Estate Information Summary
May 31, 2011
The Office of the Superintendent of Bankruptcy (OSB) has amended the "Estate Information Summary" (EIS) form to remove the question pertaining to post-bankruptcy tax refunds assigned to trustees from section VI titled "To be Completed and Signed by the trustee in all cases."
Since July 7, 2008, income tax refunds for both the pre- and post-bankruptcy period form part of the estate of the bankrupt. Prior to this date, post-bankruptcy refunds would be directed to a trustee only if a letter of Authorization and Direction (signed by a taxpayer) was included with the return. Without this letter, the post-bankruptcy refund was sent to the taxpayer. Since the amendments to paragraph 67(1)(c) of the Bankruptcy and Insolvency Act, trustees are no longer required to submit a letter of Authorization and Direction for the post-bankruptcy refund if the date of bankruptcy is July 7, 2008, or later. Post-bankruptcy refunds automatically form part of the estate of the bankrupt. Therefore, the question pertaining to post-bankruptcy tax refunds assigned to trustees has been repealed from the EIS form as it is no longer relevant.
The OSB has also removed, from the EIS form, the box pertaining to the examination requests in section VI titled "To be Completed and Signed by the trustee in all cases."
Trustees can now send us their request for an examination under the new Debtor Compliance Referral Program.
Please note that the EIS form will be available for all new files as of December 16, 2011. A delay is necessary so that all e-filing software can be re-programmed to include this amendment.
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