Department of the Treasury

Internal Revenue Service

Publication 908

(Rev. February 2024)

Cat. No. 15309S

Bankruptcy

Tax Guide

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Contents

Future Developments ...................... 1

What’s New ............................... 2

Reminders ............................... 2

Introduction .............................. 2

Bankruptcy Code Tax Compliance 

Requirements .......................... 3

Tax Returns Due for Periods Ending Before 

the Bankruptcy Filing in Chapter 13 Cases .... 3

Tax Returns Due After the Bankruptcy Filing ..... 3

Individuals in Chapter 12 or 13 ............... 4

Individuals in Chapter 7 or 11 ................ 4

Debtor's Election To End Tax Year—Form 

1040 or 1040-SR ...................... 4

Taxes and the Bankruptcy Estate ............. 6

Bankruptcy Estate—Income, Deductions, and 

Credits .............................. 6

Tax Reporting—Chapter 11 Cases ............ 8

Bankruptcy Estate Tax Return Filing 

Requirements and Payment of Tax Due ...... 9

Example—Tax Due ...................... 11

Partnerships and Corporations .............. 12

Filing Requirements ..................... 12

Partnerships ........................... 12

Corporations .......................... 12

Determination of Tax ...................... 13

Prompt Determination Requests ............ 13

Court Jurisdiction Over Tax Matters ........... 15

Bankruptcy Court ....................... 15

Tax Court ............................. 16

Federal Tax Claims ........................ 16

Discharge of Unpaid Tax .................. 17

Debt Cancellation ......................... 18

Exclusions ............................ 18

Reduction of Tax Attributes ................ 19

Partnerships ........................... 20

Corporations .......................... 20

Example—Tax Attribute Reduction ........... 21

How To Get Tax Help ....................... 21

Index .................................. 26

Future Developments

For the latest information about developments related to 

Pub. 908, such as legislation enacted after it was 

published, go to IRS.gov/Pub908.

Mar 1, 2024
What’s New

Bankruptcy estate filing threshold. For tax year 2023, 

the requirement to file a return for a bankruptcy estate applies only if gross income is at least $13,850. This amount 

is equal to the standard deduction for married individuals 

filing a separate return and is generally adjusted annually. 

See the Instructions for Form 1041 for updates to the filing 

threshold amount for future years.

Reminders

Bankruptcy administrative expenses. Bankruptcy administrative expenses are reported on Schedule 1 (Form 

1040) as allowable in arriving at adjusted gross income. 

These expenses were previously reported on Schedule A 

(Form 1040) as miscellaneous itemized deductions. See 

Internal Revenue Code section 67(e) and Final 

Regulations - TD9918. For specific reporting instructions, 

see Administrative expenses, later.

Automatic 6-month extension of time to file a bankruptcy estate return. An automatic 6-month extension 

of time to file a bankruptcy estate income tax return is 

available for individuals in chapter 7 or chapter 11 bankruptcy proceedings upon filing a required application.

Bankruptcy Code tax filing requirements. Debtors filing under chapters 7, 11, 12, and 13 of the Bankruptcy 

Code must file all applicable federal, state, and local tax 

returns that become due after a case commences. Failure 

to file tax returns timely or obtain an extension can cause 

a bankruptcy case to be converted to another chapter or 

dismissed.

In chapter 13 cases, the debtor must file all required 

tax returns for tax periods ending within 4 years of the filing of the bankruptcy petition.

Photographs of missing children. The Internal Revenue Service is a proud partner with the National Center for 

Missing & Exploited Children® (NCMEC). Photographs of 

missing children selected by the Center may appear in 

this publication on pages that would otherwise be blank. 

You can help bring these children home by looking at the 

photographs and calling 1-800-THE-LOST 

(1-800-843-5678) if you recognize a child.

Introduction

This publication isn't intended to cover bankruptcy 

law in general, or to provide detailed discussions 

of the tax rules for the more complex corporate 

bankruptcy reorganizations or other highly technical transactions. Additionally, this publication isn't updated on an 

annual basis and may not reflect recent developments in 

bankruptcy or tax law. If you need more guidance on the 

bankruptcy or tax laws applicable to your case, you should 

seek professional advice.

CAUTION

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This publication explains the basic federal income tax 

aspects of bankruptcy.

A fundamental goal of the bankruptcy laws enacted by 

Congress is to give an honest debtor a financial “fresh 

start.” This is accomplished through the bankruptcy discharge, which is a permanent injunction (court-ordered 

prohibition) against the collection of certain debts as a 

personal liability of the debtor.

Bankruptcy proceedings begin with the filing of either a 

voluntary petition in the United States Bankruptcy Court 

or, in certain cases, an involuntary petition filed by creditors. This filing creates the bankruptcy estate.

• The bankruptcy estate generally consists of all of the 

assets the individual or entity owns on the date the 

bankruptcy petition was filed.

• The bankruptcy estate is treated as a separate taxable 

entity for individuals filing bankruptcy petitions under 

chapter 7 or 11 of the Bankruptcy Code, discussed 

later.

• The tax obligations of taxable bankruptcy estates are 

discussed later under Individuals in Chapter 7 or 11.

Generally, when a debt owed to another person or entity is canceled, the amount canceled or forgiven is considered income that is taxed to the person owing the debt. 

If a debt is canceled under a bankruptcy proceeding, the 

amount canceled isn't income. However, the canceled 

debt reduces other tax benefits to which the debtor would 

otherwise be entitled. See Debt Cancellation, later.

Useful Items

You may want to see:

Publication

Farmer's Tax Guide

Taxable and Nontaxable Income

Net Operating Losses (NOLs) for Individuals, 

Estates, and Trusts

Accounting Periods and Methods

Sales and Other Dispositions of Assets

1 Basis of Assets

4681 Canceled Debts, Foreclosures, 

Repossessions, and Abandonments

Form (and Instructions)

SS-4 Application for Employer Identification Number

982 Reduction of Tax Attributes Due to Discharge of 

Indebtedness (and Section 1082 Basis 

Adjustment)

1040 U.S. Individual Income Tax Return

Schedule SE (Form 1040) Self-Employment Tax

1040-SR U.S. Tax Return for Seniors

1040-X Amended U.S. Individual Income Tax Return

1041 U.S. Income Tax Return for Estates and Trusts

 225

 525

 536

 538

 544

 551

 4681

 SS-4

 982

 1040

 Schedule SE (Form 1040)

 1040-SR

 1040-X

 1041

2 Publication 908 (2-2024)
stimated Income Tax for Estates and 

Trusts

Payment Voucher for Estates and Trusts

Request for Copy of Tax Return

Request for Transcript of Tax Return

Substitute for Form W-2, Wage and Tax 

Statement, or Form 1099-R, Distributions From 

Pensions, Annuities, Retirement or 

Profit-Sharing Plans, IRAs, Insurance 

Contracts, etc.

Application for Automatic Extension of Time To 

File U.S. Individual Income Tax Return

Application for Automatic Extension of Time To 

File Certain Business Income Tax, Information, 

and Other Returns

See How To Get Tax Help, later, for information about getting these publications and forms.

Bankruptcy Code Tax 

Compliance Requirements

Tax Returns Due for Periods Ending 

Before the Bankruptcy Filing in 

Chapter 13 Cases

The Bankruptcy Code requires chapter 13 debtors to file 

all required tax returns for tax periods ending during 

the 4-year period ending on the date of the filing of 

the debtor's bankruptcy filing. All such federal tax returns must be filed with the IRS before the date first set for 

the first meeting of creditors. The debtor may request the 

trustee to hold the meeting open for an additional 120 

days to enable the debtor to file the returns (or until the 

day the returns are due under an automatic IRS extension, 

if later). After notice and hearing, the bankruptcy court 

may extend the period for another 30 days.

Failure to timely file the returns can prevent confirmation of a chapter 13 plan and result in either 

dismissal of the chapter 13 case or conversion to 

a chapter 7 case.

Note. Individual debtors should use their home address when filing Form 1040 or 1040-SR with the IRS. Returns should not be filed “in care of” the trustee's address.

Ordering tax transcripts and copies of returns. Trustees may require the debtor to submit copies or transcripts 

of the debtor's returns as proof of filing. The debtor can request free transcripts of the debtor's income tax returns by 

filing Form 4506-T with the IRS or by going to IRS.gov/

Transcripts. Click on either “Get Transcript Online” or “Get 

Transcript by Mail” to order a free copy of the transcript. If 

preferred, the transcript can be ordered by calling 

800-908-9946. If requested through the phone system, 

the transcript will be mailed to the debtor's most current 

 1041-ES

 1041-V

 4506

 4506-T

 4852

 4868

 7004

CAUTION

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address according to the IRS's records. Transcripts requested using Form 4506-T may be mailed to any address, including to the attention of the trustee in the debtor's bankruptcy case. Transcripts are normally mailed 

within 10 to 15 days of receipt of the request by the IRS. A 

transcript contains most of the information on the debtor's 

filed return, but it isn't a copy of the return. To request a 

copy of the debtor's filed return, file Form 4506 with a $30 

fee for each copy of each return requested. It may take up 

to 75 calendar days for the IRS to provide the copies after 

receipt of the debtor's request.

Tax Returns Due After the Bankruptcy 

Filing

For debtors filing bankruptcy under all chapters (chapters 

7, 11, 12, and 13), the Bankruptcy Code provides that if 

the debtor does not file a tax return that becomes due after the commencement of the bankruptcy case, or obtain 

an extension for filing the return before the due date, the 

taxing authority may request that the bankruptcy court either dismiss the case or convert the case to a case under 

another chapter of the Bankruptcy Code. If the debtor 

does not file the required return or obtain an extension 

within 90 days after the request is made, the bankruptcy 

court must dismiss or convert the case.

Tax returns and payment of taxes in chapter 11 cases. The Bankruptcy Code provides that a chapter 11 

debtor's failure to timely file tax returns and pay taxes 

owed after the date of the “order for relief” (the bankruptcy 

petition date in voluntary cases) is cause for dismissal of 

the chapter 11 case, conversion to a chapter 7 case, or 

appointment of a chapter 11 trustee.

Disclosure of debtor's return information to trustee. 

In bankruptcy cases filed under chapter 7 or 11 by individuals, the debtor's income tax returns for the year the bankruptcy case begins and for earlier years are, upon written 

request, open to inspection by or disclosure to the trustee. 

If the bankruptcy case was not voluntary, disclosure cannot be made before the bankruptcy court has entered an 

order for relief, unless the court rules that the disclosure is 

needed for determining whether relief should be ordered.

In bankruptcy cases other than those of individuals filing under chapter 7 or 11, the debtor's income tax returns 

for the current and prior years are, upon written request, 

open to inspection by or disclosure to the trustee, but only 

if the IRS finds that the trustee has a material interest that 

will be affected by information on the return. Material interest is generally defined as a financial or monetary interest. 

Material interest isn't limited to the trustee's responsibility 

to file a return on behalf of the bankruptcy estate.

However, the U.S. Trustee (an officer of the Department 

of Justice responsible for maintaining and supervising a 

panel of private trustees for chapter 7 bankruptcy cases) 

and the standing chapter 13 trustee (the administrator of 

chapter 13 cases in a specific geographic region) generally don't have a material interest in the debtor’s return or 

return information.

Publication 908 (2-2024) 3
Disclosure of bankruptcy estate's return information 

to debtor. The bankruptcy estate's tax return(s) is open, 

upon written request, to inspection by or disclosure to the 

individual debtor in a chapter 7 or 11 bankruptcy. Disclosure of the estate's return to the debtor may be necessary 

to enable the debtor to determine the amount and nature 

of the tax attributes, if any, that the debtor assumes when 

the bankruptcy estate terminates.

Individuals in Chapter 12 or 13

Only individuals may file a chapter 13 bankruptcy. Chapter 13 relief isn't available to corporations or partnerships. 

The bankruptcy estate is not treated as a separate entity 

for tax purposes when an individual files a petition under 

chapter 12 (Adjustment of Debts of a Family Farmer or 

Fisherman with Regular Annual Income) or 13 (Adjustment of Debts of an Individual with Regular Income) of the 

Bankruptcy Code. In these cases, the individual continues 

to file the same federal income tax returns that were filed 

prior to the bankruptcy petition, Form 1040 or 1040-SR.

On the debtor's individual tax return, Form 1040 or 

1040-SR, report all income received during the entire year 

and deduct all allowable expenses. Don't include in income the amount from any debt canceled due to the debtor's bankruptcy. To the extent the debtor has any losses, 

credits, or basis in property that were previously reduced 

as a result of canceled debt, these reductions must be included on the debtor's return. See Debt Cancellation, 

later.

Interest on trust accounts in chapter 13 cases. In 

chapter 13 proceedings, do not include interest earned on 

amounts held by the trustee in trust accounts as income 

on the debtor's return. This interest isn't available to either 

the debtor or creditors; it is available only to the trustee for 

use by the U.S. Trustee system. The interest is also not 

taxable to the trustee as income.

Individuals in Chapter 7 or 11

When an individual debtor files for bankruptcy under 

chapter 7 or 11 of the Bankruptcy Code, the bankruptcy 

estate is treated as a new taxable entity, separate from the 

individual taxpayer.

The bankruptcy estate in a chapter 7 case is represented by a trustee. The trustee is appointed to administer the 

estate and liquidate any nonexempt assets. In chapter 11 

cases, the debtor often remains in control of the assets as 

a “debtor-in-possession” and acts as the bankruptcy 

trustee. However, the bankruptcy court, for cause, may 

appoint a trustee if such appointment is in the best interests of the creditors and the estate.

During the chapter 7 or 11 bankruptcy, the debtor continues to file an individual tax return on Form 1040 or 

1040-SR. The bankruptcy trustee files a Form 1041 for the 

bankruptcy estate. However, when a debtor in a 

chapter 11 bankruptcy case remains a debtor-in-possession, the debtor must file both a Form 1040 or 1040-SR individual return and a Form 1041 estate return for the bankruptcy estate (if return filing requirements are met).

Although spouses may file a joint bankruptcy petition 

for their jointly administered bankruptcy estates, the estates are treated as two separate entities for tax purposes. 

