Tax Obligations of the Trustee in Bankruptcy
At the time of the bankruptcy, an authorized trustee in bankruptcy is appointed to manage and liquidate your property. The trustee is also responsible for taking charge of the creditors' affairs.
The authorized trustee is required to file any income tax returns you did not file for any of the following periods:
- the taxation year preceding the calendar year in which you declared bankruptcy;
- the taxation year from January 1 to the day preceding the date of the bankruptcy; and
- the taxation years included in the period beginning on the date of the bankruptcy and ending on the date the bankruptcy is discharged (unless the authorized trustee continues administering your assets after the discharge).
The authorized trustee will also be required to file returns showing the income derived from bankruptcy operations (such as amounts withdrawn from a registered retirement savings plan [RRSP] or investment income), for the years included in the bankruptcy period (unless otherwise specified). The trustee does not have these obligations for a proposal in bankruptcy or a consumer proposal.