Real Solutions to IRS Debt and Related Problems

IRS Unfiled Tax Returns FAQ

Q: Will I Lose My Refund if I Have an Unfiled Return?

A: You can lose your IRS tax refund if you file the return too late. The IRS gets to keep any refunds from returns filed more than 3 years after the due date.

Q: Can the IRS File a Return for Me?

A: Yes, the IRS can file a tax return for you based on information from third parties. The IRS will use the debt from this return to start the collection process.

Q: Is There an IRS Statute of Limitations Period on Unfiled Returns?

A: If a return isn't filed by you….A statute of limitations period on collection or audit never begins.

Q: If I Don't File an IRS Return, Can I Go to Jail?

A: Failure to file a return can be treated as a criminal offense. The IRS tends to treat unfiled return cases as civil matters when the taxpayer files first.

Q: If the IRS Filed a Return for Me, Can I Still File?

A: Yes. you can create the return correctly and present it to the IRS. The IRS will typically accept the return and replace their number will yours.

Q: What if The IRS Has Given Me a Deadline to File and I Miss It?

A: If you miss a deadline with the IRS, it's usually best to contact them and update your situation. You'll want to request a collection hold on any debt as well.

Q: Will the IRS Hit Me with A Penalty for A Late Filed Return?

A: Yes. The IRS assesses a late filing penalty and a late payment penalty when the return shows a debt owed.

Q: Can I Request Penalty Abatement from The IRS for A Late Filed Return?

A: Yes. There are a few ways to request the abatement of penalty for failure to file on time and failure to pay on time.

Q: When I File a Late IRS Return Do I Have to Pay the Debt?

A: No. you don't have to pay the debt with the return. Sometimes it makes sense to have a tax pro look at the big picture first.

Q: How Do I Know Which Unfiled IRS Returns to Create and File?

A: The IRS is typically looking for some specific returns to be filed and sometimes it makes sense to file returns they've already created as well.

Q: Is There Tax Return Software that Will Help Me Create Unfiled IRS Returns?

A: Yes. There Are a Few Online Programs that Provide Software to Create Returns for Several Years.

Q: Is It Best to Obtain Records of Income from The IRS Before Creating Returns?

A: Yes. The IRS keeps a record of income reported to it by third parties. These income histories are important to have when re-creating missing IRS returns.

Q: How Many Years of Unfiled Returns Do I Need to File?

A: Generally, the IRS looks back six years for missing 1040 returns. If a revenue officer is assigned or the IRS otherwise suspects large income in years prior, it can ask for more.

Q: Who Should I Contact at The IRS About Missing Returns?

A: It depends. If you are attempting to get wage and income transcripts for your personal situation, you can call 800-829-1040. you may need to contact other departments as well.

Q: Do I Need to File Missing Returns in Order to Settle My Tax Debt?

A: Certain IRS tax returns will need to show up in the irs system as filed in order to reach certain agreements with the IRS about your debt.

Q: Is the IRS Aggressive About Missing Tax Returns?

A: In the last several years, IRS follow-up regarding missing tax returns has been reduced.

Q: Can I ask the IRS to Remove Me from Filing Requirements?

A: Sometimes the taxpayer doesn't have a filing requirement but the IRS still requests the return be filed.

Q: What Do I Do if Someone Has Used My Social Security Number to File a Return?

A: If you think a return has been filed using your information, you'll want to contact the IRS immediately.

Q: When I File Missing IRS Returns Should I Create and File Florida Tax Returns as Well?

A: Returns missing from the state of Florida should also be created and filed.

Q: How Do I Provide My Missing Tax Returns to The IRS?

A: When you've created the returns, what do you do with them. Sometimes it's best to speak with the IRS about where to send the returns before you place them in the mail.