Unfiled Returns (Back Taxes)

Whether you delay filing your tax return for a year or two or many years, it’s not worth it. Believe it or not, ten million people or more fail to file their tax returns each year! That’s incredible—who would have thought that, right? If you are a “nonfiler,” in addition to having to pay back taxes, you could be looking at civil and criminal penalties.

One thing that’s very real is that the IRS is becoming very good at finding nonfilers. So while the IRS may not have found you yet, if you have an unfiled tax return than sooner or later they will and they will want their unpaid back taxes.

What are the consequences of unfiled tax returns and back taxes?

Failing to file tax returns and falling behind on paying taxes can lead to serious repercussions that negatively impact your financial well-being and legal standing. Here’s a breakdown of what you could face if you find yourself in this situation:

1. Penalties and Interest
   When you don’t file your tax returns on time, the IRS can slap you with penalties. These penalties can add up quickly, amounting to 5% of the unpaid taxes for each month your return is late, with a maximum penalty of 25%. On top of that, you’ll also accrue interest on any unpaid taxes from the due date until you settle your debt.
2. Loss of refunds
   If you’re owed a tax refund for any of the years you failed to file, you might forfeit that money if you don’t act within the IRS’s statute of limitations. This means you’re essentially leaving money on the table that rightfully belongs to you.
3. Legal action
   The IRS has the authority to take legal action to ensure you comply with tax laws. This might involve the IRS filing a substitute return on your behalf, which typically doesn’t consider any deductions or credits you might qualify for, potentially leaving you with a higher tax bill. They can also impose civil penalties, place liens on your property, or garnish your wages or bank accounts to collect unpaid taxes.
4. Criminal charges
   In cases of deliberate tax evasion or fraud, you could face criminal charges. This can result in hefty fines and even imprisonment, so it’s crucial to take your tax obligations seriously.
5. Impact on credit and financial standing
   Unfiled tax returns and back taxes can harm your creditworthiness. Lenders often require tax returns when assessing loan applications, so failing to file can hinder your ability to secure loans or credit. It may also affect your eligibility for certain professional licenses or certifications.
6. Difficulty resolving tax issues
   Not filing tax returns can complicate efforts to resolve tax-related matters, such as audits or disputes with the IRS. It may also limit your options for negotiating payment arrangements or settlements.
7. Loss of Social Security Benefits
   If you’re self-employed and fail to file tax returns, you may miss out on credits toward Social Security benefits, potentially impacting your future retirement income.

If you’re facing unfiled tax returns or back taxes, it’s essential to address the issue promptly. And if you are being pursued for these types of tax issues, you’ll probably get a call from the IRS Criminal Investigation Division. You need to know that they routinely make an example of a few people so the rest of the taxpaying public will take notice. Essentially they are trying to communicate “don’t do this – if you do, your life could be destroyed.” They are very successful in their efforts, but you do not have to get to this point.

Voluntary Disclosure Policy

The Voluntary Disclosure Policy is a program offered by the IRS that allows taxpayers to come forward voluntarily and disclose previously undisclosed income or assets. It is an opportunity for taxpayers to rectify their tax situation by submitting missing returns and potentially avoiding prosecution. This program is especially beneficial for those with unfiled tax returns, as it offers a chance to come clean and comply with tax laws. However, there are crucial requirements to consider:

• Accuracy is key
  All unfiled tax returns submitted through the Voluntary Disclosure Program must be fully accurate. Failure to provide complete and accurate information can increase the risk of criminal prosecution.
• Honest disclosure
  If you believe the Voluntary Disclosure Program is the right path for you, it’s essential to voluntarily inform the IRS of your failure to file and ensure that your income comes from legal sources.
• Timely action
  To qualify for the program, you must file a correct tax return, make full payment, and disclose your noncompliance before becoming aware of any criminal investigation against you.

By adhering to these requirements and taking prompt action, taxpayers can leverage the Voluntary Disclosure Program to address unfiled tax returns and back taxes while minimizing the risk of legal repercussions. As a tax attorney, I can guide you through the voluntary disclosure process and help you navigate the requirements to achieve the best possible outcome.

Here’s what we can do for you…

At the law office of Steven Klitzner, we specialize in resolving tax issues and can provide comprehensive assistance to individuals with unfiled tax returns and back taxes. Here’s how we can help:

• Evaluate your tax situation
  We will review your financial records and assess your tax liability to determine the best course of action.
• File past-due tax returns
  We will assist you in preparing and filing any unfiled tax returns to bring you into compliance with IRS requirements.
• Negotiate with the IRS
  We will communicate with the IRS on your behalf to negotiate payment arrangements, settlements, or penalty abatements to help you resolve your tax debt.
• Represent you in legal proceedings
  If necessary, we can represent you in audits, appeals, or other legal proceedings with the IRS to protect your rights and interests.

Don’t let unfiled tax returns and back taxes overwhelm you. With the help of a knowledgeable tax attorney, you can take proactive steps to address your tax issues and achieve peace of mind. Call us today at (305) 564-9199 for a free, confidential consultation and start resolving your tax concerns.