(a)Any officers and agents conducting any business under authority of a United States court shall be subject to all Federal, State and local taxes applicable to such business to the same extent as if it were conducted by an individual or corporation.
(b)A tax under subsection (a) shall be paid on or before the due date of the tax under applicable nonbankruptcy law, unless—
(1)the tax is a property tax secured by a lien against property that is abandoned under section
554 of title
11, within a reasonable period of time after the lien attaches, by the trustee in a case under title 11; or
(2)payment of the tax is excused under a specific provision of title 11.
(c)In a case pending under chapter
7 of title
11, payment of a tax may be deferred until final distribution is made under section
726 of title
(1)the tax was not incurred by a trustee duly appointed or elected under chapter
7 of title
(2)before the due date of the tax, an order of the court makes a finding of probable insufficiency of funds of the estate to pay in full the administrative expenses allowed under section
503(b) of title
11 that have the same priority in distribution under section
726(b) of title
11 as the priority of that tax.
Based on title 28, U.S.C., 1940 ed., § 124a (June 18, 1934, ch. 585, 48 Stat. 993).
A proviso in section
124a of title
28, U.S.C., 1940 ed., relating to taxes accruing prior to the effective date of the 1934 act, was omitted as obsolete.
References in section
124a of title
28, U.S.C., 1940 ed., to specific officers was omitted as covered by the words “Any officers.”
Word “Federal” was added before “State” in recognition of the liability of such officers for Federal taxes under the revenue laws.
Changes in phraseology were made.
2005—Pub. L. 109–8designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–8effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 ofPub. L. 109–8, set out as a note under section
101 of Title
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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