People fall behind on taxes for a number of reasons. This can include financial hardship, major life changes, or simply becoming overwhelmed. Whatever the reason for the delay, it is not something that should be ignored. Continuing to ignore the problem will only serve to further complicate and worsen the situation you are now in. Instead, you should take action as soon as possible. Fortunately, there are steps that you can take to get back into tax compliance.
Start by Understanding Your Situation
The first thing you need to do is obtain a full understanding of your situation. First, you should determine exactly which years have past due tax returns. Luckily, the Internal Revenue Service (IRS) makes this fairly simple and easy. You can log into your IRS Online Account to review your filing history or to request your official Tax Account and Wage and Income transcripts. These transcripts cover up to ten prior years, which means this method may not be of use to you if you have been delinquent for longer than this. Alternatively, you can simply call the IRS directly to verify exactly which past years show no record of a processed return. You should also check old mail for any notices from the IRS. This will let you know if they have begun collection actions against you yet. These notices can also be found on your IRS Online Account.
Gather Your Tax Records
Once you understand your situation, it is time to gather your tax records. This will include:
- W-2 forms and 1099s.
- Bank and investment records.
- Business and self-employment records.
- Receipts and documentation for potentially deductible expenses.
You will need all of these in order to file your missing tax returns. Some of this information may be hard to track down if you are filing returns for years long since past. Not to worry. Replacements can be easily obtained. For example, if you can’t find your W-2 for a past year, you can get a replacement quickly by asking your employer or payroll provider.
File Your Missing Tax ReturnsÂ
It is now time to finally file your missing returns. This is a vital first step in getting your tax situation sorted out. Doing so will lessen the penalties you are accruing, as well as open the door to options for tax debt resolution. Remember, it is important that all information you include in these returns is accurate. Do not guess at income or deductions when reconstructing old returns. Doing so could result in further penalties against you, accusations of fraud, or even audits.
What If the IRS Already Filed a Return for You?
During this process, you may find that returns have been filed that you did not file yourself. This usually means that an IRS Substitute for Return (SFR) has been filed. It is a tax return created and filed by the Internal Revenue Service on your behalf when you fail to file your own required tax return. The SFR is created using third-party income data, such as W-2 and 1099 forms. Additionally, an SFR gives zero or minimal deductions and excludes personal exemptions or tax credits you might deserve. For this reason, it is usually in your best interest to prepare a complete and accurate tax return for that specific year, claiming all the deductions and credits you are entitled to, as well as using the correct filing status. This will often result in a much lower tax obligation for that year.
Understand the Potential Penalties and InterestÂ
In the eyes of the IRS, filing your taxes and paying them are two separate responsibilities, and there are different penalties for each. The penalties are as follows:
- Failure-to-File: When you do not file your taxes at all, the resulting penalty is 5% of the amount owed for every month or partial month that your debt goes unpaid. The penalty accrues up to a maximum of 25%.
- Failure-to-Pay: When you fail to pay the taxes you owe by the due date, the resulting penalty is 0.5% of the unpaid taxes for each month or partial month that the tax remains unpaid. This penalty also accrues up to a maximum of 25%.
As you can see, the failure-to-file penalty is much higher. This is why you want to file your missing returns as soon as possible. In addition to penalties, IRS statutory interest compounds daily on both unpaid tax and penalties until the balance is paid in full, increasing your balance even further.Â
What If You Can’t Afford to Pay What You Owe?Â
Many times, people find that they cannot afford the tax bill that comes with filing multiple overdue returns at once. If this happens to you, do not panic. There are many options, including debt settlement, payment plans, and more. The wise move is to engage the help of professional tax relief services. They will negotiate with the IRS on your behalf and help you take care of your tax debt, allowing you to move forward.
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