What AWaits You If You Don't File a Tax Return

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You'll have numerous IRS problems when you do not file a tax return. The Tax Code has certain timelines or statutes of limitations set out that allow the IRS to pursue nonfilers.

Criminal: If the IRS gets you within six years of the tax return's deadline, you'll be subjected to criminal charges.

Civil: There will be no deadlines, though civil penalties can be imposed. The penalties and interest can be assessed on the taxes you owe forever.

IRS Policy: Nonfilers are usually not pursued after 6 years from the tax return's due date.

It's a criminal offense not to file a tax return, punishable by a fine of $25,000 per year and a 1-year prison sentence for every unfiled year.

There is no criminal penalty if you filed your tax return, even if you did not pay the taxes that you owe. Still, the unpaid tax is subjected to penalties and interest.

How the IRS pursues nonfilers include:


  • The Computerized Information Returns Program (IRP). The program matches information documents against tax returns you have filed. If there is nothing found indicating that you filed a tax return, the IRS starts a Taxpayer Delinquency Investigation (TDI). Subsequently, letters from the IRS and telephone calls will be received and finally a revenue officer will look for you.
  • Nonfilers are notified in four different ways. Other methods will be employed if you don't respond to one:

    • Service Center written request. Three notices within a 16-week period will be served.
    • A taxpayer service representative will contact you. A deadline to file your tax returns will be set..
    • Phone call or visit from a revenue agent or officer. You'll be offered help to prepare your returns and given a deadline. (The IRS can legally do your tax returns if you still don't file them.)
    • Visit from special agent. If this happens, it means you're subject to a criminal investigation.

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  • Reply
    blue22d blue22d Apr 26, 2008 @ 1:11 am
    Oh yes...my husband and me fell into the trap of the 3 year rule. In the 1990s, we did not owe taxes, but paid a lot via payroll deductions. We did not file knowing we did not owe. They came after us to file, via letters and when we did, showing we were due refunds, they took the monies plus charged us interest. It was a nightmare of our lives. DO NOT MAKE THIS MISTAKE.

by darrinm

Experienced, Nationally Recognized, Tax Attorney for Your Most Serious IRS Problems (more)

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