Discharging Taxes: The two-year rule - Orange County
A late-filed tax return must have actually been filed more than two years before the bankruptcy petition date. In order for a document to be considered a ‘return,’ under either the bankruptcy or the tax laws, it must purport to be a return; be executed under penalty of per jury; contain sufficient data to allow calculation of tax; and represent an honest and reasonable attempt to satisfy the requirements of the tax laws.
Therefore, although a substitute for return SFR (Subsitute For Return) generally doesn’t count as a return, if the debtor signs the SFR (Subsitute For Return) it may constitute a return. Â
Christopher G. Carmona CPA,CFE
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