Unfiled Return Completion
The IRS Would Love to Take Care of Your Unfiled Tax Returns For You…
Does This Sound Like a Good Plan?
NOT filing your tax returns is a criminal offense.
Punishment for not filing tax returns can be as severe as one year jail time for every year your taxes go unfiled. Don’t think you can continue to get away with it. As the computer system at the IRS gets more complex and sophisticated, the chances of you getting flagged and caught increase exponentially.
But here’s what you can do…
First, let us help you comply with the law. By taking the initiative and filing your tax returns, you can still take advantage of the deductions and allowances due to you. Yes, you are still going to owe taxes, and likely penalties and interest, as well, but if you wait for the IRS to take care of your problem for you, they are going to do so in the best interest of the government with little thought or interest in your bottom line.
By voluntarily filing all delinquent returns, you will save yourself further problems, and we can help you do that.
Once your returns are current, we can look at your total owed and help you create a plan of action to remedy the situation.
Frequently Asked Questions - Unfiled Return Completion
What happens if I don't file my tax returns?
Failure to file can result in:
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Failure-to-file penalties (generally 5% per month, up to 25%)
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Accruing interest
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Substitute for Return (SFR) assessment by the IRS
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Loss of refund eligibility after 3 years
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Enforcement actions (liens, levies, wage garnishment)
Authority: IRC §§ 6651(a)(1), 6020(b).
What is a Substitute for Return?
If you do not file, the IRS may prepare a return on your behalf using third-party information (Forms W-2, 1099, etc.).
An SFR:
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Does not include most deductions or credits
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Often overstates tax liability
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Becomes legally enforceable if not challenged
Filing an accurate original return can replace an SFR assessment.
How many years do I need to file?
The IRS generally requires:
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The most recent six years of returns to be compliant for enforcement resolution purposes.
However, older years may still need to be filed depending on circumstances.
Can I still receive a refund for unfiled years?
Possibly, but there is a time limit.
Refund claims must be filed within:
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Three years from the original due date of the return (including extensions), or
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Two years from the date the tax was paid (whichever is later).
Authority: IRC § 6511.
After that, refunds are forfeited.
Will filing old returns trigger IRS enforcement?
Filing does not automatically trigger enforcement. In many cases:
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Filing is required before entering into resolution programs (Installment Agreement, OIC, etc.).
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Compliance often reduces enforcement risk.
However, if a balance is owed, collection processes may begin or resume.
What if I cannot afford to pay the taxes owed?
You should still file.
Payment options may include:
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Installment Agreement
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Offer in Compromise
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Currently Not Collectible (CNC) status
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Partial Pay Installment Agreement
Failure to file generally causes more harm than inability to pay.
When should I seek professional assistance?
Professional assistance is advisable if:
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Multiple years are unfiled
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The IRS has issued SFR assessments
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A revenue officer is assigned
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Business or self-employment income is involved
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You are concerned about criminal exposure
Prompt action reduces compounding penalties and enforcement risk.
Ready to come in for an appointment?
Click here to schedule a time to meet with us. We will NOT make dealing with a tax professional as painful as it’s been in the past!
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