Pub. L. 109-8, tit. VII, sec. 712

PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.

EnactedYear: 2005Length: 391 wordsOfficial source
SEC. 712. PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS.(a) Payment of Taxes Required.—Section 960 of title 28, United States Code, is amended—(1) by inserting “(a)” before “Any”; and(2) by adding at the end the following: “(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; or119 STAT. 128“(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 11, if—“(1) the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or“(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.”.(b) Payment of Ad Valorem Taxes Required.—Section 503(b)(1)(B)(i) of title 11, United States Code, is amended by inserting “whether secured or unsecured, including property taxes for which liability is in rem, in personam, or both,” before “except”.(c) Request for Payment of Administrative Expense Taxes Eliminated.—Section 503(b)(1) of title 11, United States Code, is amended—(1) in subparagraph (B), by striking “and” at the end;(2) in subparagraph (C), by adding “and” at the end; and(3) by adding at the end the following:“(D) notwithstanding the requirements of subsection (a), a governmental unit shall not be required to file a request for the payment of an expense described in subparagraph (B) or (C), as a condition of its being an allowed administrative expense;”.(d) Payment of Taxes and Fees as Secured Claims.—Section 506 of title 11, United States Code, is amended—(1) in subsection (b), by inserting “or State statute” after “agreement”; and(2) in subsection (c), by inserting “, including the payment of all ad valorem property taxes with respect to the property” before the period at the end.
Pub. L. 109-8, tit. VII, sec. 712: PAYMENT OF TAXES IN THE CONDUCT OF BUSINESS. | Justis AI