Two separate bankruptcy estate income tax returns must 

be filed (if each spouse separately meets the filing requirements).

For information about determining the tax due and paying tax for a chapter 7 or 11 bankruptcy estate, see Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due, later.

Debtor's Election To End Tax 

Year—Form 1040 or 1040-SR

Short tax years. An individual debtor in a chapter 7 or 11 

case may elect to close the debtor's tax year for the year 

in which the bankruptcy petition is filed, as of the day before the date on which the bankruptcy case commences. If 

the debtor makes this election, the debtor's tax year is 

divided into 2 short tax years of less than 12 months each. 

The first tax year ends on the day before the commencement date and the second tax year begins on the commencement date.

If the election is made, the debtor's federal income tax 

liability for the first short tax year becomes an allowable 

claim against the bankruptcy estate arising before the 

bankruptcy filing. Also, the tax liability for the first short tax 

year isn't subject to discharge under the Bankruptcy 

Code.

If the debtor does not make an election to end the tax 

year, the commencement of the bankruptcy case does not 

affect the debtor's tax year. Also, no part of the debtor's income tax liability for the year in which the bankruptcy case 

commences can be collected from the bankruptcy estate.

Note. The debtor cannot make a short tax year election if no assets, other than exempt property, are in the 

bankruptcy estate.

Making the Election—Filing Requirements

First short tax year. The debtor can elect to end the 

debtor's tax year by filing a return on Form 1040 or 

1040-SR for the first short tax year. The return must be 

filed on or before the 15th day of the 4th full month after 

the end of that 1st tax year.

Second short tax year. If the debtor elects to end the 

tax year on the day before filing the bankruptcy case, the 

debtor must file the return for the first short tax year in the 

manner discussed above.

If the debtor makes this election, the debtor must also 

file a separate Form 1040 or 1040-SR for the second short 

tax year by the regular due date. To avoid delays in processing the return, write “Second Short Year Return After 

Section 1398 Election” at the top of the return.

4 Publication 908 (2-2024)
Example. Kori Doe, an individual calendar year taxpayer, filed a bankruptcy petition under chapter 7 or 11 on 

May 8. If Kori elected to close the tax year at the commencement of Kori’s case, the first short tax year runs 

from January 1 through May 7. The second short tax year 

runs from May 8 through December 31. To have a timely 

filed election for the first short tax year, Kori must file Form 

1040 or 1040-SR (or an extension of time to file) for the 

period January 1 through May 7 by September 15.

To avoid delays in processing the return, write “Section 

1398 Election” at the top of the return. The debtor may 

also make the election by attaching a statement to Form 

4868. The statement must state that the debtor elects under Internal Revenue Code section 1398(d)(2) to close the 

debtor's tax year on the day before filing the bankruptcy 

case. The debtor must file Form 4868 by the due date of 

the return for the first short tax year. The debtor's spouse 

may also elect to close their individual tax year; see Election by debtor's spouse next.

Election by debtor's spouse. If the debtor is married, 

the debtor's spouse may join in the election to end the tax 

year. If the debtor and spouse make a joint election, the 

debtor must file a joint return for the first short tax year. 

The debtor must make the election by the due date for filing the return for the first short tax year. Once the election 

is made, it cannot be revoked for the first short tax year. 

However, the election does not prevent the debtor and the 

spouse from filing separate returns for the second short 

tax year.

Later bankruptcy of spouse. If the debtor's spouse 

files for bankruptcy later in the same year, that spouse 

may also choose to end their own tax year, regardless of 

whether that spouse joined in the election to end the debtor's tax year.

As each spouse has a separate bankruptcy, one or 

both of them may have 3 short tax years in the same calendar year. If the debtor's spouse joined the debtor's election or if the debtor had not made the election to end the 

tax year, the debtor can join in the spouse's election. However, if the debtor made an election and the spouse did 

not join that election, the debtor cannot then join the spouse's later election. The debtor and the spouse are precluded from this election because they have different tax 

years. This results because the debtor does not have a tax 

year ending the day before the spouse's filing for bankruptcy, and the debtor cannot file a joint return for a year 

ending on the day before the spouse's filing of bankruptcy.

Example 1. Chris and Jesse Harris are calendar-year 

taxpayers. Chris’s voluntary chapter 7 bankruptcy case 

begins on March 4.

If Chris does not make an election, Chris’s tax year 

does not end on March 3. If Chris makes an election, the 

first tax year is January 1–March 3, and the second tax 

year begins on March 4. Jesse could join in Chris’s election as long as they file a joint return for the tax year January 1–March 3. They must make the election by July 15, 

the due date for filing the joint return.

Example 2. Ash and Kyle Barnes are calendar-year 

taxpayers. Ash’s voluntary chapter 7 bankruptcy case begins on May 6, and Kyle’s bankruptcy case begins on November 1 of the same year.

Kyle could elect to end the tax year on October 31. If 

Ash did not elect to end the tax year on May 5, or elected 

to do so but Kyle had not joined in that election, Kyle 

would have 2 tax years in the same calendar year if Kyle 

closed the tax year. Kyle’s first tax year is January 1–October 31, and the second year is November 1–December 

31.

If Ash did not end the tax year as of May 5, Ash could 

join in Kyle's election to close the tax year on October 31, 

but only if they file a joint return for the tax year January 1–

October 31.

If Ash elected to end the tax year on May 5, but Kyle did 

not join in Ash’s election, Ash cannot join in Kyle's election 

to end the tax year on October 31. Ash and Kyle cannot 

file a joint return for that short tax year because their tax 

years preceding October 31 were not the same.

Example 3. Reg and Lee Thomas are calendar-year 

taxpayers. Lee’s voluntary chapter 7 bankruptcy case began on April 10, and Reg’s voluntary chapter 7 bankruptcy 

case began on October 3 of the same year. Lee elected to 

close the tax year on April 9 and Reg joins in Lee’s election.

Under these facts, Reg would have 3 tax years for the 

same calendar year if Reg makes the election relating to 

Reg’s own bankruptcy case. The first tax year would be 

January 1–April 9; the second, April 10–October 2; and 

the third, October 3–December 31.

Lee may join in Reg’s election if they file a joint return 

for the second short tax year (April 10–October 2). If Lee 

does join in, Lee would have the same 3 short tax years as 

Reg. Also, if Lee joins in Reg’s election, they may file a 

joint return for the third tax year (October 3–December 

31), but they aren't required to do so.

Annualizing taxable income. If the debtor elects to 

close the tax year, the debtor must annualize taxable income for each short tax year in the same manner a 

change in annual accounting period is calculated. See 

Short Tax Year in Pub. 538 for information on how to annualize the debtor's income and to figure the tax for the short 

tax year.

Dismissal of bankruptcy case. If the bankruptcy court 

later dismisses an individual chapter 7 or 11 case, the 

bankruptcy estate is no longer treated as a separate taxable entity. It is as if no bankruptcy estate was created for 

tax purposes. In this situation, the debtor must file amended tax returns on Form 1040-X to replace all full- or 

short-year individual returns (Form 1040 or 1040-SR) and 

bankruptcy estate returns (Form 1041) filed as a result of 

the bankruptcy case. Income, deductions, and credits previously reported by the bankruptcy estate must be reported on the debtor's amended returns. Attach a statement 

to the amended returns explaining why the debtor is filing 

an amended return.

Publication 908 (2-2024) 5
Taxes and the Bankruptcy Estate

Property of the bankruptcy estate. At the commencement of a bankruptcy case, a bankruptcy estate is created. Bankruptcy law determines which of the debtor's assets become part of a bankruptcy estate. This estate 

generally includes all of the debtor's legal and equitable 

interests in property as of the commencement date. However, there are exceptions and certain property is exempted or excluded from the bankruptcy estate.

Note. Exempt property and abandoned property are 

initially part of the bankruptcy estate, but are subsequently 

removed from the estate. Excluded property is never included in the estate.

Transfer of assets between debtor and bankruptcy 

estate. The transfer (other than by sale or exchange) of 

an asset from the debtor to the bankruptcy estate isn't 

treated as a disposition for income tax purposes. The 

transfer does not result in gain or loss, acceleration of income or deductions, or recapture of deductions or credits. 

For example, the transfer of an installment obligation to 

the estate would not accelerate gain under the rules for reporting installment sales. The estate assumes the same 

basis, holding period, and character of the transferred assets. Also, the estate generally accounts for the transferred assets in the same manner as the debtor.

When the bankruptcy estate is terminated or dissolved, 

any resulting transfer (other than by sale or exchange) of 

the estate's assets back to the debtor is also not treated 

as a disposition for tax purposes. The transfer does not result in gain or loss, acceleration of income or deductions, 

or recapture of deductions or credits to the estate.

Abandoned property. The abandonment of property 

by the estate to the debtor is a nontaxable disposition of 

property. If the debtor received abandoned property from 

the bankruptcy estate, the debtor assumes the same basis in the property that the bankruptcy estate had.

Separate taxable entity. When an individual files a 

bankruptcy petition under chapter 7 or 11, the bankruptcy 

estate is treated as a separate taxable entity from the 

debtor. The court appointed trustee or the debtor-in-possession is responsible for preparing and filing all of the 

bankruptcy estate's tax returns, including its income tax 

return, on Form 1041, and paying its taxes. The debtor remains responsible for filing their own returns on Form 

1040 or 1040-SR and paying taxes on income that does 

not belong to the estate.

Employer identification number (EIN). The trustee or 

debtor-in-possession must obtain an EIN for a bankruptcy 

estate. The trustee or debtor-in-possession uses this EIN 

on all tax returns filed for the bankruptcy estate with the 

IRS, including estimated tax returns. See Employer identification number (EIN) under Bankruptcy Estate Tax Return 

Filing Requirements and Payment of Tax Due, later.

The social security number (SSN) of the individual 

debtor cannot be used as the EIN for the bankruptcy estate.

Income, deductions, and credits—Form 1040 or 

1040-SR. In an individual chapter 7 or 11 bankruptcy 

case, don't include the income, deductions, and credits 

that belong to the bankruptcy estate on the debtor's individual income tax return (Form 1040 or 1040-SR). Also, 

don't include as income on the debtor's return the amount 

of any debt canceled by reason of the bankruptcy discharge. The bankruptcy estate must reduce certain losses, credits, and the basis in property (to the extent of 

these items) by the amount of canceled debt. See Debt 

Cancellation, later.

Note. The debtor may not be able to claim certain deductions available to the bankruptcy estate, such as administrative expenses. Additionally, the bankruptcy exclusion cannot be used to exclude income from a canceled 

debt if the discharge of indebtedness was not within the 

bankruptcy case, even though the debtor was under the 

bankruptcy court's protection at the time. However, other 

exclusions, such as the insolvency exclusion, may apply.

Bankruptcy Estate—Income, 

Deductions, and Credits

Bankruptcy Estate Income

Income of the estate in individual chapter 7 cases. 

The gross income of the bankruptcy estate includes gross 

income of the debtor to which the estate is entitled under 

the Bankruptcy Code. Gross income also includes income 

generated by the bankruptcy estate from property of the 

estate after the commencement of the case.

Gross income of the bankruptcy estate does not include amounts received or accrued by the debtor before 

the commencement of the case. Additionally, in chapter 7 

cases, gross income of the bankruptcy estate does not include any income that the debtor earns after the date of 

the bankruptcy petition.

Income of the estate in individual chapter 11 cases. 

In chapter 11 cases, under Internal Revenue Code section 

1398(e)(1), gross income of the bankruptcy estate includes income that the debtor earns for services performed after the bankruptcy petition date. Also, earnings 

from services performed by an individual debtor after the 

commencement of the chapter 11 case are property of the 

bankruptcy estate under section 1115 of the Bankruptcy 

Code (11 U.S.C. section 1115).

Note. A debtor-in-possession may be compensated by 

the estate for managing or operating a trade or business 

that the debtor conducted before the commencement of 

the bankruptcy case. Such payments should be reported 

by the debtor as miscellaneous income on their individual 

income tax return (Form 1040 or 1040-SR).

Amounts paid by the estate to the debtor-in-possession 

for managing or operating the trade or business may 

CAUTION

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6 Publication 908 (2-2024)
qualify as administrative expenses of the estate. See Administrative expenses, later.

Conversion or dismissal of chapter 11 cases. If a 

chapter 11 case is converted to a chapter 13 case, the 

chapter 13 estate isn't a separate taxable entity and earnings from post-conversion services and income from property of the estate realized after the conversion to chapter 13 are taxed to the debtor. If the chapter 11 case is 

converted to a chapter 7 case, 11 U.S.C. section 1115 

does not apply after conversion and:

• Earnings from post-conversion services will be taxed 

to the debtor, rather than the estate; and

• The property of the chapter 11 estate will become 

property of the chapter 7 estate.

Any income on this property will be taxed to the estate 

even if the income is realized after the conversion to chapter 7. If a chapter 11 case is dismissed, the debtor is treated as if the bankruptcy case had never been filed and as 

if no bankruptcy estate had been created.

Bankruptcy Estate Deductions and Credits

A bankruptcy estate deducts expenses incurred in a trade, 

business, or activity, and uses credits in the same way the 

debtor would have deducted or credited them had they 

continued operations.

Note. Expenses may be disallowed under other provisions of the Internal Revenue Code (such as the disallowance of certain capital expenditures or expenses relating 

to tax-exempt interest).

Administrative expenses. Allowable expenses include 

administrative expenses.

Administrative expenses can only be deducted by 

the estate, never by the debtor.

The bankruptcy estate is allowed deductions for bankruptcy administrative expenses and fees, including accounting fees, attorney fees, and court costs. These expenses are deductible on Schedule 1 (Form 1040), as 

allowable in arriving at adjusted gross income because 

they would not have been incurred if property had not 

been held by the bankruptcy estate. See Internal Revenue 

Code section 67(e) and Final Regulations - TD9918.

Note. Report this amount as a write-in on Schedule 1 

(Form 1040), Part II, line 24z.

Administrative expenses of the bankruptcy estate attributable to conducting a trade or business or for the production of estate rents or royalties are deductible in arriving at 

adjusted gross income on Form 1040 or 1040-SR, Schedules C, E, and F.

