Do You Have Unfiled Tax Returns?
We can help you file your back taxes.
Back Tax Returns
If unfiled tax returns are weighing on your mind, you may not be sure what to do next. Should you file for previous years immediately, or can you wait? If you must file past-due tax returns, what are the best steps?
Here, we’ll explain what happens when you don’t file past years’ taxes—and why filing as soon as possible is always the right choice.
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How the IRS Deals with Unfiled Tax Returns
If you have unfiled tax returns, but the IRS is aware that you don’t owe taxes, you may fly under their radar. The IRS won’t reach out to you if you’re owed a refund on previous years’ tax returns.
However, even if you assume you don’t owe income tax, the IRS may not agree. If you fail to file a tax return, the IRS can file one for you—it’s called a substitute filing. The IRS uses W2s and 1099s from your employer(s) and other payers to complete the filing.
The substitute filing is an estimate on the part of the IRS, and not a very accurate one. It doesn’t include the deductions that you could be owed. An IRS substitute filing can show more taxable income, a higher tax rate, and greater tax liability than if you filed the past-due tax return.
Based on their substitute filing, the IRS can bill you for back taxes, plus failure-to-file penalty fees. The penalties and interest stack up if you are late in paying the amount they have assessed as due.
Why Submitting Unfiled Tax Returns is Always the Best Option
What if the IRS has already filed a substitute return on your behalf?
In most cases, you’ll become aware of the substitute filing when you receive a bill from the IRS for back taxes. When this happens, you should act immediately to file an accurate tax return for the prior year(s) in question.
Filing past years’ tax returns can often reduce the balance that the IRS claims you owe. In effect, you’re countering the IRS’ substitute filing with a more accurate tax return. When done correctly, the IRS will almost always accept the numbers you submit and allow the deductions you claim. As a result, you may find you are owed a refund or that the tax balance due is smaller than the IRS estimated in the substitute filing.
For anyone with IRS tax issues, filing back tax returns is one of the most effective ways for reaching a resolution. Compliance is a first step in reaching any agreement with the IRS.
However, if not done correctly, filing or amending returns can create more problems and an even bigger tax bill.
We Can Help with Unfiled Tax Returns
Together, the Precision Tax Relief Team has over 50 years of experience in Tax Accounting.
We maintain a dedicated tax preparation department and employ skilled and experienced CPAs and EAs that understand tax law, as well as financial accounting.
Unlike most tax preparers, who deal with tax returns only an average of 5 months per year, PTR experts prepare tax returns all year.
Because many of our clients haven’t filed a return for several years, we’re more familiar than the average accountant or tax preparer with both current and prior tax laws and regulations.
Working with a dedicated, licensed and experienced tax preparation expert from Precision can dramatically change your back tax balance. In many cases, we have eliminated a client’s tax liability just by preparing back tax returns or amending improperly prepared returns.
What are the consequences of not filing?
First of all, your tax debt will increase overtime because you don’t file tax returns for years. Consequently, your financial stability and legal status will be affected.
- Penalties: The IRS imposes a 5% penalty (for each month) for late tax returns for the Failure to File Penalty, extending up to 25%.
- Interests: The IRS also charges interest on both unpaid taxes and any accrued penalties, which increases your debt over time.
- Legal actions: If the debt remains unpaid, the IRS can take legal action against you, such as tax liens or wage garnishments. Additionally, continuous failure to file may result in imprisonment of up to one year and a fine of up to $25,000 for each unfiled return.
I haven't filed taxes in 10 years. What happens?
The IRS might have already taken legal action against you. Worse, you may face tax evasion charges resulting in higher penalties or jail time. Please check this simplified guide about failing to pay taxes in years, and contact us to take action based on your financial situation.
Tax fraud and tax evasion are considered federal crimes. If your actions are intentional, you could face a conviction that includes imprisonment. Therefore, a taxpayer may face imprisonment. Moreover, penalties for these crimes can be hefty: up to $250,000 in fines for individuals and $500,000 for corporations. Additionally, there are potential prison sentences of up to five years.
We Can Help with Unfiled Tax Returns
The Precision Tax Relief Team has over 50 years of experience in back tax filing service.
We maintain a dedicated tax preparation department and employ skilled and experienced CPAs and EAs that understand tax law, as well as financial accounting.
Unlike most tax preparers, who deal with tax returns only an average of 5 months per year, PTR experts prepare tax returns all year.
Because many of our clients haven’t filed a return for several years, we’re more familiar than the average accountant or tax preparer back taxes with both current and prior tax laws and regulations.
Working with a dedicated, licensed and experienced tax preparation expert from Precision can dramatically change your back tax balance. In many cases, we have eliminated a client’s tax liability just by preparing back tax returns or amending improperly prepared returns.
If you need back tax preparation services, contact us right away.
Get Help With Back Tax Returns
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FAQs on Unfiled Tax Returns
What are back taxes?
Back taxes are overdue taxes from previous years, accruing penalties and interest after the IRS tax deadline passes. A back tax expert can help you manage late returns, reduce penalties, and secure refunds before forfeiture.
How many years do I have to file my tax return?
By mid-April every year, the IRS requires your return to be filed, and any taxes owed paid promptly. You can gain a few months by requesting an extension, but by law, you must file every year.
Waiting to file is never in your best interest, whether you owe money or not.
For every month past the date your tax return was due, the IRS can charge penalty fees.
