QUESTIONS ON UNFILED TAX RETURNS
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WHAT IF I HAVE NOT FILED A TAX RETURN IN PRIOR YEARS?
There are many people with unfiled tax returns. You are not alone. Millions of people for whatever reason fail to file. At some point, the IRS will contact you.
The years we file depend on the individual case. As a general rule, we will file the last 3 to 6 years, contact the IRS, and then find out if they want more returns filed. An exact answer cannot be given because the situation varies from case to case.
IRS wants to get you back into the system, to be current, and to file and pay all future taxes. The first step depends on you. Get back into the system. We will start that process for you to help you with your unfiled tax returns.
HOW CAN YOU GET MY INCOME RECORDS TO FILE MY RETURN?
IRS has a program available to provide the last 6 years of available income records that is part of your permanent federal record.
When a taxpayer has lost tax records, we can request these records from the IRS, including past W-2’s, 1099’s, and all interest and dividend information.
From there, we ask a series of questions to reconstruct your federal income tax return and assure that you get all of the deductions relevant to your tax situation.
HOW MANY PRIOR YEARS SHOULD I FILE MY TAX RETURNS?
This is a question which can have many different answers. A method to consider is to file the last three returns with a letter to the IRS that states you want to comply and that these are the last three years.
Send in your tax forms using certified mail and you will have a written record of your compliance. Many times, the IRS will accept your last three years and consider you being satisfactory compliant. There are other situations, based upon a full review of your tax history from an IRS transcript, where a 6-year filing of unfiled tax returns might be more appropriate and necessary.
CALL FOR A FREE CONSULTATION REGARDING YOUR UNFILED TAX RETURNS AT NO COST OR OBLIGATION.
WHAT ARE MY TAXPAYER RIGHTS?
You have many rights as a taxpayer. There is a Taxpayer Bill of Rights (TBOR), and it can be found IRS.gov. It is best for Joshua A. Webskowski, EA, USTCP to decide what rights to assert and when to assert these rights, depending on the status of your IRS file. The IRS Taxpayer Bill of Rights requires stringent compliance for all involved.
WHY SHOULDN’T I RESOLVE MY TAX ISSUES ON MY OWN?
I usually know when something is wrong with my car, but I do not know how to fix it. We have professionals who cumulatively have worked in the tax business for over 60 years. We know the business, the systems, the rules, and the regulations.
You do not know if you are getting the best possible outcome, we do. The IRS acts in their best interest, not yours. The federal tax system is complicated and we have the years of experience and know-how to tap into for the best possible outcome for your unfiled tax returns.
DO I HAVE TO COMMUNICATE DIRECTLY WITH THE IRS?
No, Joshua A. Webskowski, EA, USTCP will provide immediate representation and you will not have to communicate nor correspond with IRS at all. That is our job. If you do decide to speak directly with the IRS, the information you provide could harm you.
The IRS is there for one reason: to ensure that the taxes in full are collected. They are the most powerful collection agency in the world.
WHY HIRE JOSHUA A. WEBSKOWSKI, EA, USTCP?
For individuals who want personalized attention to every detail;
- Our Team has over 205 Years of Combined Professional Tax Experience;
- Exclusive Access to a Tax Professional, Not a Salesperson;
- Comprehensive Review of Your Taxpayer Rights;
- Unbiased Tax Advice, including do-it-yourself resolution options;
- Honesty, Integrity, Dependability, Affordable.
WILL THE IRS CONSIDER NON-FILING OF MY TAX RETURNS CRIMINAL AND TAX EVASION?
The IRS will consider all things before making a determination. Most of the time, the IRS is looking for the taxpayer to get back into compliance with filing tax returns and paying the tax. Unless there was willful evasion, taxpayers should not be afraid to file back tax returns or unfiled tax returns.
DO I NEED A TAX ATTORNEY?
Very few cases require a tax lawyer or tax attorney. Most cases with the IRS are civil cases. Former IRS Agents, CPA’s or Enrolled Agents with experience will save you a lot of time and money. However, if it is a criminal case, a tax attorney should be consulted.