Note. The bankruptcy estate uses Form 1041 as a 

transmittal for the tax return prepared using Form 1040 or 

1040-SR and its schedules. See Transmittal for Form 

1040 or 1040-SR under Bankruptcy Estate Tax Return Filing Requirements and Payment of Tax Due, later.

CAUTION

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Administrative expense loss (AEL). If the administrative expenses of the bankruptcy estate are more than 

its gross income for a tax year, the excess amount is an 

AEL. An AEL may be carried back 3 years and forward 7 

years. The AEL amounts can only be carried to a tax year 

of the estate and never to a debtor's tax year. An AEL 

must first be carried back to the earliest year possible. 

However, net operating loss (NOL) carrybacks (see Carrybacks from the bankruptcy estate, later, regarding farm 

losses) and carryovers must be applied against income of 

the estate (and are reduced) before administrative loss 

carrybacks and carryovers. See Internal Revenue Code 

section 1398(h)(2)(C).

Attribute carryovers. The bankruptcy estate may use its 

tax attributes the same way that the debtor would have 

used them. These items are determined as of the first day 

of the debtor's tax year in which the bankruptcy case begins. The bankruptcy estate assumes the following tax attributes from the debtor.

1. NOL carryovers.

2. Carryovers of excess charitable contributions.

3. Recovery of tax benefit items.

4. Credit carryovers.

5. Capital loss carryovers.

6. Basis, holding period, and character of assets.

7. Method of accounting.

8. Passive activity loss and credit carryovers.

9. Unused at-risk deductions.

10. Other tax attributes provided in the regulations.

Certain tax attributes of the bankruptcy estate must be 

reduced by the amount of income that was previously excluded as a result of cancellation of debt during the bankruptcy proceeding. See Debt Cancellation, later.

When the bankruptcy estate is terminated (for example, 

when the case ends), the debtor assumes any remaining 

tax attributes previously taken over by the bankruptcy estate. The debtor also generally assumes any of the tax attributes, listed above, that arose during the administration 

of the bankruptcy estate.

Note. The debtor does not assume the bankruptcy estate's AELs because they cannot be used by an individual 

taxpayer filing Form 1040 or 1040-SR. See Administrative 

expense loss, earlier.

Passive and at-risk activities. For bankruptcy cases 

beginning after November 8, 1992, passive activity carryover losses and credits and unused at-risk deductions are 

treated as tax attributes passing from the debtor to the 

bankruptcy estate, which the estate then passes back to 

the debtor when the bankruptcy estate terminates. Additionally, transfers to the debtor (other than by sale or exchange) of interests in passive or at-risk activities are treated as nontaxable exchanges. These transfers include the 

return of exempt property and abandonment of estate 

property to the debtor.

Publication 908 (2-2024) 7
Carrybacks from the debtor's activities. The debtor 

cannot carry back any NOL or credit carryback from a tax 

year ending after the bankruptcy case has begun to any 

tax year ending before the case began.

Carrybacks from the bankruptcy estate. The estate 

may carry back excess credits, such as the general business credit, to the pre-bankruptcy tax years.

Generally, an NOL arising in a tax year beginning in 

2021 or later may not be carried back and instead must be 

carried forward indefinitely. However, farming losses arising in tax years beginning in 2021 or later may be carried 

back 2 years and carried forward indefinitely. See Pubs. 

536 and 225 for more information.

Tax Reporting—Chapter 11 Cases

Allocation of income and credits on information returns and required statement for returns for individual chapter 11 cases. In chapter 11 cases, when an employer issues a Form W-2, Wage and Tax Statement, 

reporting all of the debtor's wages, salary, or other compensation for a calendar year, and a portion of the earnings represents post-petition services includible in the estate's gross income, the Form W-2 amounts must be 

allocated between the estate and the debtor. The 

debtor-in-possession or trustee must allocate the income 

amount reported in box 1 and the income tax withheld reported in box 2 between the debtor and the estate. These 

allocations must reflect that the debtor's gross earnings 

from post-petition services and gross income from 

post-petition property are, generally, includible in the estate's gross income and not the debtor's gross income. 

The debtor and trustee may use a simple percentage 

method to allocate income and income tax withheld. The 

same method must be used to allocate the income and 

the withheld tax.

Example. If 20% of the wages reported on Form W-2 

for a calendar year were earned after the commencement 

of the case and are included in the estate's gross income, 

20% of the withheld income tax reported on Form W-2 

must also be claimed as a credit on the estate's income 

tax return. Likewise, 80% of wages must be reported by 

the debtor and 80% of the income tax withheld must be 

claimed as a credit on the debtor's income tax return. See 

Internal Revenue Code section 31(a).

If information returns are issued to the debtor for gross 

income, gross proceeds, or other reportable payments 

that should have been reported to the bankruptcy estate, 

the debtor-in-possession or trustee must allocate the improperly reported income in a reasonable manner between the debtor and the estate. In general, the allocation 

must ensure that any income and income tax withheld attributable to the post-petition period are reported on the 

estate's return, and any income and income tax withheld 

attributable to the pre-petition period are reported on the 

debtor's return.

IRS Notice 2006-83 requires the debtor to attach a 

statement to their individual income tax return (Form 1040 

or 1040-SR) stating that the return is filed subject to a 

chapter 11 bankruptcy case. The statement must also:

• Show the allocations of income and income tax withheld;

• Describe the method used to allocate income and income tax withheld; and

• List the filing date of the bankruptcy case, the bankruptcy court in which the case is pending, the bankruptcy court case number, and the bankruptcy estate's 

EIN.

Note. The debtor-in-possession or trustee must attach a similar statement to the bankruptcy estate's income 

tax return (Form 1041).

The model Notice 2006-83 Statement, shown later, 

may be used by debtors, debtors-in-possession, and 

trustees to satisfy the reporting requirement.

Self-employment taxes in individual chapter 11 cases. Internal Revenue Code section 1401 imposes a tax 

upon self-employment income, that is, the net earnings 

from self-employment of an individual. Net earnings from 

self-employment are equal to the gross income derived by 

an individual from any trade or business carried on by 

such individual, less deductions attributable to the business.

Neither section 1115 of the Bankruptcy Code nor Internal Revenue Code section 1398 addresses the application of self-employment tax to the post-petition earnings of 

the individual debtor. Therefore, if the debtor continues to 

derive gross income from the performance of services as 

a self-employed individual after the commencement of the 

bankruptcy case, the debtor must continue to report the 

debtor's self-employment income on Schedule SE (Form 

1040) of the debtor's income tax return. This schedule includes self-employment income earned post-petition and 

the attributable deductions. The debtor must pay any 

self-employment tax imposed by Internal Revenue Code 

section 1401.

Employment taxes and employer's obligation to file 

Form W-2 in individual chapter 11 cases. In chapter 11 cases, post-petition wages earned by a debtor are 

generally treated as gross income of the estate. However, 

section 1115 of the Bankruptcy Code does not affect the 

determination of what are deemed wages for Federal Insurance Contributions Act (FICA) tax, Federal Unemployment Tax Act (FUTA) tax, or federal income tax withholding purposes. See Notice 2006-83.

The reporting and withholding obligations of a debtor's 

employer also don't change. An employer should continue 

to report the wages and tax withholding on a Form W-2 issued under the debtor's name and SSN.

Notice to persons required to file information returns 

(other than Form W-2) in individual chapter 11 cases. 

Within a reasonable time after the commencement of a 

chapter 11 bankruptcy case, the trustee or debtor-in-possession should provide notification of the bankruptcy estate's EIN to all persons (or entities) that are required to 

file information returns for the bankruptcy estate's gross 

8 Publication 908 (2-2024)
income, gross proceeds, or other types of reportable payments. See Internal Revenue Code section 6109(a)(2). As 

these payments are the property of the estate under section 1115 of the Bankruptcy Code, the payors should report the gross income, gross proceeds, or other reportable 

payments on the appropriate information return using the 

estate's name and EIN, as required under the Internal 

Revenue Code and regulations (see Internal Revenue 

Code sections 6041 through 6049).

The trustee or debtor-in-possession should not, however, provide the EIN to a person (or entity) filing Form 

W-2 reporting the debtor's wages or other compensation, 

as section 1115 of the Bankruptcy Code does not affect 

the determination of what constitutes wages for purposes 

of federal income tax withholding or FICA. See Notice 

2006-83. An employer should continue to report all wage 

income and tax withholding, both pre-petition and 

post-petition, on a Form W-2 to the debtor under the debtor's SSN.

The debtor in a chapter 11 case isn't required to file a 

new Form W-4, Employee’s Withholding Certificate, with 

an employer solely because the debtor filed a chapter 11 

case and the post-petition wages are includible in the estate's income and not the debtor's income. However, a 

new Form W-4 may be necessary if the debtor is no longer 

entitled to claim the same adjustments previously claimed 

because certain deductions or credits now belong to the 

estate. See Employment Tax Regulations section 

31.3402(f)(2)-1. Additionally, the debtor may wish to file a 

new Form W-4 to increase the income tax withheld from 

post-petition wages allocated to the estate to avoid having 

to make estimated tax payments for the estate. See Internal Revenue Code section 6654(a).

Notice required in converted and dismissed cases. 

When a chapter 11 bankruptcy case is closed, dismissed, 

or converted to a chapter 12 or 13 case, the bankruptcy 

estate ends as a separate taxable entity. The debtor 

should, within a reasonable time, send notice of such 

event to the persons (or entities) previously notified of the 

bankruptcy case. This helps to ensure that gross income, 

proceeds, and other reportable payments realized after 

the event are reported to the debtor under the correct taxpayer identification number (TIN) rather than to the estate.

When a chapter 11 case is converted to a chapter 7 

case, the bankruptcy estate will continue to exist as a separate taxable entity. Gross income (other than post-conversion income from the debtor's services), gross proceeds, or other reportable payments should continue to 

be reported to the estate if they are property of the chapter 7 estate. However, income from services performed by 

the debtor after conversion of the case to chapter 7 isn't 

property of the chapter 7 estate. After the conversion, the 

debtor should notify payors required to report the debtor's 

nonemployee compensation that compensation earned 

after the conversion should be reported using the debtor's 

name and TIN, not the estate's name and EIN.

Employment taxes. The trustee or debtor-in-possession 

must withhold income, social security, and Medicare taxes 

and file employment tax returns for any wages paid by the 

trustee or debtor, including wage claims paid as administrative expenses. See Pub. 15, (Circular E), Employer's 

Tax Guide, for details on employer tax responsibilities.

The trustee also has the duty to prepare and file Forms 

W-2 for wage claims paid by the trustee, regardless of 

whether the claims accrued before or during bankruptcy. 

For a further discussion of employment taxes, see Employment Taxes, later.

Bankruptcy Estate Tax Return Filing 

Requirements and Payment of Tax 

Due

Filing Requirements

Filing threshold. If the bankruptcy estate has gross income that meets or exceeds the minimum amount required for filing, the trustee or debtor-in-possession must 

Notice 2006-83

Notice 2006-83 Statement

Pending Bankruptcy Case

The taxpayer, , filed a bankruptcy petition under chapter 11 of the Bankruptcy Code in the bankruptcy court for the 

District of . The bankruptcy court case number is . Gross income, and withheld federal income tax, 

reported on Form W-2, Forms 1099, Schedule K-1, and other information returns received under the taxpayer's name and social security number (or 

other taxpayer identification number) are allocated between the taxpayer's TIN and the bankruptcy estate's EIN as follows, using [describe allocation 

method]: .

Year Taxpayer Estate

1. Form W-2, Payor: $ $

Withheld income tax shown on Form W-2 $ $

2. Form 1099-INT Payor: $ $

Withheld income tax (if any) shown on Form 1099-INT $ $

3. Form 1099-DIV Payor: $ $

Withheld income tax (if any) shown on Form 1099-DIV $ $

4. Form 1099-MISC Payor: $ $

Withheld income tax (if any) shown on Form 1099-MISC $ $

Publication 908 (2-2024) 9
file an income tax return on Form 1041. This amount is 

equal to the basic standard deduction for a married individual filing separately.

For 2023, the threshold filing amount for a bankruptcy 

estate is $13,850 (this amount is equal to the $13,850 

standard deduction for married individuals filing separately).

This amount is generally adjusted annually. See the 

Form 1041 instructions at IRS.gov/Form1041 for the current threshold amount for future years.

Accounting period. A bankruptcy estate may have a fiscal year. However, this period cannot be longer than 12 

months.

Change of accounting period. The bankruptcy estate may change its accounting period (tax year) once 

without IRS approval. This rule allows the bankruptcy 

trustee to close the estate's tax year early, before the expected termination of the bankruptcy estate. The trustee 

can then file a return for the first short tax year to get a 

quick determination of the estate's tax liability.

Employer identification number (EIN). The trustee or 

debtor-in-possession must obtain an EIN for a bankruptcy 

estate. The trustee or debtor-in-possession uses this EIN 

on all tax returns filed for the bankruptcy estate with the 

IRS, including estimated tax returns.

The SSN of the individual debtor cannot be used 

as the EIN for the bankruptcy estate.

Obtain an EIN for a bankruptcy estate by applying in 

one of the following ways.

• Apply for an EIN online. Go to the IRS website at 

IRS.gov/EIN. The EIN is issued immediately once the 

application information is validated.

• By mailing or faxing Form SS-4.

If the trustee or debtor-in-possession hasn't received 

the bankruptcy estate's EIN by the time the return is due, 

write “Applied for” and the date you applied in the space 

for the EIN. For more details, see Pub. 583, Starting a 

Business and Keeping Records.

Trustees representing 10 or more bankruptcy estates 

(other than estates that will be filing employment or excise 

tax returns) may request a series or block of EINs.

Figuring tax due. The bankruptcy estate figures its taxable income the same way an individual figures taxable income. However, the estate uses the tax rates for a married 

individual filing separately to calculate the tax on its taxable income. The estate may either itemize deductions or 

take the basic standard deduction for a married individual 

filing a separate return. The estate cannot take the higher 

standard deduction allowed for married persons filing separately who are 65 or older or blind.

Tax rate schedule. The tax on income for bankruptcy estates is calculated using the tax rate 

schedule for Married Individuals Filing Separately, 

not the Estates and Trusts tax rate schedule.

