If its tax due the ATO become a creditorand the debts may be washed on release. If its a refund you keep the money if its a refund prior to bankruptcy. If after, the trustee keeps it. If you havent lodged then there is no bankruptcy debt so it could fall due after release. The tax debts would be part of your liabilities that may all be reason to pursue bankruptcy options. The trustee in bankruptcy may also need to lodge the returns in any event and this will likely cost more

    I would suggest legal advice