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11 U.S.C. § 1146 — Special tax provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 or 1191 of this title, may not be taxed under any law imposing a stamp tax or similar tax.
**(b)** The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under [section 346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section346&num=0&edition=prelim) and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of—
(1) the date on which such governmental unit responds to the request under this subsection; or
(2) 270 days after such request.
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Source location: Title 11, Chapter 11, § 1146; chapter-011-reorganization.md
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**(a)** The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under section 1129 or 1191 of this title, may not be taxed under any law imposing a stamp tax or similar tax.
**(b)** The court may authorize the proponent of a plan to request a determination, limited to questions of law, by a State or local governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under [section 346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section346&num=0&edition=prelim) and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of—
(1) the date on which such governmental unit responds to the request under this subsection; or
(2) 270 days after such request.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time, if the case has not been converted under section 1112, 1208, or 1307 of this title. Any waiver of the right to convert a case under this subsection is unenforceable.
**(b)** On request of a party in interest and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 11 of this title at any time.
**(c)** The court may not convert a case under this chapter to a case under chapter 12 or 13 of this title unless the debtor requests or consents to such conversion.
**(d)** Notwithstanding any other provision of this section, a case may not be converted to a case under another chapter of this title unless the debtor may be a debtor under such chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 706
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Internal Revenue Code of 1986 provides that a separate taxable estate or entity is created in a case concerning a debtor under this title, and the income, gain, loss, deductions, and credits of such estate shall be taxed to or claimed by the estate, a separate taxable estate is also created for purposes of any State and local law imposing a tax on or measured by income and such income, gain, loss, deductions, and credits shall be taxed to or claimed by the estate and may not be taxed to or claimed by the debtor. The preceding sentence shall not apply if the case is dismissed. The trustee shall make tax returns of income required under any such State or local law.
**(b)** Whenever the Internal Revenue Code of 1986 provides that no separate taxable estate shall be created in a case concerning a debtor under this title, and the income, gain, loss, deductions, and credits of an estate shall be taxed to or claimed by the debtor, such income, gain, loss, deductions, and credits shall be taxed to or claimed by the debtor under a State or local law imposing a tax on or measured by income and may not be taxed to or claimed by the estate. The trustee shall make such tax returns of income of corporations and of partnerships as are required under any State or local law, but with respect to partnerships, shall make such returns only to the extent such returns are also required to be made under such Code. The estate shall be liable for any tax imposed on such corporation or partnership, but not for any tax imposed on partners or members.
**(c)** With respect to a partnership or any entity treated as a partnership under a State or local law imposing a tax on or measured by income that is a debtor in a case under this title, any gain or loss resulting from a dist
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 346
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Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 279
TITLE 11—BANKRUPTCY
§ 1146
§ 1146. Special tax provisions
(a) The issuance, transfer, or exchange of a se-
curity, or the making or delivery of an instru-
ment of transfer under a plan confirmed under
section 1129 or 1191 of this title, may not be
taxed under any law imposing a stamp tax or
similar tax.
(b) The court may authorize the proponent of
a plan to request a determination, limited to
questions of law, by a State or local govern-
mental unit charged with responsibility for col-
lection or determination of a tax on or measured
by income, of the tax effects, under section 346
of this title and under the law imposing such
tax, of the plan. In the event of an actual con-
troversy, the court may declare such effects
after the earlier of—
(1) the date on which such governmental
unit responds to the request under this sub-
section; or
(2) 270 days after such request.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2641; Pub. L.
98–353, title III, § 517, July 10, 1984, 98 Stat. 388;
Pub. L. 109–8, title VII, § 719(b)(3), Apr. 20, 2005,
119 Stat. 133; Pub. L. 116–54, § 4(a)(12), Aug. 23,
2019, 133 Stat. 1086.)
HISTORICAL AND REVISION NOTES
LEGISLATIVE STATEMENTS
Section 1146 of the House amendment represents a
compromise between the House bill and Senate amend-
ment.
Special tax provisions: reorganization: The House bill
provided rules on the effect of bankruptcy on the tax-
able year of the debtor and on tax return filing require-
ments for State and local taxes only. The House bill
also exempted from State or local stamp taxes the
issuance, transfer, or exchange of a security, or the
making or delivery of an instrument of transfer under
a plan. The House bill also authorized the bankruptcy
court to declare the tax effects of a reorganizati
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1146
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