HOW DO I KNOW IF I AM AN INNOCENT SPOUSE?
The Innocent Spouse provision has many facets to it and there are three general rules that apply. I would check our section on innocent spouse to see if you meet the provisions.
If you are a spouse and your other spouse has not filed back returns, do not put your name on back years unless you have talked to a tax professional.
WILL THE IRS LEVY MY WAGES DUE TO MY BACK TAXES?
Not necessarily. IRS will only send a levy out if you are not cooperating with them. If you file your back tax returns with the IRS and are caught up in the current year with tax withheld or estimated tax payments, IRS will negotiate a settlement on any tax due.
Many times the IRS will set up a payment agreement with you and be glad to get you back into the tax system.
WHAT HAPPENS IF I AM CONTACTED BY THE IRS CRIMINAL INVESTIGATION DIVISION?
Immediately see a criminal tax attorney. Do not talk to anyone accept that tax attorney. This is a serious situation that needs immediate attention.
IS THERE A STATUTE OF LIMITATIONS FOR UNFILED BACK TAX YEARS?
There is no Statute of Limitations on back years because there is nothing for the statue to run against. What starts the Statue of Limitations running is the filing and the processing of the return.
HOW MANY BACK TAX YEARS SHOULD I FILE WITH THE INTERNAL REVENUE SERVICE?
It is best to talk to a tax professional about your specific situation. Not all situations are the same, and each situation requires due consideration.
I would at the very least prepare the last three returns and plan to be current with estimate filings and payment for this tax year.
CAN A WAGE GARNISHMENT BE FILED ON MY WAGES OR A TAX LEVY PLACED ON MY BANK ACCOUNT IF I HAVE UNFILED OR BACK YEARS TO FILE?
Yes they can. the IRS can prepare a Substitute For Return (SFR) or Automated Substitute For Return (ASFR), which means they have prepared tax returns for you.
It is possible that the IRS will prepare these returns and send out the Wage Garnishment Notices.
Make sure you get your tax returns filed. If IRS has prepared substitute returns for you, they must send you a notice and you will have time to respond to the IRS request. Many people have moved away and never get the tax change notice because the IRS relies on your Last Known Address (LKA).
If this situation applies to you, you can ask for audit consideration to get your original returns on record.
WHAT HAPPENS IF I DO NOT HAVE MY BACK TAX INFORMATION TO PREPARE MY RETURNS?
Simply contact the IRS and they will be able to give you copies of all your income reported to them that is in the IRS computer. We can help you file any back tax returns and help you with your back tax problems.
WILL IRS GIVE ME DEBT RELIEF ON PENALTIES AND INTEREST?
They can, but you must have a reasonable cause basis before the IRS will consider abatement of penalties and interest. There is a list of penalty excuses on the IRS website.
CAN I FILE BACK TAXES ONLINE?
Currently there is no way to file back income taxes online. The online tax filing process is for current years only.
HOW CAN I PAY MY BACK TAXES IF I AM NOT MAKING MUCH MONEY?
The IRS has various programs available to work out arrangements for individuals and business that have back tax problems. They are called Offers in Compromise, Payment Agreements and Currently Non-Collectable.
Many times, the IRS will place cases where someone does not have or make much money in Hardship Status or Currently Non-Collectable Status because they do not have the ability to pay at this time. The IRS will look at these cases at a later time, closer to the Collection Statute Expiration Date.
CAN I STILL FILE AN OFFER IN COMPRISE IF I HAVE NOT FILED BACK TAXES?
IRS legally has to process all Offers in Compromise and will look at your case on back taxes if it makes sense. The IRS has a job to do and that is to collect any and all taxes due.
HOW WILL THE IRS ALLOW ME TO PAY BACK MY TAXES?
The IRS will ask for a financial statement and govern that statement by the National Standards Test. The National Standards Program is used to govern and decide which expenses can be used by taxpayers.
Based on your income and expenses, adjusted by the National Standards, the IRS will determine how much you can pay them and will then set you up on a monthly payment plan unless you qualify for an Offer in Compromise or Currently Non-Collectable Status.