CAUTION

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CAUTION

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When to file. Calendar-year bankruptcy estates must file 

Form 1041 by April 15. Fiscal-year bankruptcy estates 

must file on or before the 15th day of the 4th month following the close of its tax year. For example, an estate that 

has a tax year that ends on June 30 must file Form 1041 

by October 15 of the tax year. If the due date falls on a 

Saturday, Sunday, or legal holiday, file on the next business day.

Note. The bankruptcy estate is allowed an automatic 

6-month extension of time to file the bankruptcy estate tax 

return upon filing the required application, Form 7004.

An estate (other than a bankruptcy estate) and a trust 

filing Form 1041 are eligible for an automatic 51/2-month 

extension of time to file, which is due September 30. 

Bankruptcy estate income tax returns are due October 15 

(unless a fiscal year) and are eligible for a 6-month extension. See Form 7004.

Transmittal for Form 1040 or 1040-SR. Form 1041 is 

used as a transmittal for Form 1040 or 1040-SR. If a return is required, the trustee or debtor-in-possession must 

complete the identification area at the top of Form 1041 

and indicate the chapter under which the bankruptcy estate filed, either chapter 7 or chapter 11.

Prepare the bankruptcy estate's return by completing 

Form 1040 or 1040-SR. In the top margin of Form 1040 or 

1040-SR, write “Attachment to Form 1041—DO NOT DETACH.” Then, attach Form 1040 or 1040-SR to the Form 

1041 transmittal. Enter the tax and payment amounts on 

lines 24 through 30 of Form 1041, then sign and date the 

return. An example of a bankruptcy estate's tax return is 

shown later.

Note. The filing of the bankruptcy estate's tax return 

does not relieve a debtor from the requirement to file their 

individual tax return on Form 1040 or 1040-SR.

Payment of Tax Due

Payment methods. Payment of tax due may be made by 

check or money order or by credit or debit card. For information on how to make payments electronically by debit 

or credit card or digital wallet, go to IRS.gov/PayByCard.

Payments may also be made electronically using the 

Electronic Federal Tax Payment System (EFTPS), a free 

tax payment system that allows you to make payments online or by phone. To get more information about EFTPS or 

to enroll in EFTPS, go to EFTPS.gov or call 800-555-4477. 

To contact EFTPS using the Telecommunications Relay 

Services (TRS), for people who are deaf, hard of hearing, 

or have a speech disability, dial 711 and provide the TRS 

assistant the 800-555-4477 number above or 

800-733-4829. For more information, see Pub. 966, Electronic Federal Tax Payment System: A Guide to Getting 

Started.

Payment voucher—Form 1041-V. Form 1041-V accompanies payments made by check or money order for Form 

1041. The voucher includes information about the bankruptcy estate, including the name of the bankruptcy 

10 Publication 908 (2-2024)
estate, trustee, EIN, and amount due. Using Form 1041-V 

assists the IRS in processing the payment more accurately and efficiently. We recommend the use of Form 

1041-V; however, there is no penalty if the voucher isn't 

used.

Estimated tax—Form 1041-ES. In most cases, the 

trustee or debtor-in-possession must pay any required 

estimated tax due for the bankruptcy estate. See the Form 

1041-ES instructions for information on the minimum 

threshold amount required for filing Form 1041-ES, paying 

the estimated tax, and exceptions to filing.

Employment Taxes

The trustee or debtor-in-possession must withhold income, social security, and Medicare taxes and file employment tax returns for any wages paid by the trustee or 

debtor, including wage claims paid as administrative expenses. Until these employment taxes are deposited, as 

required by the Internal Revenue Code, they should be set 

aside in a separate bank account to ensure that funds are 

available to satisfy the liability. If the employment taxes 

aren't paid as required, the trustee may be held personally 

liable for payment of the taxes. See Pub. 15 for details on 

employer tax responsibilities. Also see Notice 931, Deposit Requirements for Employment Taxes, for details on 

the deposit rules, including the requirement that federal 

employment tax deposits be made by electronic funds 

transfer.

The trustee also has a duty to prepare and file Forms 

W-2, for wage claims paid by the trustee, regardless of 

whether the claims accrued before or during bankruptcy. If 

the debtor fails to prepare and file Forms W-2 for wages 

paid before bankruptcy, the trustee should instruct the employees to file a Form 4852, Substitute for Form W-2, 

Wage and Tax Statement, or Form 1099-R, Distributions 

From Pensions, Annuities, Retirement or Profit-Sharing 

Plans, IRAs, Insurance Contracts, etc., with their individual 

income tax returns.

Example—Tax Due

This publication isn't revised annually. Future 

changes to the forms and their instructions may 

not be reflected in this example.

Note. The following information was prepared for tax 

year 2023. In 2023, the threshold filing amount for a bankruptcy estate was $13,850 (this amount is equal to the 

$13,850 standard deduction for married individuals filing 

separately).

Facts and circumstances. On December 15, 2022, Dylan Smith filed a bankruptcy petition under chapter 7. Riley 

Black was appointed trustee to administer the bankruptcy 

estate and to distribute the assets.

The estate received the following assets from Dylan.

1. A $100,000 certificate of deposit.

CAUTION

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2. Commercial rental real estate with a fair market value 

(FMV) of $280,000.

3. A personal residence with an FMV of $200,000.

Also, the estate received a $251,500 capital loss carryover.

Dylan's bankruptcy case was closed on December 31, 

2023. During 2023, Dylan was relieved of $70,000 of debt 

by the bankruptcy court. The estate chose a calendar year 

as its tax year. Riley, the trustee, reviews the estate's 

transactions and reports the taxable events on the estate's 

final return.

Schedule B (Form 1040). The certificate of deposit 

earned $5,500 of interest during 2023. Riley reports this 

interest on Schedule B. Riley completes this schedule, 

then enters the result on Form 1040 or 1040-SR.

Form 4797. The commercial real estate was sold on July 

1, 2023, for $280,000. The property was purchased in 

2004 at a cost of $250,000. Additionally, $25,000 of selling 

expenses were incurred. Assume the total depreciation allowable as of the date of sale was $125,000. Riley reports 

the gain of $130,000 from the sale on Form 4797 and then 

enters the gain on Schedule D (Form 1040).

Dylan's former residence was sold on September 30, 

2023. The sale price was $200,000, the selling expenses 

were $20,000, and Dylan’s adjusted basis was $140,000. 

This sale is excluded from gross income under Internal 

Revenue Code section 121.

Note. Gains from the sale of personal residences are 

excluded from gross income up to $250,000 under Internal Revenue Code section 121 ($500,000 for married couples filing a joint return). Bankruptcy estates succeed to 

this exclusion at the commencement of the case. See 

Regulations section 1.1398-3.

Schedule E (Form 1040). The commercial real estate 

was rented through the date of sale. Riley reports the income and expenses on Schedule E. In 2023, there was 

net rental income of $40,000. Riley completes this schedule, then enters the net income on Schedule 1 (Form 

1040), Part I, line 5.

Schedule D (Form 1040). Riley completes Schedule D, 

taking into account the $251,500 capital loss carryover 

from 2022. Riley then enters the 2023 allowable capital 

loss of $1,500 from Schedule D on Form 1040 or 

1040-SR.

Schedule 1 (Form 1040). Riley reports the net rental income of $40,000 from Schedule E on Schedule 1 (Form 

1040), Part I, line 5. Riley also reports the bankruptcy estate’s administrative expenses of $10,000 as an adjustment to income on Schedule 1 (Form 1040), Part II, 

line 24z. Riley completes this schedule, then enters the result on Form 1040 or 1040-SR.

Schedule A (Form 1040). During 2023, the bankruptcy 

estate paid mortgage interest of $10,000 and real property 

tax of $4,000 on Dylan’s former residence. It also paid income tax of $1,000 to the state. Riley enters the mortgage 

Publication 908 (2-2024) 11
interest, real estate tax, and income tax on Schedule A. 

Riley completes Schedule A, then enters the total itemized 

deductions of $15,000 on Form 1040 or 1040-SR.

Form 982. Riley completes the Schedule D Tax Worksheet to figure the capital loss carryover. Because 

$70,000 of debt was canceled, Riley must reduce the tax 

attributes of the estate by the amount of the canceled 

debt. See Debt Cancellation, later. After the bankruptcy 

case ends, Dylan will assume the estate's tax attributes. 

Dylan will assume a capital loss carryover of $50,000 

($120,000 carryover minus the $70,000 attribute reduction) for use in preparation of Dylan’s individual tax return 

(Form 1040 or 1040-SR).

Note. If the bankruptcy estate had continued, the capital loss carryover would be available to the bankruptcy estate for the 2024 tax year.

Tax computation. The bankruptcy estate’s 2023 tax due 

is computed as follows.

Income:

Interest income ................ $ 5,500

Capital loss ................. (1,500)

Net rental income ............. 40,000

Total income ........................... $44,000

Minus: Adjustments to income .............. 10,000

Adjusted gross income .................... $34,000

Minus: Itemized deductions ............... 15,000

Taxable income ........................ $19,000

Tax due ............................. $2,063

Form 1040 or 1040-SR. Riley determines the bankruptcy estate's taxable income and figures its tax using the 

tax rate schedule for Married Individuals Filing Separately.

Form 1041. Riley enters the total tax, any estimated 

tax payments, and tax due from Form 1040 or 1040-SR on 

Form 1041. Riley completes the identification area at the 

top of Form 1041, then signs and dates the return as the 

trustee on behalf of the bankruptcy estate.

Partnerships and Corporations

Filing Requirements

A separate taxable estate isn't created when a partnership 

or corporation files a bankruptcy petition and their tax return filing requirements don't change. The debtor-in-possession, or court-appointed trustee, must file the entity's 

income tax returns on Form 1065, U.S. Return of Partnership Income; Form 1120, U.S. Corporation Income Tax 

Return; or Form 1120-S, U.S. Income Tax Return for an S 

Corporation.

In cases where a trustee isn't appointed, the 

debtor-in-possession continues business operations and 

remains in possession of the business' property during the 

bankruptcy proceeding. The debtor-in-possession, rather 

than the general partner of a partnership or corporate 

officer of a corporation, assumes the fiduciary responsibility to file the business' tax returns.

Partnerships

The filing requirements for a partnership in a bankruptcy 

proceeding don't change. However, the responsibility to 

file the required returns becomes that of the trustee or 

debtor-in-possession.

A partnership's debt that is canceled as a result of the 

bankruptcy proceeding isn't included in the partnership's 

income. However, it may or may not be included in the individual partner’s income. See Partnerships, later, under 

Debt Cancellation.

Corporations

The filing requirements for a corporation in a bankruptcy 

proceeding also don't change. A bankruptcy trustee, or 

debtor-in-possession, having possession of or holding title 

to substantially all of the property or business operations 

of the debtor corporation, must file the debtor's corporate 

income tax return for the tax year.

The following discussion only highlights bankruptcy tax rules applying to corporations. The 

complex details of corporate bankruptcy reorganizations are beyond the scope of this publication. Therefore, you may wish to seek the help of a professional tax 

advisor. See Corporations under Debt Cancellation, later, 

for information about a corporation's debt canceled in a 

bankruptcy proceeding.

Tax-Free Reorganizations

The tax-free reorganization provisions of the Internal Revenue Code allow a corporation to transfer all or part of its 

assets to another corporation in a bankruptcy under title 

11 of the United States Code. However, under the reorganization plan, the stock or securities of the corporation 

to which the assets are transferred must be distributed in 

a transaction that qualifies under Internal Revenue Code 

section 354, 355, or 356.

Generally, Internal Revenue Code section 354 provides 

that no gain or loss is recognized if a corporation's stock 

or securities are exchanged solely for stock or securities in 

a corporation that is a party to the reorganization under a 

qualifying reorganization plan. In this case, shareholders 

in the bankrupt corporation would recognize no gain or 

loss if they exchange their stock solely for stock or securities of the corporation acquiring the bankrupt corporation's 

assets. Similarly, creditors who hold securities in the bankrupt corporation would recognize no gain or loss if they exchange their securities for stock or securities of an equal 

principal amount of a corporation that is a party of reorganization under a qualifying reorganization plan.

CAUTION

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12 Publication 908 (2-2024)
Internal Revenue Code section 355 generally provides 

that no gain or loss is recognized by a shareholder or security holder if a corporation distributes solely stock or securities (or securities of any equal principal amount where 

securities are exchanged for securities) of another corporation that the distributing corporation controls immediately before the distribution.

Internal Revenue Code section 356 allows tax-free exchanges in situations that would qualify under Internal 

Revenue Code section 354 or 355, except that other property or money, in addition to the permitted stock or securities, is received by the shareholder. In this situation, gain 

is recognized by the shareholder, but only to the extent of 

the money and the FMV of the other property received. No 

loss is recognized in this situation.

Exemption From Tax Return Filing

A trustee in a corporate bankruptcy case may apply to the 

IRS for relief from filing federal income tax returns for the 

corporation. To qualify, the corporation must have ceased 

business operations and have no assets or income for the 

tax year. The exemption request must be submitted to the 

local IRS Insolvency Office handling the case.

The request to the IRS must include the name, address, and EIN of the corporation and a statement of the 

facts (with any supporting documents) showing why the 

debtor needs relief from the filing requirements. The request must also include the following statement.

“I hereby request relief from filing federal income tax returns for tax years ending _____ for the above-named corporation and declare under penalties of perjury that to the 

best of my knowledge and belief the information contained 

herein is correct.”

The statement must be signed by the trustee. The IRS 

will act on your request within 90 days.

Disclosure of return information to trustee. Upon written request, current and earlier returns of the debtor are 

open to inspection by or disclosure to the trustee. However, in bankruptcy cases other than those of individuals 

filing under chapter 7 or 11, such as a corporate bankruptcy, the IRS must find that the trustee has a material interest that will be affected by information on the return. 

Material interest is generally defined as a financial or monetary interest. Material interest isn't limited to the trustee's 

responsibility to file a return on behalf of the bankruptcy 

estate.

Receiverships

Court-established receiverships sometimes arise in connection with bankruptcies. Certain court-established receiverships should be treated as qualified settlement 

funds (QSFs) for purposes of Internal Revenue Code section 468B and the underlying Treasury regulations. QSFs 

are required to file an annual income tax return, Form 

1120-SF, U.S. Income Tax Return for Settlement Funds. 

