PUBLIC LAW 109–8—APR. 20, 2005
119 STAT. 129
‘‘For purposes of this subsection, the term ‘return’ means a return that satisfies the requirements of applicable nonbankruptcy law (including applicable filing requirements). Such term includes a return prepared pursuant to section 6020(a) of the Internal Revenue Code of 1986, or similar State or local law, or a written stipulation to a judgment or a final order entered by a nonbankruptcy tribunal, but does not include a return made pursuant to section 6020(b) of the Internal Revenue Code of 1986, or a similar State or local law.’’. SEC. 715. DISCHARGE OF THE ESTATE’S LIABILITY FOR UNPAID TAXES.
Section 505(b)(2) of title 11, United States Code, as amended by section 703, is amended by inserting ‘‘the estate,’’ after ‘‘misrepresentation,’’. SEC. 716. REQUIREMENT TO FILE TAX RETURNS TO CONFIRM CHAPTER 13 PLANS.
(a) FILING
PREPETITION TAX RETURNS REQUIRED FOR PLAN CONFIRMATION.—Section 1325(a) of title 11, United States Code, as amended by sections 102, 213, and 306, is amended by inserting after paragraph (8) the following: ‘‘(9) the debtor has filed all applicable Federal, State, and local tax returns as required by section 1308.’’. (b) ADDITIONAL TIME PERMITTED FOR FILING TAX RETURNS.— (1) IN GENERAL.—Subchapter I of chapter 13 of title 11, United States Code, is amended by adding at the end the following: OF
‘‘§ 1308. Filing of prepetition tax returns ‘‘(a) Not later than the day before the date on which the meeting of the creditors is first scheduled to be held under section 341(a), if the debtor was required to file a tax return under applicable nonbankruptcy law, the debtor shall file with appropriate tax authorities all tax returns for all taxable periods ending during the 4-year period ending on the date of the filing of the petition. ‘‘(b)(1) Subject to paragraph (2), if the tax returns required by subsection (a) have not been filed by the date on which the meeting of creditors is first scheduled to be held under section 341(a), the trustee may hold open that meeting for a reasonable period of time to allow the debtor an additional period of time to file any unfiled returns, but such additional period of time shall not extend beyond— ‘‘(A) for any return that is past due as of the date of the filing of the petition, the date that is 120 days after the date of that meeting; or ‘‘(B) for any return that is not past due as of the date of the filing of the petition, the later of— ‘‘(i) the date that is 120 days after the date of that meeting; or ‘‘(ii) the date on which the return is due under the last automatic extension of time for filing that return to which the debtor is entitled, and for which request is timely made, in accordance with applicable nonbankruptcy law.
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