Law Offices of Segal, Cohen & Landis LLP

Unfiled Returns

What you need to know:

  1. If you do not file a return, the IRS will file a return for you. In doing so, they will make a tax and then try to collect that tax.
  2. If you do not have records to file returns, you can retrieve your income records directly from the IRS. This includes W-2 and 1099 information. With this information, it is important to prepare returns as quickly as possible even if other additional information is not available.
  3. If you call the IRS, they will usually suspend collection activity for awhile to give you a chance to prepare the missing or unfiled returns.
  4. Just because returns are file late, it does not mean that there is a greater chance of being audited. The information contained on the tax return is the primary factor for audits than when the tax return is filed
  5. It is unlikely that the IRS will consider criminal action for unfiled returns. Nearly 10% of the taxpaying population has unfiled returns. Unless you have had very, very large income or income from illegal sources, it is unlikely criminal charges will occur.
  6. If a tax is due after the missing and unfiled returns are filed, then an Offer in Compromise and/or installment arrangement can be entered into.
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