More information about QSFs may be found in Regulations sections 1.468B-1 through -5.

Determination of Tax

The determination of the proper amount of tax due for a 

tax year begins with the bankruptcy estate's filing of Form 

1041, and the individual debtor's filing of Form 1040 or 

1040-SR, or for bankrupt entities filing Form 1065, 1120, 

or 1120-S. After a return is filed, the IRS will either accept 

the return as filed or select the return for examination. Under examination, the IRS may redetermine the tax liability 

shown on the return. If the bankruptcy estate or debtor 

disagrees with the redetermined tax due, the tax as redetermined by the IRS may be contested in the bankruptcy 

court, or Tax Court, as applicable. See Court Jurisdiction 

Over Tax Matters, later.

Prompt Determination Requests

Pursuant to Revenue Procedure 2006-24, 2006-22 I.R.B. 

943, available at IRS.gov/irb/2006-22_IRB/ar12, as modified by Announcement 2011-77, available at IRS.gov/irb/

2011-51_IRB/ar13, the bankruptcy trustee may request a 

determination of any unpaid tax liability incurred by the 

bankruptcy estate during the administration of the case by 

filing a tax return and a request for such determination 

with the IRS. Unless the return is fraudulent or contains a 

material misrepresentation, the estate, trustee, debtor, 

and any successor to the debtor are discharged from liability upon payment of the tax:

1. As determined by the IRS;

2. As determined by the bankruptcy court, after completion of the IRS examination; or

3. As shown on the return, if the IRS does not:

a. Notify the trustee within 60 days after the request 

for determination that the return has been selected 

for examination, or

b. Complete the examination and notify the trustee of 

any tax due within 180 days after the request (or 

any additional time permitted by the bankruptcy 

court).

Making the request for determination. As detailed in 

Revenue Procedure 2006-24, as modified by Announcement 2011-77, to request a prompt determination of any 

unpaid tax liability of the estate, the trustee must file a 

signed written request, in duplicate, with the IRS. The 

trustee should send the request using the preferred 

method by fax to: 844-250-2035. This fax number is 

only for prompt packages. No other items should be faxed 

to this number. The trustee can also mail the request to 

the following address, marked “Request for Prompt Determination.”

Publication 908 (2-2024) 13
Internal Revenue Service

Centralized Insolvency Operation

P.O. Box 7346

Philadelphia, PA 19101-7346

The request must be submitted in duplicate and must 

be executed under penalties of perjury. In addition, the 

trustee must submit along with the request an exact copy 

of the return(s) filed by the trustee with the IRS for each 

completed tax period. The request must contain the following information.

• A statement indicating that it is a Request for Prompt 

Determination of Tax Liability, specifying the type of return and tax period for each return being filed.

• The name and location of the office where the return 

was filed.

• The name of the debtor.

• Debtor's SSN, TIN, or EIN.

Note. In the case of an individual, the request must include the debtor's SSN or TIN. In the case of a 

non-individual, the request must include the debtor's 

EIN.

• Type of bankruptcy estate.

• Bankruptcy case number.

• Court where the bankruptcy case is pending.

The copy of the return(s) submitted with the request 

must be an exact copy of a valid return. A request for 

prompt determination will be considered incomplete and 

returned to the trustee if it is filed with a copy of a document that does not qualify as a valid return.

To qualify as valid, a return must meet certain criteria, including a signature under penalties of perjury. A document filed by the trustee with the jurat 

stricken, deleted, or modified doesn’t qualify as a valid return.

Examination of return. The IRS will notify the trustee 

within 60 days from receipt of the request whether the return filed by the trustee has been selected for examination 

or has been accepted as filed. If the return is selected for 

examination, it will be examined as soon as possible. The 

IRS will notify the trustee of any tax due within 180 days 

from receipt of the application or within any additional time 

permitted by the bankruptcy court.

If a prompt determination request is incomplete, all the 

documents received by the IRS will be returned to the 

trustee by the assigned Centralized Insolvency Operation 

office with an explanation identifying the missing item(s) 

and instructions to re-file the request once corrected.

Once corrected, the request must be filed with the IRS 

at the Centralized Insolvency Operation office address 

specified in the correspondence accompanying the returned incomplete request.

In the case of an incomplete request submitted with a 

copy of an invalid return document, the trustee must file a 

valid original return with the appropriate IRS office and 

CAUTION

!

submit a copy of that return with the corrected request 

when the request is re-filed.

Note. An incomplete request includes those submitted 

with a copy of a return form, the original of which does not 

qualify as a valid return.

The 60-day period to notify the trustee whether the return is accepted as filed or has been selected for examination does not begin to run until a complete request package is received by the IRS. The complete request 

package must be filed with the Field Insolvency Office 

specified by the IRS in its correspondence returning the 

incomplete request for the 60-day period to begin to run.

If the IRS does select the estate's return for examination and redetermines the tax shown on the return, the 

trustee may contest the IRS's determination in bankruptcy 

court. See Bankruptcy Court, later.

The automatic stay. When the debtor files a petition with 

the bankruptcy court, the debtor receives the protection of 

the automatic stay. The automatic stay arises as a matter 

of law and, with certain exceptions, suspends most collection activity. The automatic stay applies to all entities, including governmental units.

The automatic stay prohibits acts to collect taxes that 

arose before the bankruptcy filing. IRS collection actions 

such as serving Notices of Federal Tax Lien or Levy are 

prohibited if they were intended to collect pre-bankruptcy 

debts or property of the estate. The automatic stay also 

stops the commencement or continuation of civil actions, 

including certain Tax Court cases.

Generally, the automatic stay to collect taxes continues 

until either the bankruptcy court lifts the stay, the bankruptcy case is closed or dismissed, or the debtor receives 

a discharge.

Note. The stay against property of the estate does not 

end (as long as the property is in the estate) unless the 

stay is lifted (removed).

Tax audits and the automatic stay. The automatic 

stay does not prohibit the IRS from determining the 

amount of a tax that is owed. The automatic stay does not 

prohibit:

1. An audit to determine tax liability,

2. A demand for tax returns,

3. The issuance of a Notice of Deficiency, or

4. Assessing a tax and sending a notice and demand for 

payment.

Assessment of tax. Assessment is the statutorily required recording of a tax liability. During a bankruptcy 

case, the IRS may make an assessment of tax due and issue a notice and demand for payment. This grant of authority is a specific exception to the “automatic stay” rules 

discussed below.

Accordingly, after the correct amount of tax is determined by the IRS, bankruptcy court, or Tax Court, the IRS 

14 Publication 908 (2-2024)
may assess the tax due against the bankruptcy estate and 

issue a notice and demand for payment.

Statute of limitations for collection. Bankruptcy affects 

the time the IRS can collect tax. The IRS generally has 10 

years to collect tax from the date it was assessed. This is 

called the Collection Statute Expiration Date (CSED). A 

bankruptcy case usually prevents the IRS from actively 

collecting tax while a bankruptcy is pending, and certain 

assets are under the bankruptcy court’s control. The 

CSED is usually suspended from the day the bankruptcy 

is filed (petition date) and ends when the bankruptcy is 

discharged, dismissed, or closed. The IRS, by law, adds 

another 6-months to the CSED following the end of the 

bankruptcy.

Offsets of refunds during the automatic stay. Generally, the automatic stay prevents the IRS from offsetting 

the refund against a tax liability; however, the IRS may 

freeze the refund until the stay is lifted. The IRS can offset 

a pre-petition income tax refund against a pre-petition income tax liability while the automatic stay is in effect.

Requests for Refund or Credit

If the debtor has already claimed a refund or credit for an 

overpayment of tax on a properly filed return or claim for 

refund, the trustee may rely on that claim. However, if the 

credit or refund was not claimed by the debtor, the trustee 

may make the request on behalf of the bankruptcy estate 

by filing the original or amended return or form. The 

trustee should send the request using the preferred 

method by fax to: 844-250-2035. The fax is only for 

prompt refund packages. No other items should be faxed 

to this number. The trustee can also mail the request to 

the following address.

Internal Revenue Service

Centralized Insolvency Operation

P.O. Box 7346

Philadelphia, PA 19101-7346

The return must be marked “Request for Prompt Refund” and accompanied by a written statement explaining 

that the request is being submitted pursuant to section 

505(a) of the Bankruptcy Code. See Revenue Procedure 

2010-27, as modified by Announcement 2011-77.

The appropriate form for the trustee to use in making 

the claim for refund is as follows.

1. For income taxes for which an individual debtor filed a 

Form 1040 or 1040-SR, the trustee should use a Form 

1040-X.

2. For income taxes for which a corporate debtor filed a 

Form 1120, the trustee should use a Form 1120-X, 

Amended U.S. Corporation Income Tax Return.

3. For income taxes for which a debtor filed a form other 

than Form 1040 or 1040-SR, or Form 1120, the 

trustee should use the same type of form that the 

debtor had originally filed, and write “Amended 

Return” at the top of the form.

4. For taxes other than certain excise taxes or income 

taxes for which the debtor filed a return, the trustee 

should use a Form 843, Claim for Refund and Request for Abatement, and attach an exact copy of any 

return that is the subject of the claim along with a 

statement of the name and location of the office 

where the return was filed.

5. For excise taxes reported on Form 720, 730, or 2290, 

the trustee should use Form 8849, Claim for Refund 

of Excise Taxes or Form 720-X, Amended Quarterly 

Federal Excise Tax Return, as appropriate.

6. For overpayment of taxes of the bankruptcy estate 

incurred during the administration of the case, the 

trustee may use a properly executed tax return (for income taxes, a Form 1041) as a claim for refund or 

credit.

Note. Any post-petition amended returns submitted 

must also be signed by the trustee or debtor-in-possession that is claiming the credit or refund. Pre-petition 

amended returns need to be signed by the debtor.

Once the IRS receives the trustee's claim for refund, it 

will examine the refund claim on an expedited basis and 

notify the trustee of its decision within 120 days from the 

date of the filing of the claim. If the trustee disagrees with 

the IRS's decision or does not receive a decision from the 

IRS within 120 days of filing the claim, the trustee may 

seek a determination from the bankruptcy court to determine the estate's right to the refund.

Excessive and erroneous tax refunds paid to the 

bankruptcy estate. Taxpayers who have net losses can 

sometimes carry back the losses to previous years where 

taxes were paid to reduce the liability in the prior year, 

which generate a refund. Such taxpayers may also make a 

special request for a refund, known as a tentative carryback adjustment (also called a -quickie refund-). A tax liability arising from an excessive allowance for a quickie refund payable to the bankruptcy estate is given second 

priority treatment as an administrative expense. However, 

an erroneous refund or credit other than a quickie refund 

paid to the bankruptcy estate receives the same priority as 

the underlying tax. See Federal Tax Claims, later.

Court Jurisdiction Over Tax 

Matters

Bankruptcy Court

Determination of tax liability. Generally, the bankruptcy 

court has the authority to determine the amount or legality 

of any tax imposed on a debtor under its jurisdiction and 

the bankruptcy estate, including any fine, penalty, or addition to tax, whether or not the tax was previously assessed 

or paid.

The bankruptcy court does not have authority:

Publication 908 (2-2024) 15
1. To determine the amount or legality of a tax, fine, penalty, or addition to tax that was contested before and 

adjudicated by a court or administrative tribunal of 

competent jurisdiction before the date of the bankruptcy petition filing; or

2. To decide the right of a tax refund for the bankruptcy 

estate before the earlier of:

• A determination for refund by the IRS or other 

governmental unit, or

• 120 days since the trustee properly requested the 

refund.

Tax Court

Tax Court proceedings. The filing of a bankruptcy petition results in an automatic stay immediately stopping the 

commencement or continuation of certain Tax Court proceedings. In individual bankruptcy cases, the stay prohibits the commencement of a Tax Court case regarding the 

tax liabilities of the debtor for tax periods ending before 

the bankruptcy court's order for relief. If the debtor is a 

corporation, the automatic stay prohibits the commencement or continuation of Tax Court proceedings relating to 

liabilities for tax periods that the bankruptcy court may determine. Generally, in corporate chapter 11 cases, the 

bankruptcy court determines the debtor corporation's tax 

liabilities for tax periods ending before the date a plan of 

reorganization is confirmed.

The bankruptcy court has the power to lift the automatic 

stay and allow the debtor to begin or continue a Tax Court 

case. Accordingly, during the pendency of the bankruptcy 

case, in effect, the bankruptcy court has the sole authority 

to determine whether the tax issue will be decided by the 

bankruptcy court or Tax Court.

Suspension of time for filing. In any bankruptcy 

case, the 90-day period for filing a Tax Court petition after 

the issuance of the Statutory Notice of Deficiency is suspended for the time the debtor is prevented from filing the 

petition due to the bankruptcy case, and for an additional 

60 days thereafter. Accordingly, if the Statutory Notice of 

Deficiency was issued before the bankruptcy petition was 

filed, and the 90-day period had not expired, the running 

of the 90-day period will be suspended while the stay prevents the commencement of the Tax Court case. The 

90-day period will begin to run 60 days after the stay 

against filing the petition ends. The suspension is effective 

for any part of the 90-day period remaining on the date of 

the bankruptcy petition filing.

However, the 90-day period for filing a Tax Court petition after issuance of a Notice of Determination in an innocent spouse case isn't suspended by filing of a bankruptcy 

petition. Thus, if the IRS issues a final Notice of Determination denying the debtor's request for innocent spouse 

relief during the bankruptcy case, the debtor is prohibited 

from petitioning the Tax Court while the automatic stay is 

in effect; however, the 90-day period for petitioning the Tax 

Court isn't suspended. In these circumstances, the debtor 

must file a motion with the bankruptcy court asking the 

bankruptcy court to lift the automatic stay. If the 

bankruptcy court lifts the stay, then the taxpayer can petition the Tax Court so long as the 90 days for petitioning 

hasn't expired.

Trustee may intervene. The trustee of a bankruptcy 

estate in any title 11 bankruptcy case may intervene on 

behalf of the estate in a proceeding in the Tax Court to 

which the debtor is a party.

