Why did Treasury keep my income tax refund when I'm in bankruptcy?
Treasury's ability to withhold a taxpayer's income tax refund is determined by the chapter under which the bankruptcy was filed:
- Chapter 7 - The refund is held until a discharge is issued.
- Chapter 11 (Business Filed) - Bankruptcy will offset an assessed officer's refund when:
- The business has defaulted in chapter 11 plan payments.
- The Pre-Petition debt exists and is not included for payment through the business bankruptcy.
- The confirmed plan will offset for Post Confirmation debt.
- Chapter 11 (Corporate Officer filed) - If a plan has been confirmed and there are post-confirmation debts, Treasury will apply corporate officer refunds to post-confirmation assessments.
- Chapter 13 - Income tax refunds are returned to taxpayers.