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Unfiled Tax Returns

What Happens if You Have Unfiled Tax Returns?

Taxpayers that fail to file their unfiled tax return for one or more years for various reasons can become overwhelmed later on down the road when attempting to file all their missing tax years at once. Missing all or a portion of their records, personal hardship and/or neglect are some of many reasons people fall behind in filing their taxes. 

Most years, the IRS requires you to file your taxes by April 15th. If you don’t file your tax return you may receive late penalties, and your refund could be delayed or even forfeited if filed late enough. It’s important to address unfiled tax returns promptly to avoid complications. Fortunately, there are ways to approach the problem of unfiled tax returns.

Stressed woman, wearing a blue sweater, sitting at a desk reviewing unpaid taxes, with her computer open

Failure to File and Failure to Pay Penalties

When unfiled tax returns go unresolved, the IRS imposes substantial penalties that can quickly escalate your financial burden. The Failure to File penalty is one of the most significant, accruing at 5% of unpaid taxes per month,or partial month,  up to a maximum of 25% of the total tax owed. This penalty applies when tax returns remain unfiled past the due date.

In addition, the Failure to Pay penalty accrues at 0.5% per month on the unpaid tax balance, also capped at 25%. The longer you delay, the more these penalties compound, significantly increasing the total amount owed. If you need help with unfiled taxes, it’s important to act quickly—even if you cannot pay in full. Filing your unfiled tax returns promptly can minimize penalties and prevent more severe enforcement actions.

Seeking unfiled tax returns help as soon as possible will reduce financial consequences and stop further penalties from accumulating. Getting help with unfiled taxes can ensure you navigate the process effectively and limit the impact on your finances.

Social Security and Unfiled Tax Returns

Failing to file tax returns can significantly impact your Social Security benefits, especially for self-employed individuals. The Social Security Administration relies on your reported income to calculate the credits needed for future benefits. When tax returns go unfiled, these earnings are not recorded, potentially reducing the amount of Social Security you receive upon retirement.

For self-employed individuals, this is particularly critical, as your income must be reported accurately to receive full credit. Missing records due to unfiled tax returns can lead to gaps in your earnings history, lowering your retirement benefits. To avoid these issues, it’s vital to stay current on tax filings and seek help with unfiled taxes to ensure all income is reported correctly and your future benefits are secured.

IRS Collection and Enforcement Actions

The IRS has broad powers to collect unpaid taxes, especially when unfiled tax returns are involved. If you fail to file, the IRS may create a substitute return for you without including any deductions or credits, increasing the amount owed. If taxes remain unpaid, the IRS can take serious enforcement actions, such as:

  • Wage garnishment: Deducting a portion of your income until the debt is cleared.
  • Bank levies: Seizing funds directly from your bank accounts to cover the unpaid tax balance.
  • Property seizures: Seizing assets, like real estate, to settle outstanding taxes.
  • Tax liens: Placing a lien on your property, which can prevent sales or refinancing until the debt is resolved.

These actions will continue until all unfiled tax returns are submitted and taxes are paid. Seeking help with unfiled taxes is essential to avoid these escalating penalties and enforcement actions. 

Frequently Asked Questions About Unfiled Tax Returns

How many years does the IRS go back for unfiled tax returns?

The IRS rarely goes past six years for non-filing enforcement. For the most part, delinquent returns and substitute for return (SFR) enforcement actions are completed within three years after the due date of the return. However, unfiled tax returns from recent years should be addressed as soon as possible to avoid penalties.

How do I resolve unfiled tax returns?

The following steps are key to resolving unfiled tax returns:

  1. Gather all the information needed to file the past-due return. You can do this by contacting the IRS and requesting your wage and income scripts.
  2. Complete your unfiled tax returns accurately and submit them to the appropriate IRS unit.
  3. Keep an eye on the return processing and other compliance activities. You can do this by contacting the appropriate IRS unit to make sure the IRS processed your unfiled tax returns.

The IRS maintains a file going back numerous years of all W2s, 1099s and 1098s (mortgage interest paid) filed in the name of individual taxpayers. Optima Tax Relief can determine certain facts from master file transcripts, available for those years where the IRS has prepared a substitute return. These ‘records of account’ provide adjusted gross income, taxable income, tax, number of exemptions, filing status and self employment tax. When we take on this kind of case, we will assist in re-filing your returns and our negotiations will be based on more favorable returns for your benefit.

How many years can IRS go back for unpaid taxes?

The IRS generally has 10 years from the date a tax liability is assessed to collect unpaid taxes. This period is called the Collection Statute Expiration Date (CSED). After this time, the IRS can no longer legally collect the debt. However, certain actions like filing for bankruptcy or entering into an installment agreement can extend this period.

What happens if I don’t file my tax return?

If you don’t file your tax return, the IRS can file a substitute return on your behalf, which may not include credits or deductions you’re eligible for. The IRS will then pursue collection actions such as wage garnishments, bank levies, and even property seizures to recover the taxes owed.

Can the IRS garnish my wages for unpaid taxes?

Yes, the IRS can garnish your wages if you have unpaid taxes. They can deduct a portion of your income each pay period until the debt is paid off. It’s important to resolve unpaid taxes quickly to avoid this enforcement action.

What is the penalty for not paying taxes?

The Failure to Pay penalty accrues at 0.5% per month on the unpaid tax balance, up to a maximum of 25%. In addition, interest is charged on the unpaid amount, compounding the financial burden.

How does not filing taxes affect my Social Security benefits?

Failing to file taxes can impact your Social Security benefits, especially for self-employed individuals. The Social Security Administration relies on your reported income to calculate benefits, and unfiled returns can result in lower benefits in the future.

Do You Have Unfiled Tax Returns? Optima Tax Relief Can Help

Optima Tax Relief can prepare past returns using various substitute sources when there are missing records. Those unfiled tax returns should be filed as soon as possible in order to avoid accumulated compounding interest. Also, it should be noted that if unfiled tax returns have not been filed for the three most recent tax years, those returns should be prepared immediately in order to claim any refunds that may be due. For assistance with a tax return, speak with a licensed professional at Optima Tax Relief.

Let Optima Tax Relief Help

Call 1-800-536-0734 for a free consultation.

Let Optima Tax Relief Help

Call 1-800-536-0734 for a free consultation.