Federal Tax Claims

Proof of claim. Upon filing a bankruptcy petition, as a result of the automatic stay, the debtor's assets in the bankruptcy estate under the jurisdiction of the bankruptcy court 

aren't subject to levy. However, creditors may file a “proof 

of claim” with the bankruptcy court to protect their rights. 

The IRS may file a proof of claim with the bankruptcy court 

in the same manner as other creditors. This claim may be 

filed with the bankruptcy court even though taxes haven't 

been assessed or are subject to a Tax Court proceeding.

Secured tax claims. If the IRS filed a Notice of Federal 

Tax Lien (NFTL) before the bankruptcy petition was filed, 

the IRS will have a secured claim in the bankruptcy case 

to the extent the lien attached to equity in the debtor's assets. In chapter 7 cases, in certain circumstances, the 

trustee may be able to subordinate the tax lien in order to 

pay certain non-tax priority claims. In chapter 11 cases, if 

the secured claim would have otherwise been entitled to 

treatment as a priority claim, the chapter 11 plan must provide for the secured tax claim in the same manner, over 

the same period, as an unsecured eighth priority tax 

claim.

Unsecured Tax Claims

Eighth priority taxes. In general, certain unsecured 

debts are given priority for payment purposes. Certain tax 

debts arising before the bankruptcy case was filed are 

classified as eighth priority claims.

The following federal taxes, if unsecured, are eighth priority taxes of the government.

1. Income taxes on or measured by income or gross receipts for a tax year ending on or before the date of 

the filing of the petition for which a return, if required, 

is last due, including extensions, after 3 years before 

the date of the filing of the bankruptcy petition.

2. Income taxes on or measured by income or gross receipts assessed within 240 days before the date of 

the filing of the petition. The 240-day period is exclusive of any time during which an offer in compromise 

for that tax was pending or in effect during that 

240-day period plus 30 days, and exclusive of any 

time during which a stay of proceedings against collections was in effect in a prior case during the 

240-day period plus 90 days.

3. Income taxes that were not assessed before the bankruptcy petition date, but were assessable as of the petition date, unless these taxes were still assessable 

16 Publication 908 (2-2024)
solely because no return was filed, a late return was 

filed within 2 years of the filing of the bankruptcy petition, a fraudulent return was filed, or because the 

debtor willfully attempted to evade or defeat the tax.

4. Withholding taxes that were incurred in any capacity.

5. Employer's share of employment taxes on wages, salaries, or commissions (including vacation, severance, 

and sick leave pay) paid as priority claims under title 

11 U.S.C. section 507(a)(4), or for which a return was 

last due within 3 years of the filing of the bankruptcy 

petition, including a return for which an extension of 

the filing date was obtained.

6. Excise taxes on transactions occurring before the 

date of filing the bankruptcy petition, for which a return, if required, is last due (including extensions) 

within 3 years of the filing of the bankruptcy petition. If 

a return isn't required, these excise taxes include only 

those on transactions occurring during the 3 years immediately before the date of filing the petition.

Payment of Tax Claims

Chapter 7 cases. In a chapter 7 case, eighth priority 

taxes may be paid out of the assets of the bankruptcy estate to the extent assets remain after paying the claims of 

secured creditors and other creditors with higher priority 

claims.

Chapter 11, 12, and 13 cases. Different rules apply to 

payment of eighth priority pre-petition taxes under chapters 11, 12, and 13.

1. A chapter 11 plan can provide for payment of these 

taxes, with post-confirmation interest, over a period of 

5 years from the date of the order for relief issued by 

the bankruptcy court (this is the bankruptcy petition 

date in voluntary cases), in a manner not less favorable than the most favored non-priority claims (except 

for convenience claims under section 1122(b) of the 

Bankruptcy Code).

2. In a chapter 12 case, the debtor can pay such tax 

claims in deferred cash payments over time. However, 

pursuant to Bankruptcy Code section 1232, an unsecured priority tax claim arising from the sale of farm 

assets shall be treated as a non-priority unsecured 

claim.

3. In a chapter 13 case, the debtor can pay such taxes 

over 3 years or over 5 years with court approval.

Higher priority taxes. Certain taxes are assigned a 

higher priority for payment. Taxes incurred by the bankruptcy estate are given second priority treatment as administrative expenses. In an involuntary bankruptcy case, 

taxes arising in the ordinary course of business or the 

debtor's financial affairs (after the filing of the bankruptcy 

petition but before the earlier of the appointment of a 

trustee or the order for relief) are included in the third priority payment category. If the debtor has employees, the 

employees' portion of employment taxes on the first 

$15,150 (this amount adjusted every 3 years) of wages 

that they earned during the 180-day period before the date 

of the bankruptcy filing or the cessation of the business 

(whichever occurs first) is given fourth priority treatment. 

However, the debtor's portion of the employment taxes on 

these wages, as the employer, is given eighth priority 

treatment.

Penalties. A tax penalty which is punitive in nature, that 

is, not for actual pecuniary (monetary) loss, is payable as 

a general unsecured claim.

Relief from certain penalties. A penalty for failure to 

pay tax, including failure to pay estimated tax, is not imposed if the tax was incurred by the bankruptcy estate as 

a result of an order of the court finding probable insufficiency of funds of the bankruptcy estate to pay administrative expenses.

If the tax was incurred by the debtor, the penalty is not 

imposed if:

1. The tax was incurred before the earlier of the order for 

relief or (in an involuntary case) the appointment of a 

trustee, and

2. The bankruptcy petition was filed before the due date 

for the tax return (including extensions) or the date for 

imposing the penalty occurs on or after the day the 

bankruptcy petition was filed.

Note. Relief from the failure-to-pay penalty does not 

apply to any penalty for failure to pay or deposit tax withheld or collected from others which is required to be paid 

over to the U.S. Government. Nor does it apply to any penalty for failure to file a timely return.

FUTA credit. Employers are generally allowed a credit 

against FUTA for contributions made to a state unemployment fund if the contributions are paid by the last day for 

filing a federal unemployment tax return for the tax year.

If contributions are paid to the state fund after such 

date, the allowable credit shall not exceed 90% of the otherwise allowable credit that may be taken against FUTA. 

However, in the case of wages paid by the trustee of a title 

11 bankruptcy estate where the failure to timely pay state 

unemployment contributions was without fault by the 

trustee, 100% of the credit is allowed. An employer may 

also receive an additional credit against FUTA contributions. See Pub. 15 for additional information.

Discharge of Unpaid Tax

The bankruptcy court may enter an order discharging the 

debtor from personal liability for certain debts, including 

taxes. The order for discharge is a permanent order of the 

court prohibiting the creditors from taking action against 

the debtor personally to collect the debt. However, secured creditors with valid pre-bankruptcy liens may enforce them to recover property secured by the lien.

Not all debts are dischargeable. Many tax debts are excepted from the bankruptcy discharge. The scope of the 

bankruptcy discharge depends on the chapter under 

which the case was filed and the nature of the debt. Chapter 7 debtors don't have an absolute right to a discharge; 

Publication 908 (2-2024) 17
objections may be filed by creditors. Chapters 12 and 13 

debtors are generally entitled to discharge upon completion of all payments under the bankruptcy plan.

Chapter 7 cases. For individuals in chapter 7 cases, the 

following tax debts (including interest) aren't subject to 

discharge.

• Taxes entitled to eighth priority.

• Taxes for which no return was filed.

• Taxes for which a return was filed late after 2 years before the bankruptcy petition was filed.

• Taxes for which a fraudulent return was filed.

• Taxes that the debtor willfully attempted to evade or 

defeat.

Penalties in a chapter 7 case are dischargeable unless 

the event that gave rise to the penalty occurred within 3 

years of the bankruptcy and the penalty relates to a tax 

that isn't discharged. Only individuals may receive a discharge in chapter 7 cases; corporations and other entities 

don't.

Chapter 11 cases. The same exceptions to discharge 

that apply to individuals in chapter 7 cases also apply to 

individuals in chapter 11 cases. However, different rules 

apply to corporations. A corporation in a chapter 11 case 

may receive a broad discharge when the reorganization 

plan is confirmed; however, secured and priority claims 

must be satisfied under the plan. There is an exception to 

discharge for taxes for which the debtor filed a fraudulent 

return or willfully attempted to evade or defeat.

Chapter 13 cases. A debtor who completes all payments under the chapter 13 plan shall receive a broad discharge of all debts provided for by the plan. However, priority tax claims must be paid in full under the chapter 13 

plan. The following taxes are excepted from the broad 

chapter 13 discharge.

• Withholding taxes for which the debtor is liable in any 

capacity.

• Taxes for which no return was filed.

• Taxes for which a return was filed late after 2 years before the bankruptcy petition was filed.

• Taxes for which a fraudulent return was filed.

• Taxes that the debtor willfully attempted to evade or 

defeat.

Also, there is an exception from discharge for debts 

where the creditor, including the IRS, did not receive notice of the chapter 13 bankruptcy case in time to file a 

claim.

Chapter 13 “hardship discharge.” In cases where 

the failure to complete all payments under the chapter 13 

plan was due to circumstances for which the debtor 

should not be held accountable, the bankruptcy court may 

grant a “hardship discharge.” However, all unsecured 

claims must be paid an amount not less than they would 

have received in a chapter 7 liquidation. Debts that would 

be excepted under an individual chapter 7 discharge are 

also excepted from the chapter 13 hardship discharge.

Chapter 12 cases. The same tax debts that are excepted from discharge in chapter 7 cases of individuals are 

excepted from discharge in chapter 12 cases of individuals. The exceptions don't apply to chapter 12 cases of 

non-individuals. As in chapter 13 cases, the debtor may 

be granted a hardship discharge if appropriate.

Federal Tax Liens. If a tax is discharged, the discharged 

tax may still be collectable from the debtor's pre-bankruptcy property if the IRS filed an NFTL before the bankruptcy petition was filed. Perfected liens generally pass 

through bankruptcy proceedings unaffected, even if the 

debtor's personal liability for the debt is discharged. If the 

IRS did not file an NFTL before the bankruptcy petition 

was filed, the tax lien will be removed from the debtor's 

pre-bankruptcy property if the debtor exempted the property out of the bankruptcy estate. However, a tax lien that 

arises when a tax is assessed may not be removed from 

the property upon discharge if the property was excluded 

or abandoned from the bankruptcy estate, even if an 

NFTL was not filed.

Debt Cancellation

If a debt is canceled or forgiven, other than as a gift or bequest, the debtor must generally include the canceled 

amount in gross income for tax purposes. A debt includes 

any indebtedness for which the debtor is liable or that attaches to property the debtor holds. In the event that the 

amount forgiven is $600 or more, the debtor should receive a Form 1099-C, Cancellation of Debt, from the 

lender. See Form 1099-C and its separate instructions. 

The debtor may not have to report the entire amount of 

canceled debt as income, as certain exclusions may apply.

Exclusions

Don't include a canceled debt in gross income if:

• The cancellation takes place in a bankruptcy case under the Bankruptcy Code;

• The cancellation takes place when the debtor is insolvent, and the amount excluded isn't more than the 

amount by which the debtor is insolvent;

• The canceled debt is qualified farm debt (debt incurred in operating a farm)—see Cancellation of Debt in 

chapter 3 of Pub. 225;

• The canceled debt is qualified real property business 

indebtedness (certain debt connected with business 

real property)—see Pub. 525; or

• The canceled debt is qualified principal residence indebtedness. See Pub. 936, Home Mortgage Interest 

Deduction.

18 Publication 908 (2-2024)
Order of exclusions. If the cancellation of debt occurs in a title 11 bankruptcy case, the bankruptcy exclusion takes precedence over the insolvency exclusion. To 

the extent that the taxpayer is insolvent, the insolvency exclusion takes precedence over qualified farm debt or 

qualified real property business indebtedness exclusions.

Bankruptcy case exclusion. A bankruptcy case is a 

case under title 11 of the United States Code, but only if 

the debtor is under the jurisdiction of the court and the 

cancellation of the debt is granted by the court or occurs 

as a result of a plan approved by the court.

None of the debt canceled in a bankruptcy case is included in the debtor's gross income in the year it was canceled. Instead, certain losses, credits, and basis of property must be reduced by the amount of excluded income 

(but not below zero). These losses, credits, and basis in 

property are called tax attributes and are discussed under 

Reduction of Tax Attributes, later.

Insolvency exclusion. A debtor is insolvent when, and 

to the extent, the debtor's liabilities exceed the FMV of the 

assets. Determine the debtor's liabilities and the FMV of 

the assets immediately before the cancellation of the 

debtor's debt to determine whether or not the debtor is insolvent and the amount by which the debtor is insolvent.

Exclude from the debtor's gross income debt canceled 

when the debtor is insolvent, but only up to the amount by 

which the debtor is insolvent. However, you must use the 

amount excluded to reduce certain tax attributes, as explained later under Reduction of Tax Attributes.

Example. $4,000 of the Simpson Corporation's liabilities are canceled outside bankruptcy. Immediately before 

the cancellation, the Simpson Corporation's liabilities totaled $21,000 and the FMV of its assets was $17,500. Because its liabilities were more than its assets, it was insolvent. The amount of the insolvency was $3,500 ($21,000 

− $17,500). The corporation may exclude only $3,500 of 

the $4,000 debt cancellation from income because that is 

the amount by which it was insolvent. It must also reduce 

certain tax attributes by the $3,500 of excluded income. 

The remaining $500 of canceled debt must be included in 

income.

Reduction of Tax Attributes

If a debtor excludes canceled debt from income because 

it is canceled in a bankruptcy case or during insolvency, 

they must use the excluded amount to reduce certain “tax 

attributes.” Tax attributes include the basis of certain assets and the losses and credits listed later. By reducing 

the tax attributes, the tax on the canceled debt is partially 

postponed instead of being entirely forgiven. This prevents an excessive tax benefit from the debt cancellation.

If a separate bankruptcy estate was created, the trustee 

or debtor-in-possession must reduce the estate's attributes (but not below zero) by the canceled debt. See Attribute carryovers under Bankruptcy Estate—Income, Deductions, and Credits, earlier.

