28 U.S.C. § 960 | Tax liability

(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)

section 554 of title 11 the tax is a property tax secured by a lien against property that is abandoned under , 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)

section 726 of title 11 In a case pending under chapter 7 of title 11, payment of a tax may be deferred until final distribution is made under , if—

(1)

the tax was not incurred by a trustee duly appointed or elected under chapter 7 of title 11; or

(2)

section 503(b) of title 11 section 726(b) of title 11 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 that have the same priority in distribution under as the priority of that tax.

June 25, 1948, ch. 646 62 Stat. 927 Pub. L. 109–8, title VII, § 712(a)Apr. 20, 2005119 Stat. 127(, ; , , .)

Historical and Revision Notes

June 18, 1934, ch. 585 48 Stat. 993Based on title 28, U.S.C., 1940 ed., § 124a (, ).

section 124a of title 28A proviso in , U.S.C., 1940 ed., relating to taxes accruing prior to the effective date of the 1934 act, was omitted as obsolete.

section 124a of title 28References in , 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.

Editorial Notes

Amendments

Pub. L. 109–82005— designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2005 Amendment

Pub. L. 109–8Apr. 20, 2005section 1501 of Pub. L. 109–8 section 101 of Title 11Amendment by effective 180 days after , and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see , set out as a note under .