If you’re owed a refund on unfiled taxes, you must file within three years of the deadline to receive your money.
How do I file taxes from previous years?
If you have unfiled taxes from previous years, chances are you want the fastest way to file back taxes. But, filing taxes from prior years can be difficult.
You’ll need to gather documentation on past years’ income and receipts to support deductions and credits. If you’re missing records from previous years, many can be requested from the IRS. Bank records can also be useful. When we help filing past tax returns, we use an IRS-approved tool to get industry averages, when records can’t be obtained.
Since the IRS instructions and tax forms for each year are unique, you’ll need to download and use only the forms for the years you’re filing. This is very important—failing to use the right forms can mean having to file again. The IRS instructions will include an address for submitting your late tax return.
Resolve payroll tax issues with expert help from Precision Tax Relief. Contact us for IRS negotiations and achieve peace of mind with our experienced team.
Can I file late taxes online/electronically?
The IRS allows registered tax preparers, like Precision Tax Relief, to file returns electronically for the three most recent years.
If you’re filing on your own, the IRS requires that you file past years’ tax returns by mail or fax.
How and where do I pay back taxes?
If you owe the IRS for past tax years, there are several ways to pay back taxes. Instructions and links are included on the IRS website. If you can’t pay in full, we can help you negotiate a payment plan or a reduced overall IRS tax debt.
How many years does the IRS go back for unfiled tax returns?
In other words, how much time does the IRS have to pursue your unfiled tax returns?
Technically, the IRS can go back as many years as you have unfiled taxes. The ten-year federal statute of limitations on IRS collections—the Assessment Statute of Expiration Date (ASED)—does not begin to run until you have filed your taxes.
However, in most cases, the IRS will be satisfied when you file the past six years’ tax returns.
Note that the ASED only applies to the IRS; state tax agencies are governed by their own statutes of limitation.
How far back can I file my taxes?
Many people aren’t aware that you can file taxes for as many previous years as necessary. However, the IRS is most concerned with unfiled tax returns from the past six years. Your priority should be to file any returns due during that period.
Note that if you are owed money on your unfiled federal tax return, you can only collect a refund if you file within three years of the original tax deadline.
What can the IRS do if I have unfiled tax returns?
If you don’t file your tax returns, the IRS can file a “Substitute for Return” on your behalf. As we discuss elsewhere (see “What happens when the IRS files my back taxes?”), an IRS substitute filing is rarely to your benefit.
If you owe back taxes and have not filed, you may face penalties, interest, or charges.
What is the penalty for filing taxes late?
There are three circumstances under which you won’t face a late filing penalty for unfiled taxes:
- You file a return that has no balance due.
- You file your return by the regular deadline date.
- You file an extension and file your return by the extended deadline date.
Under all other circumstances, you can be charged a late filing penalty. For every month or partial month past the filing deadline, the IRS adds a late penalty equal to 5% of the back taxes due, up to 25% of the total tax bill.
You can also face a late payment penalty if you owe back taxes, even if you haven’t filed. The late payment penalty is 0.5% of the tax amount unpaid, up to a maximum of 25%.
Penalties can be negotiated, but interest on back taxes can’t be reduced. Interest is compounded daily and starts to accumulate on unpaid taxes one day after the due date, until all back taxes are fully paid. The interest rate varies and is adjusted quarterly.
Can I be criminally charged for not filing taxes?
If you have unfiled tax returns and owe money, the IRS is more likely to impose penalties than a criminal charge. However, by law you can face up to one year in prison and $25,000 in fines for each year of unfiled taxes.
The statute of limitations for the IRS on criminal charges is six years; if the unfiled tax return was due more than six years ago, you cannot be charged.
The chances of criminal prosecution for non-filing are small; for most, the real concern is compounding penalties and interest on back taxes owed.
What happens when the IRS files my back taxes?
If you don’t file back taxes, the IRS may file on your behalf. This is called a Substitute for Return (SFR), and often it won’t work in your favor. A substitute filing is an estimate and may be incorrect on many levels. The filing status and tax rates may be wrong; the IRS will often omit dependents, deductions for interest, charitable contributions and business expenses.
If the IRS determines that you owe back taxes, they will bill you for the taxes owed, plus penalties and interest. The best way to avoid IRS errors on substitute filings is by filing past due tax returns.
Do I have to file back taxes if I have been paying income tax?
If your employer remits your income tax directly to the government, you’ve been paying what’s called a withholding tax or a retention tax. You may not owe the IRS anything, but you should still file your back taxes to make sure. When you don’t file taxes, you can miss out on refunds or risk the IRS filing on your behalf.
Is there a penalty for filing taxes late if I owe nothing?
If you have paid income tax through your employer (a withholding tax) and the IRS has determined that you owe nothing, you are safe. You will not be prosecuted or face collections, including levies and liens. You will not be charged penalties or interest. The IRS knows your income and withholdings, and will not pursue you if they determine that you don’t owe back taxes.
If there is doubt, however, the IRS may file taxes on your behalf and (accurately or inaccurately) determine that you do owe taxes. That’s why we always recommend filing back taxes proactively.
Can I get a refund if I file back taxes?
You can get a refund and interest from the IRS if you file within three years of the tax return deadline. Unfortunately, the Internal Revenue Code stipulates that you cannot be paid a refund for tax returns filed more than three years late.
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