Order of reduction. Generally, use the amount of canceled debt to reduce the tax attributes in the order listed 

below. However, the debtor may choose to use all or a 

part of the amount of canceled debt to first reduce the basis of depreciable property before reducing the other tax 

attributes. This choice is discussed later.

Net operating loss (NOL). Reduce any NOL for the 

tax year in which the debt cancellation takes place, and 

any NOL carryover to that tax year.

General business credit carryovers. Reduce any 

carryovers, to or from the tax year of the debt cancellation, 

of amounts used to determine the general business credit.

Minimum tax credit. Reduce any minimum tax credit 

that is available as of the beginning of the tax year following the tax year of the debt cancellation.

Capital losses. Reduce any net capital loss for the tax 

year of the debt cancellation, and any capital loss carryover to that year.

Basis. Reduce the basis of the debtor's property, as 

described under Basis Reduction, later. This reduction applies to the basis of both depreciable and nondepreciable 

property.

Passive activity loss and credit carryovers. Reduce any passive activity loss or credit carryover from the 

tax year of the debt cancellation.

Foreign tax credit. Last, reduce any carryover, to or 

from the tax year of the debt cancellation, of an amount 

used to determine the foreign tax credit or the Puerto Rico 

and territory tax credit.

Amount of reduction. Except for the credit carryovers, 

reduce the tax attributes listed earlier one dollar for each 

dollar of canceled debt that is excluded from income. Reduce the credit carryovers by 331/3 cents for each dollar of 

canceled debt that is excluded from income.

Making the reduction. Make the required reductions in 

tax attributes after figuring the tax for the tax year of the 

debt cancellation. In reducing NOLs and capital losses, 

first reduce the loss for the tax year of the debt cancellation, and then any loss carryovers to that year in the order 

of the tax years from which the carryovers arose, starting 

with the earliest year. Make the reductions of credit carryovers in the order in which the carryovers are taken into 

account for the tax year of the debt cancellation.

Individuals under chapter 7 or 11. In an individual 

bankruptcy under chapter 7 or 11 of title 11, the required 

reduction of tax attributes must be made to the attributes 

of the bankruptcy estate, a separate taxable entity resulting from the filing of the case. The trustee of the bankruptcy estate must make the choice of whether to reduce 

the basis of depreciable property first before reducing 

other tax attributes.

Publication 908 (2-2024) 19
Basis Reduction

If any amount of the debt cancellation is used to reduce 

the basis of assets, as discussed earlier under Reduction 

of Tax Attributes, the following rules apply to the extent indicated.

When to make the basis reduction. Reductions in basis due to debt cancellation are made at the beginning of 

the tax year following the cancellation. The reduction applies to property held at that time. See Regulations section 

1.1017-1 for more information.

Bankruptcy and insolvency reduction limit. The reduction in basis for canceled debt in bankruptcy or in insolvency cannot be more than the total basis of property 

held immediately after the debt cancellation, minus the total liabilities immediately after the cancellation. This limit 

does not apply if an election is made to reduce basis before reducing other attributes. This election is discussed 

later.

Exempt property under title 11. If debt is canceled in a 

bankruptcy case under title 11 of the United States Code, 

don't reduce the basis in property that the debtor treats as 

exempt property under section 522 of title 11.

Election to reduce basis in depreciable property first. 

The estate, in the case of an individual bankruptcy under 

chapter 7 or 11, may choose to reduce the basis of depreciable property before reducing any other tax attributes. 

However, this reduction of the basis of depreciable property cannot be more than the total basis of depreciable 

property held at the beginning of the tax year following the 

tax year of the debt cancellation.

Depreciable property means any property subject to 

depreciation, but only if a reduction of basis will reduce 

the amount of depreciation or amortization otherwise allowable for the period immediately following the basis reduction. The debtor may choose to treat as depreciable 

property any real property that is stock in trade or is held 

primarily for sale to customers in the ordinary course of 

trade or business. The debtor must generally make this 

choice on the tax return for the tax year of the debt cancellation, and, once made, the debtor can only revoke it with 

IRS approval. However, if the debtor establishes reasonable cause, the debtor may make the choice with an amended return or claim for refund or credit.

Making elections. Make the election to reduce the 

basis of depreciable property before reducing other tax attributes, as well as the election to treat real property inventory as depreciable property, on Form 982.

Recapture of basis reductions. If any basis in property 

is reduced under these provisions and is later sold or otherwise disposed of at a gain, the part of the gain corresponding to the basis reduction is taxable as ordinary income. Figure the ordinary income part by treating the 

amount of the basis reduction as a depreciation deduction 

and by treating any such basis-reduced property that isn't 

already either Internal Revenue Code section 1245 or 

1250 property as Internal Revenue Code section 1245 

property. In the case of Internal Revenue Code section 

1250 property, make the determination of what would 

have been straight line depreciation as though there had 

been no basis reduction for debt cancellation. Internal 

Revenue Code sections 1245 and 1250 and the recapture 

of gain as ordinary income are explained in Pub. 544.

Partnerships

If a partnership's debt is canceled because of bankruptcy 

or insolvency, the rules for the exclusion of the canceled 

amount from gross income and for tax attribute reduction 

are applied at the individual partner level. Thus, each partner's share of debt cancellation income must be reported 

on the partner's return unless the partner meets the bankruptcy or insolvency exclusions explained earlier. Then all 

choices, such as the choices to reduce the basis of depreciable property before reducing other tax attributes, to 

treat real property inventory as depreciable property, and 

to end the tax year on the day before filing the bankruptcy 

case, must be made by the individual partners, not the 

partnership.

Depreciable property. For purposes of reducing the basis of depreciable property in attribute reduction, a partner 

treats their partnership interest as depreciable property to 

the extent of the partner's proportionate interest in the 

partnership's depreciable property. This applies only if the 

partnership makes a corresponding reduction in the partnership's basis in its depreciable property with respect to 

the partner.

Partner's basis in partnership. The allocation of an 

amount of debt cancellation income to a partner results in 

that partner's basis in the partnership being increased by 

that amount. At the same time, the reduction in the partner's share of partnership liabilities caused by the debt 

cancellation results in a deemed distribution, in turn resulting in a reduction of the partner's basis in the partnership. 

These basis adjustments are separate from any basis reduction under the attribute-reduction rules described earlier.

Corporations

Corporations in a bankruptcy proceeding or insolvency 

generally follow the same rules for debt cancellation and 

reduction of tax attributes as an individual or individual 

bankruptcy estate would follow.

Stock for Debt Exchange

If a corporation transfers its stock (or if a partnership transfers an interest in the partnership) in satisfaction of indebtedness and the FMV of the stock or interest is less than 

the indebtedness owed, the corporation or partnership 

has income to the extent of the difference from the cancellation of indebtedness. The corporation or partnership can 

exclude all or a portion of the income created by the stock 

or interest debt transfer if it is in a bankruptcy proceeding 

or, if not in a bankruptcy proceeding, it can exclude the 

20 Publication 908 (2-2024)
income to the extent it is insolvent. However, the corporation or partnership must reduce its tax attributes to the extent it has any by the amount of the excluded income.

Earnings and Profits

The earnings and profits of a corporation don't include income from the discharge of indebtedness to the extent of 

the amount applied to reduce the basis of the corporation's property, as explained earlier. Otherwise, discharge 

of indebtedness income, including amounts excluded from 

gross income, increases the earnings and profits of the 

corporation (or reduces a deficit in earnings and profits).

If there is a deficit in the corporation's earnings and 

profits and the interest of any shareholder of the corporation is terminated or extinguished in a title 11 or similar 

case (defined earlier), the deficit must be reduced by an 

amount equal to the paid-in capital allocable to the shareholder's terminated or extinguished interest.

S Corporations

For S corporations, the rules for excluding income from 

debt cancellation because of bankruptcy or insolvency apply at the corporate level.

Net operating losses (NOLs). A loss or deduction that 

is disallowed for the tax year of the debt cancellation because it exceeds the shareholders' basis in the corporation's stock and debt is treated as an NOL for that tax year 

in making the required reduction of tax attributes for the 

amount of the canceled debt.

Example—Tax Attribute Reduction

Charlie Jones is in financial difficulty, but Charlie has been 

able to avoid declaring bankruptcy. In 2023, Charlie 

reached an agreement with creditors whereby they agreed 

to forgive $10,000 of the total Charlie owed to them in return for Charlie setting up a schedule for repayment of the 

rest of the debts.

Immediately before the debt cancellation, Charlie’s liabilities totaled $120,000 and the FMV of Charlie’s assets 

was $100,000 (Charlie’s total basis in all these assets was 

$90,000). At the time of the debt cancellation, Charlie was 

considered insolvent by $20,000. Charlie can exclude 

from income the entire $10,000 debt cancellation because 

it was not more than the amount by which Charlie was insolvent.

Among Charlie’s assets, the only depreciable asset is a 

rental condominium with an adjusted basis of $50,000. Of 

this, $10,000 is allocable to the land, leaving a depreciable basis of $40,000. Charlie has a long-term capital loss 

carryover to 2023 of $5,000. Charlie also has an NOL of 

$2,000 and a $3,000 NOL carryover from 2020. Charlie 

has no other tax attributes arising from the current tax year 

or carried to this year.

Ordinarily, in applying the $10,000 debt cancellation 

amount to reduce tax attributes, Charlie would first reduce 

the $2,000 NOL; next, the $3,000 NOL carryover from 

2020; and then the $5,000 net capital loss carryover. However, Charlie figures that it is better to preserve the loss 

carryovers for the next tax year.

Charlie elects to reduce basis first. Charlie can reduce 

the depreciable basis of the rental condominium (Charlie’s 

only depreciable asset) by $10,000. The tax effect of doing this will be to reduce depreciation deductions for years 

following the year of the debt cancellation. However, if 

Charlie later sells the condominium at a gain, the part of 

the gain from the basis reduction will be taxable as ordinary income.

Charlie must file Form 982 with the individual return 

(Form 1040 or 1040-SR) for the tax year of the debt discharge to reduce the depreciable basis of the property by 

$10,000. In addition, Charlie must attach a statement describing the debt cancellation transaction and identifying 

the property to which the basis reduction applies.

How To Get Tax Help

If you have questions about a tax issue; need help preparing your tax return; or want to download free publications, 

forms, or instructions, go to IRS.gov and find resources 

that can help you right away.

Preparing and filing your tax return. After receiving all 

your wage and earnings statements (Form W-2, W-2G, 

1099-R, 1099-MISC, 1099-NEC, etc.); unemployment 

compensation statements (by mail or in a digital format) or 

other government payment statements (Form 1099-G); 

and interest, dividend, and retirement statements from 

banks and investment firms (Forms 1099), you have several options to choose from to prepare and file your tax return. You can prepare the tax return yourself, see if you 

qualify for free tax preparation, or hire a tax professional to 

prepare your return.

Free options for tax preparation. Your options for preparing and filing your return online or in your local community, if you qualify, include the following.

• Free File. This program lets you prepare and file your 

federal individual income tax return for free using software or Free File Fillable Forms. However, state tax 

preparation may not be available through Free File. Go 

to IRS.gov/FreeFile to see if you qualify for free online 

federal tax preparation, e-filing, and direct deposit or 

payment options.

• VITA. The Volunteer Income Tax Assistance (VITA) 

program offers free tax help to people with 

low-to-moderate incomes, persons with disabilities, 

and limited-English-speaking taxpayers who need 

help preparing their own tax returns. Go to IRS.gov/

VITA, download the free IRS2Go app, or call 

800-906-9887 for information on free tax return preparation.

• TCE. The Tax Counseling for the Elderly (TCE) program offers free tax help for all taxpayers, particularly 

Publication 908 (2-2024) 21
those who are 60 years of age and older. TCE volunteers specialize in answering questions about pensions and retirement-related issues unique to seniors. 

Go to IRS.gov/TCE or download the free IRS2Go app 

for information on free tax return preparation.

• MilTax. Members of the U.S. Armed Forces and qualified veterans may use MilTax, a free tax service offered by the Department of Defense through Military 

OneSource. For more information, go to 

MilitaryOneSource (MilitaryOneSource.mil/MilTax).

Also, the IRS offers Free Fillable Forms, which can 

be completed online and then filed electronically regardless of income.

Using online tools to help prepare your return. Go to 

IRS.gov/Tools for the following.

• The Earned Income Tax Credit Assistant (IRS.gov/

EITCAssistant) determines if you’re eligible for the 

earned income credit (EIC).

• The Online EIN Application (IRS.gov/EIN) helps you 

get an employer identification number (EIN) at no 

cost.

• The Tax Withholding Estimator (IRS.gov/W4App) 

makes it easier for you to estimate the federal income 

tax you want your employer to withhold from your paycheck. This is tax withholding. See how your withholding affects your refund, take-home pay, or tax due.

• The First Time Homebuyer Credit Account Look-up 

(IRS.gov/HomeBuyer) tool provides information on 

your repayments and account balance.

• The Sales Tax Deduction Calculator (IRS.gov/

SalesTax) figures the amount you can claim if you 

itemize deductions on Schedule A (Form 1040).

Getting answers to your tax questions. On 

IRS.gov, you can get up-to-date information on 

current events and changes in tax law.

• IRS.gov/Help: A variety of tools to help you get answers to some of the most common tax questions.

• IRS.gov/ITA: The Interactive Tax Assistant, a tool that 

will ask you questions and, based on your input, provide answers on a number of tax law topics.

• IRS.gov/Forms: Find forms, instructions, and publications. You will find details on the most recent tax 

changes and interactive links to help you find answers 

to your questions.

• You may also be able to access tax law information in 

your electronic filing software.

Need someone to prepare your tax return? There are 

various types of tax return preparers, including enrolled 

agents, certified public accountants (CPAs), accountants, 

and many others who don’t have professional credentials. 

If you choose to have someone prepare your tax return, 

choose that preparer wisely. A paid tax preparer is:

• Primarily responsible for the overall substantive accuracy of your return,

• Required to sign the return, and

• Required to include their preparer tax identification 

number (PTIN).

Although the tax preparer always signs the return, 

you're ultimately responsible for providing all the 

information required for the preparer to accurately 

prepare your return and for the accuracy of every item reported on the return. Anyone paid to prepare tax returns 

for others should have a thorough understanding of tax 

matters. For more information on how to choose a tax preparer, go to Tips for Choosing a Tax Preparer on IRS.gov.

