Consequences Of Not Filing

File your tax return and do it on time. If you can’t file by the due date, you should request an extension of time to file. If you don’t, the IRS may assess a penalty on your account for filing your tax return late.

If you owe taxes
Even if you have an extension to file your tax return, any taxes you owe are still due on the tax return due date. The IRS will charge you interest and a late paying penalty for paying late. These charges are based on the amount you owe and the length of time it takes to pay it. The sooner you pay the tax, the less penalties you may need to pay. If you can’t pay all at once, you have additional options.

If you end up with a penalty
If you filed your tax return or paid your taxes late, the IRS may have assessed one or more penalties on your account. In some cases, the IRS will waive the penalties for filing and paying late. You can ask the IRS to abate filing/paying penalties by either calling the phone number on the notice you received OR sending a letter with all your  request and any documents to the IRS Office you filed your original return with. However, you’ll need to ask the IRS to do this. The IRS will usually consider the following:

Reasonable Cause – You have a reason for not filing or paying on time, including:

• You exercised ordinary business care and prudence to determine your taxes;
• You had matters beyond your control that left you unable to file or to determine the amount of deposit or tax due;
• You didn’t receive necessary financial information;
• You didn’t know you needed to file a tax return even though you made efforts to find out;
• You had a death in your immediate family;
• You or a member of your immediate family suffered a serious illness that kept you from handling your financial matters; or
• You lost your tax documents in a fire or some other disaster.

This list doesn’t include all possible reasons. Be prepared to explain to the IRS what issues you faced and why they caused you to file your tax return or pay your taxes late. You should also be prepared to show the IRS you’ve corrected the situation, and you won’t have problems filing and paying on time in the future.

First-Time Penalty Abatement – You may qualify for administrative relief from penalties for failing to file your tax return on time, pay your taxes on time, or to deposit taxes when due under the IRS’s First-Time Penalty Abatement policy if the following are true:

• You didn’t previously have to file a tax return or you have no penalties (except the estimated tax penalty) for the three tax years prior to the tax year in which you received a penalty;
• You filed all currently required tax returns or filed a valid extension of time to file; and
• You have paid, or have arranged to pay, any tax due.

If you file your tax return or pay your taxes late, you can suffer a variety of consequences. This is true whether you have a refund coming or owe taxes. Consequences include:

Delay in receiving your refund
If you are due a refund, you will not receive it until you file your tax return.

Penalties and interest
The IRS may assess interest and penalties on your account.

The IRS may file a tax return on your behalf
This is called a Substitute for Return (SFR). Because the IRS may not have complete information about your situation, it may overstate your tax liability. This could mean you’d owe more taxes, or you will receive less of a refund than if you had filed your own return. If the IRS files an SFR, it’s still in your best interest to file your own tax return to take advantage of any exemptions, credits, and deductions you’re entitled to receive.

Collection actions
When you file a tax return or the IRS files an SFR for you that shows a balance due, the IRS will try to collect that amount. Depending on your situation, the IRS may file a lien that attaches to your property or rights to property or place a levy on your bank account, wages, or other sources of income.

Identity theft
Another possible consequence of not filing your own tax return is someone else might use your Social Security number and file a false tax return, stealing your identity. If this happens, when you do file, your return and any refund will be delayed while the IRS determines which return is correct.

Losing your refund
You must file your tax return within a specified period to receive a refund. In general, you can lose your refund if you don’t file within the Refund Statute Expiration Date (RSED).

The Refund Statute Expiration Date (RSED) is the end of the time period in which a taxpayer can make a claim with IRS for a credit or refund for a specific tax year(s). If a claim is not made within the specified time, then a taxpayer may no longer be entitled to a credit or refund. 

The Taxpayer Advocate Service is an independent organization within the IRS that helps taxpayers and protects taxpayers’ rights. We can offer you help if your tax problem is causing a financial difficulty, you’ve tried and been unable to resolve your issue with the IRS, or you believe an IRS system, process, or procedure just isn’t working as it should. If you qualify for our assistance, which is always free, we will do everything possible to help you.

Visit www.taxpayeradvocate.irs.gov or call 1-877-777-4778.

Low Income Taxpayer Clinics (LITCs) are independent from the IRS and TAS. LITCs represent individuals whose income is below a certain level and who need to resolve tax problems with the IRS. LITCs can represent taxpayers in audits, appeals, and tax collection disputes before the IRS and in court. In addition, LITCs can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Services are offered for free or a small fee. For more information or to find an LITC near you, see the LITC page on the TAS website or Publication 4134, Low Income Taxpayer Clinic List.