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BACK TAX RETURNS
Unfiled taxes
If you don’t file a required tax return by the deadline, it’s called a back tax return, an unfiled return, or past-due return. You can face consequences with the IRS if you have back tax returns.
How to resolve back tax returns
The IRS may contact you to ask you to file, or may take more serious actions, such as filing a return for you or opening a criminal investigation. To get back into filing compliance, you should follow IRS procedures and use several best practices to resolve your late-filing issue.
The three statutes of limitations taxpayers should know
There are lots of important deadlines at the IRS, some of which limit the amount of time taxpayers and the IRS have to take certain actions. Here are three deadlines that every taxpayer should know and how they affect back tax returns.
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How to resolve back tax returns
If you don’t file a required tax return by the deadline, it’s called a back tax return, an unfiled return, or past-due return. You can face consequences with the IRS if you have back tax returns.
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IRS actions on back tax returns
When taxpayers don’t file required tax returns, the IRS can pursue those returns (called enforcement) through its IRS Collection and Examination (audit) functions. The IRS Collection function pursues most unfiled returns, starting by identifying non-filers using third-party information returns (such as Forms W-2, 1099, etc.). Most of the time, taxpayers will receive several notices asking them to voluntarily file their back tax returns.
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Four steps to take if you have unfiled tax returns
Per IRS estimates for 2022, almost 12 million taxpayers did not file a required return. Add to that the growing number of taxpayers who still must file returns to continue receiving advance payments of the premium tax credit to pay for their health insurance. In all, there are likely more than 15-18 million people who must file back tax returns each year.
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Penalties for not filing or filing late tax return
Taxpayers who file a late tax return and have a balance due can face significant monetary penalties. Taxpayers who willfully fail to file can also face criminal sanctions.
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How many years of back tax returns can the IRS require me to file?
In general, the IRS requires taxpayers with delinquent returns to file the past six years of tax returns to be in federal tax compliance. In practice, though, the IRS inconsistently interprets the six-year return filing requirement. If the deadline to file the current year hasn’t passed (including filing extensions), the IRS often requests the current-year return plus the previous six years from taxpayers with delinquent returns.
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10 important facts to know about resolving back tax returns
When you need to address back tax returns, it’s important to understand how the IRS works. Here are 10 key points that will help you as you resolve your past-due returns and get back in good standing with the IRS.
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