Employers can register to use Business Services Online. The Social Security Administration (SSA) offers online service at SSA.gov/employer for fast, free, and secure 

W-2 filing options to CPAs, accountants, enrolled agents, 

and individuals who process Form W-2, Wage and Tax 

Statement, and Form W-2c, Corrected Wage and Tax 

Statement.

IRS social media. Go to IRS.gov/SocialMedia to see the 

various social media tools the IRS uses to share the latest 

information on tax changes, scam alerts, initiatives, products, and services. At the IRS, privacy and security are our 

highest priority. We use these tools to share public information with you. Don’t post your social security number 

(SSN) or other confidential information on social media 

sites. Always protect your identity when using any social 

networking site.

The following IRS YouTube channels provide short, informative videos on various tax-related topics in English, 

Spanish, and ASL.

• Youtube.com/irsvideos.

• Youtube.com/irsvideosmultilingua.

• Youtube.com/irsvideosASL.

Watching IRS videos. The IRS Video portal 

(IRSVideos.gov) contains video and audio presentations 

for individuals, small businesses, and tax professionals.

Online tax information in other languages. You can 

find information on IRS.gov/MyLanguage if English isn’t 

your native language.

Free Over-the-Phone Interpreter (OPI) Service. The 

IRS is committed to serving taxpayers with limited-English 

proficiency (LEP) by offering OPI services. The OPI Service is a federally funded program and is available at Taxpayer Assistance Centers (TACs), most IRS offices, and 

every VITA/TCE return site. The OPI Service is accessible 

in more than 350 languages.

Accessibility Helpline available for taxpayers with 

disabilities. Taxpayers who need information about accessibility services can call 833-690-0598. The Accessibility Helpline can answer questions related to current and 

future accessibility products and services available in alternative media formats (for example, braille, large print, 

CAUTION

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22 Publication 908 (2-2024)
audio, etc.). The Accessibility Helpline does not have access to your IRS account. For help with tax law, refunds, or 

account-related issues, go to IRS.gov/LetUsHelp.

Note. Form 9000, Alternative Media Preference, or 

Form 9000(SP) allows you to elect to receive certain types 

of written correspondence in the following formats.

• Standard Print.

• Large Print.

• Braille.

• Audio (MP3).

• Plain Text File (TXT).

• Braille Ready File (BRF).

Disasters. Go to IRS.gov/DisasterRelief to review the 

available disaster tax relief.

Getting tax forms and publications. Go to IRS.gov/

Forms to view, download, or print all of the forms, instructions, and publications you may need. Or, you can go to 

IRS.gov/OrderForms to place an order.

Getting tax publications and instructions in eBook 

format. Download and view most tax publications and instructions (including the Instructions for Form 1040) on 

mobile devices as an eBook at IRS.gov/eBooks.

IRS eBooks have been tested using Apple’s iBooks for 

iPad. Our eBooks haven’t been tested on other dedicated 

eBook readers, and eBook functionality may not operate 

as intended.

Access your online account (individual taxpayers 

only). Go to IRS.gov/Account to securely access information about your federal tax account.

• View the amount you owe and a breakdown by tax 

year.

• See payment plan details or apply for a new payment 

plan.

• Make a payment or view 5 years of payment history 

and any pending or scheduled payments.

• Access your tax records, including key data from your 

most recent tax return, and transcripts.

• View digital copies of select notices from the IRS.

• Approve or reject authorization requests from tax professionals.

• View your address on file or manage your communication preferences.

Get a transcript of your return. With an online account, 

you can access a variety of information to help you during 

the filing season. You can get a transcript, review your 

most recently filed tax return, and get your adjusted gross 

income. Create or access your online account at IRS.gov/

Account.

Tax Pro Account. This tool lets your tax professional 

submit an authorization request to access your individual 

taxpayer IRS online account. For more information, go to 

IRS.gov/TaxProAccount.

Using direct deposit. The safest and easiest way to receive a tax refund is to e-file and choose direct deposit, 

which securely and electronically transfers your refund directly into your financial account. Direct deposit also 

avoids the possibility that your check could be lost, stolen, 

destroyed, or returned undeliverable to the IRS. Eight in 

10 taxpayers use direct deposit to receive their refunds. If 

you don’t have a bank account, go to IRS.gov/

DirectDeposit for more information on where to find a bank 

or credit union that can open an account online.

Reporting and resolving your tax-related identity 

theft issues. 

• Tax-related identity theft happens when someone 

steals your personal information to commit tax fraud. 

Your taxes can be affected if your SSN is used to file a 

fraudulent return or to claim a refund or credit.

• The IRS doesn’t initiate contact with taxpayers by 

email, text messages (including shortened links), telephone calls, or social media channels to request or 

verify personal or financial information. This includes 

requests for personal identification numbers (PINs), 

passwords, or similar information for credit cards, 

banks, or other financial accounts.

• Go to IRS.gov/IdentityTheft, the IRS Identity Theft 

Central webpage, for information on identity theft and 

data security protection for taxpayers, tax professionals, and businesses. If your SSN has been lost or 

stolen or you suspect you’re a victim of tax-related 

identity theft, you can learn what steps you should 

take.

• Get an Identity Protection PIN (IP PIN). IP PINs are 

six-digit numbers assigned to taxpayers to help prevent the misuse of their SSNs on fraudulent federal income tax returns. When you have an IP PIN, it prevents someone else from filing a tax return with your 

SSN. To learn more, go to IRS.gov/IPPIN.

Ways to check on the status of your refund. 

• Go to IRS.gov/Refunds.

• Download the official IRS2Go app to your mobile device to check your refund status.

• Call the automated refund hotline at 800-829-1954.

The IRS can’t issue refunds before mid-February 

for returns that claimed the EIC or the additional 

child tax credit (ACTC). This applies to the entire 

refund, not just the portion associated with these credits.

Making a tax payment. Payments of U.S. tax must be 

remitted to the IRS in U.S. dollars. Digital assets are not 

accepted. Go to IRS.gov/Payments for information on how 

to make a payment using any of the following options.

• IRS Direct Pay: Pay your individual tax bill or estimated 

tax payment directly from your checking or savings account at no cost to you.

CAUTION

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Publication 908 (2-2024) 23
• Debit Card, Credit Card, or Digital Wallet: Choose an 

approved payment processor to pay online or by 

phone.

• Electronic Funds Withdrawal: Schedule a payment 

when filing your federal taxes using tax return preparation software or through a tax professional.

• Electronic Federal Tax Payment System: Best option 

for businesses. Enrollment is required.

• Check or Money Order: Mail your payment to the address listed on the notice or instructions.

• Cash: You may be able to pay your taxes with cash at 

a participating retail store.

• Same-Day Wire: You may be able to do same-day 

wire from your financial institution. Contact your financial institution for availability, cost, and cut-off time 

frames.

Note. The IRS uses the latest encryption technology 

to ensure that the electronic payments you make online, 

by phone, or from a mobile device using the IRS2GO app 

are safe and secure. Paying electronically is quick, easy, 

and faster than mailing in a check or money order.

What if I can’t pay now? Go to IRS.gov/Payments for 

more information about your options.

• Apply for an online payment agreement (IRS.gov/

OPA) to meet your tax obligation in monthly installments if you can’t pay your taxes in full today. Once 

you complete the online process, you will receive immediate notification of whether your agreement has 

been approved.

• Use the Offer in Compromise Pre-Qualifier to see if 

you can settle your tax debt for less than the full 

amount you owe. For more information on the Offer in 

Compromise program, go to IRS.gov/OIC.

Filing an amended return. Go to IRS.gov/Form1040X 

for information and updates.

Checking the status of your amended return. Go to 

IRS.gov/WMAR to track the status of Form 1040-X amended returns.

It can take up to 3 weeks from the date you filed 

your amended return for it to show up in our system, and processing it can take up to 16 weeks.

Understanding an IRS notice or letter you’ve received. Go to IRS.gov/Notices to find additional information about responding to an IRS notice or letter.

Responding to an IRS notice or letter. You can now 

upload responses to all notices and letters using the 

Document Upload Tool. For notices that require additional 

action, taxpayers will be redirected appropriately on 

IRS.gov to take further action. To learn more about the 

tool, go to IRS.gov/Upload.

Note. You can use Schedule LEP (Form 1040), Request for Change in Language Preference, to state a 

CAUTION

!

preference to receive notices, letters, or other written communications from the IRS in an alternative language. You 

may not immediately receive written communications in 

the requested language. The IRS's commitment to LEP 

taxpayers is part of a multi-year timeline that began providing translations in 2023. You will continue to receive 

communications, including notices and letters, in English 

until they are translated to your preferred language.

Contacting your local TAC. Keep in mind, many questions can be answered on IRS.gov without visiting a TAC. 

Go to IRS.gov/LetUsHelp for the topics people ask about 

most. If you still need help, TACs provide tax help when a 

tax issue can’t be handled online or by phone. All TACs 

now provide service by appointment, so you’ll know in advance that you can get the service you need without long 

wait times. Before you visit, go to IRS.gov/TACLocator to 

find the nearest TAC and to check hours, available services, and appointment options. Or, on the IRS2Go app, 

under the Stay Connected tab, choose the Contact Us option and click on “Local Offices.”

The Taxpayer Advocate Service (TAS) 

Is Here To Help You

What Is TAS?

TAS is an independent organization within the IRS that 

helps taxpayers and protects taxpayer rights. TAS strives 

to ensure that every taxpayer is treated fairly and that you 

know and understand your rights under the Taxpayer Bill 

of Rights.

How Can You Learn About Your Taxpayer 

Rights?

The Taxpayer Bill of Rights describes 10 basic rights that 

all taxpayers have when dealing with the IRS. Go to 

TaxpayerAdvocate.IRS.gov to help you understand what 

these rights mean to you and how they apply. These are 

your rights. Know them. Use them.

What Can TAS Do for You?

TAS can help you resolve problems that you can’t resolve 

with the IRS. And their service is free. If you qualify for 

their assistance, you will be assigned to one advocate 

who will work with you throughout the process and will do 

everything possible to resolve your issue. TAS can help 

you if:

• Your problem is causing financial difficulty for you, 

your family, or your business;

• You face (or your business is facing) an immediate 

threat of adverse action; or

• You’ve tried repeatedly to contact the IRS but no one 

has responded, or the IRS hasn’t responded by the 

date promised.

24 Publication 908 (2-2024)
How Can You Reach TAS?

TAS has offices in every state, the District of Columbia, 

and Puerto Rico. To find your advocate’s number:

• Go to TaxpayerAdvocate.IRS.gov/Contact-Us;

• Download Pub. 1546, The Taxpayer Advocate Service 

Is Your Voice at the IRS, available at IRS.gov/pub/irspdf/p1546.pdf;

• Call the IRS toll free at 800-TAX-FORM 

(800-829-3676) to order a copy of Pub. 1546;

• Check your local directory; or

• Call TAS toll free at 877-777-4778.

How Else Does TAS Help Taxpayers?

TAS works to resolve large-scale problems that affect 

many taxpayers. If you know of one of these broad issues, 

report it to TAS at IRS.gov/SAMS. Be sure to not include 

any personal taxpayer information.

Low Income Taxpayer Clinics (LITCs)

LITCs are independent from the IRS and TAS. LITCs represent individuals whose income is below a certain level 

and who need to resolve tax problems with the IRS. LITCs 

can represent taxpayers in audits, appeals, and tax collection disputes before the IRS and in court. In addition, 

LITCs can provide information about taxpayer rights and 

responsibilities in different languages for individuals who 

speak English as a second language. Services are offered 

for free or a small fee. For more information or to find an 

LITC near you, go to the LITC page at 

TaxpayerAdvocate.IRS.gov/LITC or see IRS Pub. 4134, 

Low Income Taxpayer Clinic List, at IRS.gov/pub/irs-pdf/

p4134.pdf.

Publication 908 (2-2024) 25
To help us develop a more useful index, please let us know if you have ideas for index entries.

Index See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.

A

Assessment of tax 14

Assistance (See Tax help)

B

Bankruptcy Code tax compliance 3

Returns due after filing 3

Returns due before chapter 13 

filing 3

Bankruptcy estate 6

Attribute carryovers 8

Carrybacks 8

Disclosure of return information 4

Employer identification number 6, 

10

Estimated tax 11

Return filing requirements 9

Separate taxable entity 6

Transfer of assets 6

C

Conversion or dismissal chapter 11 

case 7

Corporations 12

Filing requirements 12

Tax-free reorganizations 12

D

Debt cancellation 18

Bankruptcy exclusion 19

Corporations 20

Insolvency exclusion 19

Partnerships 20

S corporations 21

Deductions and credits 7

Administrative expenses 7

Discharge of tax 17

Disclosure of return information 3, 

13

Dismissal of case:

Amended return 5

E

Election to end tax year: Form 1040 

or 1040-SR 4

Annualizing taxable income 5

Election by spouse 5

Filing requirements 4

Short tax years 4

Employment taxes 9, 11

Examination of return 14

I

Individuals in Chapter 12 or 13 4

Individuals in Chapter 7 or 11 4

Gross income chapter 11 case 6

Gross income chapter 7 case 6

J

Jurisdiction over tax matters 15

Bankruptcy Court 15

Tax Court 16

O

Offsets of refunds during the 

automatic stay. 15

Ordering tax return transcripts 3

P

Partnerships, filing 

requirements 12

Payment of tax claim 16

Eighth priority taxes 16

Second, third, fourth priority 

taxes 17

Secured tax claims 16

Penalties 17

Relief from penalties 17

Publications (See Tax help)

R

Request for prompt tax 

determination 13

Request for refund 15

S

Statute of limitations 

collections 15

T

Tax attributes 19

Basis reduction 19, 20

Carryovers 7

Order of reduction 19

Reduction of 19

Tax help 21

Tax reporting chapter 11 cases 8

Employment tax returns 9

Information returns 8

Self-employment taxes 8

Wage reporting, tax withholding 8

Tax return: Form 1041 10

Payment of tax due 10

When to file 10

26 Publication 908 (2-2024)