As Benjamin Franklin once wrote, “in this world, nothing is certain but death and taxes.” And certainly, many Americans find themselves dreading both — the latter so much so that some may avoid filing their taxes entirely.
Imagine Jeff, a 35-year-old who hasn’t filed an annual tax return in 10 years. To avoid possible fees and penalties, he’s ready to get caught up on his tax obligations.
The question is, if you’re several years behind on your tax filing, how do you get started? And should you be worried about being in trouble with the IRS?
How the IRS handles missing tax returns
If you’re like Jeff and you know you’re behind on your taxes, you’re probably wondering exactly how much trouble you could be in. If you expected to receive a tax refund in the years you didn’t file, you might think that there’s little harm done — other than the fact that you missed out on some extra income.
However, the IRS may see things differently. For example, if Jeff avoided filing his taxes to avoid paying what he owes, the IRS may file a substitute return on his behalf (1). This return is based on the agency’s assessment of an individual’s income and it likely won’t give Jeff credit for all the deductions and exemptions he may be entitled to.
A substitute return will also lead to a tax bill that could trigger the debt collection process. In an attempt to collect what is owed, the IRS could place a levy on Jeff’s wages (2) or file notice of a federal tax lien on his property, including real estate, personal property and financial assets (3).
Jeff would also likely face a 5% monthly penalty for each late return, capped at 25% of the tax due (4), in addition to a 0.5% monthly penalty for any unpaid amounts (5).
That said, if you simply fell behind on your tax obligations, don’t panic. The fact that you’re reading this proves that you have good intentions, and there are steps you can take to get back on track.
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How to catch up on your taxes
By acknowledging that he needs to get current with his taxes, Jeff has already taken the first step toward resolving the issue.
Here’s what anyone behind on their taxes should do next:
Gather income documents
Collect the tax documents needed to file for each year, such as W-2s and 1099s. In most cases, taxpayers are only required to file the last six years of back taxes to become compliant (6).
However, if you have high income or there are indications of fraud, the IRS may request tax returns for all missing years. Call them directly, recommends Debt.org, to determine what is needed in your case.
Request income transcripts
The IRS keeps records of income, and it’s important that your tax returns match these records. You can use IRS Form 4506-T (1) to request income transcripts from the last 10 years to see what employers reported to the IRS.
Obtain the correct tax-filing forms
You can download tax forms for the specific years you missed at IRS.gov. Make sure you’re using the correct forms for each calendar year.
Consult a tax professional
If you’re more than a few years behind on your taxes, it could require a substantial amount of paperwork to get caught up. When in doubt, a tax professional may be one of your best resources to help get back in good standing.
File even if you can’t pay
Even if you can’t afford to pay your back taxes right away, it’s important to start the process to avoid additional penalties. If you end up owing money you can’t afford to pay in full, you can request an installment agreement to make payments overtime (1).
You can also claim tax refunds from the last three years, though any refunds you might have earned in previous years will be forfeited (1).
How you can avoid a tax headache in the future
Filing your taxes can feel intimidating, but falling behind on your taxes only compounds the issue. Once you catch up, it’s important to take steps to ensure you never fall behind again.
Start by gathering everything you will need to file your next annual tax return. This includes income documents like W-2s and 1099s as well as any receipts he may need to reference to deduct his expenses.
If you prefer a manual approach to filing, working with a tax professional might be one of the best options to stay on track. Alternatively, you could also use tax preparation software to prepare and file tax forms electronically. Tax returns are generally due on April 15, though if this date falls on a weekend or holiday, individuals have until the next business day to file (7).
If tax filers need more time, they can request a six-month extension (7). However, taxes that are paid late will likely still be subject to late penalties. So, when it comes to filing it can literally pay to be on time.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
IRS (1), (2), (3), (4), (5), (7); Debt.org (6)
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Katie Ziraldo is a writer who specializes in simplifying complex topics to create educational content for readers at all knowledge levels. She first discovered her passion for financial content as a writer for Rocket Companies, where she represented brands including Rocket Mortgage, Rocket Homes and Rocket Money. Her portfolio of work also includes bylines in The Detroit Free Press, HuffPost and LendingTree. Driven by the desire to guide readers through life’s most complex financial moments, Katie has written hundreds of personal finance articles, with topics ranging from mortgages to personal loans, credit cards and insurance.
