Will I get in trouble if I don't file taxes this year?
The IRS may charge you penalties and interest for each month you go without filing and paying the taxes due. Additionally, if you don't file a return within three years of the due date, you may forfeit any refund you're owed.
If you owe taxes and didn't file your federal income tax return by the tax deadline, there may be consequences in the form of IRS penalties and interest. The caveat is that not everyone is required to file taxes.
The IRS will charge you $500 for every month you haven't filed your taxes. But the IRS may not charge you more than $2,500. If you expect to owe penalties for filing your tax return late, you should consider speaking with a tax professional. You may be responsible for additional penalties, plus interest.
Penalties and interest apply to taxes owed after April 18 and interest is charged on tax and penalties until the balance is paid in full. Filing and paying as much as possible is key because the late-filing penalty and late-payment penalty add up quickly.
Some people may choose not to file a tax return because they didn't earn enough money to be required to file. Generally, they won't receive a penalty if they are owed a refund. But, they may miss out on receiving a refund.
While there are no income requirements, the IRS has certain eligibility standards that must be met in order to qualify for the program, including: You must have filed all required tax returns for the previous three years. You must not owe more than $50,000 in taxes, including interest and penalties.
You can file two years of tax returns, however, they must be completed separately. For example, you would have to input your 2020 tax forms in your 2020 tax return and your 2021 tax forms in your 2021 tax return.
There's no penalty for failure to file if you're due a refund.
Personal income tax. The due date to file your California state tax return and pay any balance due is April 15, 2024. However, California grants an automatic extension until October 15, 2024 to file your return, although your payment is still due by April 15, 2024. No application is required for an extension to file.
The federal tax return filing deadline for tax year 2023 is April 15, 2024. If you can't file on time, you should file an extension by the tax deadline. This will push back the tax filing deadline and protect you from possible failure-to-file penalties.
What is income tax evasion?
Tax evasion is the illegal non-payment or under-payment of taxes, usually by deliberately making a false declaration or no declaration to tax authorities – such as by declaring less income, profits or gains than the amounts actually earned, or by overstating deductions. It entails criminal or civil legal penalties.
The IRS will contact the employer or payer and request the missing form.
The minimum income amount depends on your filing status and age. In 2023, for example, the minimum for Single filing status if under age 65 is $13,850. If your income is below that threshold, you generally do not need to file a federal tax return.
How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.
6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.
If you are legitimately unable to pay anything toward your tax debt due to current financial hardship, you can request a currently not collectible (CNC) status. CNC status provides only temporary relief, though — it does not permanently eliminate your tax debt.
Once a non-filer has gone a few years without filing, they may find it tempting to continue neglecting the task. However, if non-filers have not filed taxes in several years, this could leave them exposed to steeper penalties and time in prison.
Willful failure to file a tax return is a crime, which could lead to your arrest, prosecution, and, if you are convicted, penalties including jail time and tens of thousands of dollars in fines. You will also gain a criminal record, which could have untold damage to your career and reputation.
In a Nutshell
If you haven't filed a tax return in years, you may be wondering how to get back on track. The best way to make up for missed filings is to go back and file your old/missed returns with the Internal Revenue Service (IRS). Late or missing tax return filings can lead to penalties and possible legal trouble.
If you didn't pay enough tax throughout the year, either through withholding or by making estimated tax payments, you may have to pay a penalty for underpayment of estimated tax.
How much is the penalty for filing your taxes late?
If you owe tax and don't file on time, there's also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.
This year, the Tax Day deadline is April 15, 2024, for most taxpayers. Some filers get a little extra time automatically due to natural disasters or state holidays, but the rest of us need to fire up our favorite tax software and get crunching.
For taxpayers who need an extension of time to file their taxes, there are several options to get an automatic extension through Oct. 15. Although an extension grants extra time to file, it does not extend the obligation to pay taxes due on April 15, 2024.
The IRS knows about any income that gets reported on a 1099, even if you forgot to include it on your tax return. This is because a business that sends you a Form 1099 also reports the information to the IRS. The IRS cross-references tax returns with other income records that businesses submitted.
