Unfiled and back tax returns

The Internal Revenue Service will not agree to anything with you until your returns are filed. Getting current is the first move.

The short version

If you have unfiled tax returns, filing them is the first step and there is no way around it. The Internal Revenue Service will not approve a payment plan, hardship status or an Offer in Compromise while returns are missing. I pull your IRS transcripts to reconstruct the income, file the years that are actually required, and then deal with whatever balance is left.

Almost nobody sets out to stop filing. One year got complicated, or the money was not there to pay what the return would show, so it slid. The next April that year was still sitting there, so the new one slid too.

After three or four rounds of that it has grown into something you cannot look at directly, and the unopened letters make it worse every month. Meanwhile the IRS is not waiting. It already has your W-2s and your 1099s, because the people who paid you filed them. It knows what you were supposed to report. And when you do not file, it eventually files something for you, which is where this gets expensive.

What the IRS files for you is worse than what you would have filed

It is called a substitute return and it is built from the income reported about you and nothing else. No deductions beyond the minimum. No dependents. No business expenses against your 1099 income. Frequently the worst available filing status. If you sold stock, it can count the whole sale as gain because nobody told the IRS what you paid for it.

The bill that comes out of that is usually far above what you actually owe, and then penalties and interest run on the inflated number. This is one of the most common reasons a balance is enormous, and one of the most fixable.

You have more records than you think

People put this off because they think they need paperwork they threw out years ago. Mostly they do not.

Your wage and income transcripts from the IRS list every W-2, 1099, 1098 and K-1 filed under your Social Security number, year by year. That reconstructs the income side of most personal returns on its own. Bank and card statements cover much of the deduction side. For a business, the bank account is the ledger of last resort and it is usually enough to work from.

If you are not sure how many years you are missing, call me. I can find out from the IRS in a few days and you do not have to ask them yourself.

How I do it

  1. Find out what is actually missing. You sign a Form 2848 and I pull your account and wage transcripts. That tells us which years are open, which ones the IRS already filed for you, and what it thinks you owe.
  2. Work out how far back you have to go. Often fewer years than people assume. There is no point preparing returns nobody is asking for.
  3. Reconstruct and prepare. Oldest first, so each year's carryovers land in the right place.
  4. Replace the substitute returns. Where the IRS filed for you, our return replaces its number.
  5. Deal with the balance. Once you are compliant every option opens up. See IRS tax resolution.

The refunds you may be losing right now

Not every unfiled year is a year you owe. People with withholding on a W-2 are often owed money for at least one of the years they skipped. There is a hard time limit on claiming a refund, and when it runs out the money belongs to the government permanently.

That is the reason I would rather you called this month than next year. Everything else here can be fixed later at a cost. A refund that expires is simply gone.

What it is actually like

People come in expecting a lecture. That is not what happens. I have seen this many times and there is nothing you are going to tell me that I have not heard. We work out what is missing, we file it, and we deal with what is left. Most people are surprised how much lighter they feel once the returns are simply gone from the pile.

Common questions

How many years back do I actually have to file?

Usually fewer than people fear. The IRS has a policy on how many years it needs to consider you compliant, and for most individuals it is the last several rather than everything ever missed. Older years get looked at case by case. I find out what the IRS is asking of you specifically before you start digging through boxes.

I have no records for those years. Now what?

You have more than you think. Your IRS wage and income transcripts list every W-2, 1099, 1098 and K-1 reported under your Social Security number, year by year. That covers most of the income side. Bank and card statements fill in a lot of the rest.

The IRS already filed a return for me. Does that count?

It counts against you. When you do not file, the IRS can prepare a substitute return using only the income reported about you: no deductions beyond the minimum, no dependents, and often the worst filing status. The balance is almost always far too high, and filing your own return for that year is how it comes down.

Am I going to jail?

For the overwhelming majority of people, no. Criminal prosecution is reserved for deliberate evasion, and falling behind and being frightened to start is not that. What people actually face is a civil balance, penalties and collection. Coming forward voluntarily is treated very differently from being found.

What if I am owed a refund for those years?

File as soon as you can. There is a strict time limit on claiming a refund and once it passes the money belongs to the government permanently. No hardship argument brings it back. This is the part of waiting that costs real cash rather than worry.

Can I set up a payment plan before everything is filed?

No, and this trips people up constantly. The IRS will not approve an installment agreement, hardship status or an Offer in Compromise while returns are outstanding. Filing is the gate everything else sits behind.

Let us get you current

Call the Exeter office and talk it through. 21 Hampton Road, Suite 101, Exeter, NH 03833.

Call 603-724-2288