When filing for an individual bankruptcy it is required that your income tax returns be completed. Without complete tax returns you cannot accurately report all of your assets (if you have any refunds due) or your debts (if you have any unpaid taxes due).
Your bankruptcy attorney or the bankruptcy trustee may ask for copies of these returns to verify your income, any tax debt owed or refunds received and to verify that the returns have been filed. Pursuant to 11 U.S.C. s. 521(e)(2)(A)(i), 7 days prior to the 341 meeting of creditors you are required to provide your most recent tax return to the trustee, and under 11 U.S.C. s. 521 (f)(2) the trustee, the court or any creditor can ask for your last 3 year's returns.
If you have lost copies of your old tax returns you or your attorney can obtain them by using IRS Form 4506-T Request for Transcript of Tax Return. You can also request a copy of your tax return or tax account information online on the IRS website or by telephone at 1-800-908-9946. In some instances, practitioners can obtain expedited information through the Practitioner Priority Service (PPS) and Electronic Account Resolution (EAR) systems.
If your attorney needs to talk to the IRS to resolve tax issues you may also need to provide them with a Form 2848 Power of Attorney.
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