Return Of GST After Bankruptcy

The process of bankruptcy can be a complex and often confusing one, involving numerous steps and procedures. One such aspect that often raises questions is the Return Of Gst After Bankruptcy. This article seeks to provide a detailed, step-by-step guide to understanding and navigating this process.

Understanding Bankruptcy

Before delving into the specifics of GST returns post-bankruptcy, it’s essential to first comprehend the general notion of bankruptcy.

Bankruptcy is a legally declared inability or impairment of the ability of an individual or organization to pay their creditors. This process begins when the debtor or the creditors file a petition with the court.

Bankruptcy: A Two-Step Process

Completing a bankruptcy file generally involves a two-step process. The first step involves the individual receiving their discharge. The second step involves the trustee going through a process to be discharged as well.

Individual’s Discharge

In the first step, the debtor receives their discharge, implying that they are no longer legally required to pay any debts that are discharged.

Trustee’s Discharge

The second step involves the trustee’s discharge. This step primarily involves filing a final statement of Receipts and Disbursements with the Office of the Superintendent of Bankruptcy (the OSB) and notifying the creditors.

GST Payments and Bankruptcy

During the course of a bankruptcy, GST payments are typically sent to the Trustee. The OSB allows the trustee to retain the GST payments to cover a certain minimum fee level. However, the Trustee is required to return these payments to the debtor once those minimum fee levels are reached. This leads us to the concept of the Return Of Gst After Bankruptcy.

Timing of GST Return

Normally, the return of GST payments to the debtor occurs as part of the filing of the final statement of Receipts and Disbursements. However, it may take several months before the Trustee can get its discharge and thus, return the GST. This delay can occur due to various reasons such as waiting for a tax return to be assessed or a dispute with some creditor over the amount of their claim.

Contacting Your Trustee

If the return of GST is delayed, it is advisable to contact your trustee and ask them if they would be prepared to return the GST prior to their discharge. Remember, as a debtor, you have the right to be informed about the status of your case.

Avoiding Problems

To avoid any issues or delays with the return of GST after bankruptcy, it’s crucial to understand your rights and obligations, keep all necessary documents, and maintain open communication with your trustee.


While the process of bankruptcy can be daunting, understanding each step can help make it more manageable. This includes understanding the return of GST after bankruptcy. Remember, communication with your trustee is key. If you have any questions or concerns, don’t hesitate to reach out to them for clarification.

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