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Delinquent Tax Returns


We have many people come to us who have not filed in a few years and they are terrified of the possible consequences. While I do not want to make light of the situation, the fact is, if you come forward and file your delinquent tax returns, the chances of any problems beyond the penalties and interest are remote. The IRS does not prosecute late filers who come forward with their returns except in rare cases.

But how far back should you go? Well, the stock answer is, as far back as you have not filed. This is naive however. How far back you should go depends on the facts and circumstances of your case. But in general, you should go back six years unless:

(1) The IRS has filed a substitute for return against you for an earlier year and the liability they have calculated is much greater than if you filed the return.

                                                                        or

(2) After the returns are filed, you will need to enter into an installment agreement or want to make an Offer In Compromise. This is because they will not generally consider either one if you have returns outstanding.

It may be that you do not have to file for some years if you did not have a filing requirement.  The 1040 instructions will help you determine if you have a filing requirement.

Since you are likely to owe tax after the returns are filed, we recommend you hire an experienced professional to help you file the returns and deal with IRS collection issues. Many firms that provide assistance to taxpayers such as yourself will send you somewhere else to have the returns prepared. We can prepare the returns and deal with the collections issues. 

The bottom line is, if you come forward and file your delinquent tax returns, an enormous burden will be lifted from your shoulders. Contact us today to get the process started. Then relax and enjoy the weekend! You can trust our experience.



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