If you cannot afford to pay your taxes, the IRS will not send you to jail. However, you can face jail time if you commit tax evasion or fraud. The tax attorneys at The W Tax Group can help you navigate the tax code. If you're having trouble with the IRS, contact us today.
References
- https://www.irs.gov/newsroom/irs-delivers-strong-2024-tax-filing-season-expands-services-for-millions-of-people-on-phones-in-person-and-online-with-expanded-funding
- https://www.irs.gov/newsroom/who-needs-to-file-a-tax-return
- https://ttlc.intuit.com/community/taxes/discussion/can-i-file-2-years-of-taxes-together/00/2820088
- https://turbotax.intuit.com/tax-tips/self-employment-taxes/what-happens-when-someone-forgets-to-file-a-1099-on-their-tax-return/L5O3UoLQh
- https://criminaldefenselawventura.com/criminal-defense/tax-evasion-charges-california/
- https://turbotax.intuit.com/tax-tips/irs-tax-return/taxable-income-vs-nontaxable-income-what-you-should-know/L0h4j5DZQ
- https://www.bench.co/blog/tax-tips/what-happens-if-you-dont-file-taxes
- https://www.hrblock.com/tax-center/income/other-income/how-much-do-you-have-to-make-to-file-taxes/
- https://blog.turbotax.intuit.com/taxes-101/11-most-popular-reasons-for-filing-late-or-not-filing-at-all-2713/
- https://www.taxslayer.com/blog/get-tax-refund-without-paying-taxes/
- https://thelawdictionary.org/article/do-i-have-to-file-taxes-if-i-made-less-than-10000/
- https://ttlc.intuit.com/community/taxes/discussion/can-i-file-two-years-of-tax-returns-at-the-same-time/00/758057/page/2
- https://www.irs.gov/individuals/check-if-you-need-to-file-a-tax-return
- https://www.irs.gov/newsroom/missed-the-april-18-filing-deadline-file-now-to-limit-penalties-and-interest
- https://www.irs.gov/publications/p596
- https://www.irs.gov/pub/irs-utl/oc_helpyourselfbyfilingyourprioryearreturnsfinal.pdf
- https://wiggamlaw.com/blog/unfiled-returns/
- https://www.irs.gov/payments/penalty-relief-for-reasonable-cause
- https://lendedu.com/blog/how-to-settle-tax-debt-with-the-irs/
- https://www.taxcrisisinstitute.com/what-happens-if-you-forgot-a-w2-on-your-taxes/
- https://www.wikihow.com/File-a-Zero-Income-Tax-Return
- https://turbotax.intuit.com/tax-tips/irs-tax-return/can-i-file-an-income-tax-return-if-i-dont-have-any-income/L5T6d4PZP
- https://www.skynova.com/learn/taxes/unfiled
- https://www.wtaxattorney.com/tax-problems/unfiled-tax-return/ten-years-unfiled/
- https://www.irs.gov/individuals/dont-lose-your-refund-by-not-filing
- https://finance.yahoo.com/news/3-things-irs-won-t-170743342.html
- https://www.investopedia.com/articles/personal-finance/021214/why-do-so-many-people-fall-behind-their-taxes.asp
- https://www.irs.gov/taxtopics/tc305
- https://www.cbsnews.com/news/how-the-irs-knows-you-didnt-report-income/
- https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-forms/get-1099-nec-1099-misc-still-need-report-income/L2FWNpbZ5_US_en_US
- https://www.transparency.org/en/corruptionary/tax-evasion
- https://en.as.com/latest_news/requirements-to-receive-up-to-7000-for-the-earned-income-tax-credit-refund-eitc-n-5/
- https://www.cnbc.com/select/irs-600-reporting-rule-delayed/
- https://www.irs.gov/businesses/small-businesses-self-employed/notices-for-past-due-tax-returns
- https://www.hrblock.com/tax-center/irs/tax-responsibilities/prision-for-tax-evasion/
- https://upsolve.org/learn/have-not-filed-tax-return-in-years/
- https://www.cnet.com/personal-finance/taxes/times-up-your-tax-day-2024-deadlines-to-file-your-income-return/
- https://www.taxpayeradvocate.irs.gov/news/tax-tips/tas-tax-tips-need-options-for-when-you-owe-federal-taxes-but-cant-pay-in-full/2024/04/
- https://www.wtaxattorney.com/tax-problems/penalties/jail-for-taxes/
- https://www.usa.gov/who-needs-to-file-taxes
- https://www.hrblock.com/tax-center/irs/audits-and-tax-notices/can-the-irs-get-my-financial-information/
- https://www.forbes.com/advisor/taxes/missed-income-tax-deadline/
- https://www.cbsnews.com/news/tax-irs-audit-here-are-your-chances-cbs-news-explains/
- https://taxcure.com/tax-problems/unfiled-tax-returns/yearly-consequences
- https://www.irs.gov/payments/failure-to-file-penalty
- https://www.irs.gov/pub/irs-utl/oc-havent-filed-your-tax-return.pdf
- https://www.miamiherald.com/banks/tax/irs-fresh-start-program/
- https://anthemtaxservices.com/blog/i-havent-filed-taxes-in-10-years-or-more-am-i-in-trouble
- https://www.bctax.com/blog/what-to-do-if-you-havent-filed-taxes-in-years/
- https://www.irs.gov/businesses/small-businesses-self-employed/how-long-should-i-keep-records
- https://www.wtaxattorney.com/tax-problems/unfiled-tax-return/three-years-unfiled/
- https://www.irs.gov/taxtopics/tc653
- https://www.hrblock.com/tax-center/irs/audits-and-tax-notices/years-since-filed-tax-return-start-filing/
- https://www.nerdwallet.com/article/taxes/penalty-for-failure-to-file-taxes
- https://www.findlaw.com/tax/tax-problems-audits/what-happens-if-you-dont-file-taxes-for-10-years-or-more.html
- https://turbotax.intuit.com/tax-tips/irs-letters-and-notices/top-red-flags-that-trigger-an-irs-audit/L2TzlqFNe
- https://cookcpagroup.com/what-happens-if-havent-filed-taxes-years-california/
- https://www.irs.gov/filing/time-irs-can-collect-tax
- https://www.ftb.ca.gov/file/when-to-file/due-dates-personal.html
- https://www.communitytax.com/tax-blog/i-havent-filed-taxes-in-10-years/
- https://taxrise.com/is-it-illegal-not-to-file-your-taxes/
- https://www.talent.com/tax-calculator/California-60000
- https://tax.thomsonreuters.com/blog/the-irs-cracks-down-on-non-filers/
- https://damienslaw.com/irs-collection-statute-of-limitations/
- https://www.irs.gov/compliance/criminal-investigation/how-criminal-investigations-are-initiated
- https://www.irs.gov/newsroom/what-to-do-when-a-w-2-or-form-1099-is-missing-or-incorrect
- https://www.investopedia.com/financial-edge/0411/5-groups-that-dont-pay-taxes.aspx
- https://www.findlaw.com/tax/tax-problems-audits/what-to-expect-if-you-don-t-pay-your-taxes.html
- https://sherman.house.gov/taxrefund
- https://www.simmrinlawgroup.com/faqs/how-long-do-you-go-to-jail-for-tax-evasion-in-california/
- https://www.iowalegalaid.org/resource/my-only-income-is-social-security-do-i-have-to-pay-any-taxes-on-my-benefits
- https://turbotax.intuit.com/tax-tips/irs-tax-return/filing-your-taxes-late/L7IhvwH9b
- https://www.irs.gov/taxtopics/tc153
- https://www.irs.gov/faqs/social-security-income
- https://www.irs.gov/taxtopics/tc306
- https://www.irs.gov/pub/irs-news/fs-08-12.pdf
- https://www.irs.gov/filing/time-irs-can-assess-tax
- https://turbotax.intuit.com/tax-tips/irs-tax-return/how-do-i-file-back-tax-returns/L535BxMms
- https://www.cbsnews.com/news/can-i-get-my-tax-debt-forgiven-options-to-consider/
- https://turbotax.intuit.com/tax-tips/general/what-happens-if-i-dont-file-taxes/L3vRea27x
- https://turbotax.intuit.com/tax-tips/irs-tax-return/does-everyone-need-to-file-an-income-tax-return/L7pluHkoW
- https://www.forbes.com/advisor/taxes/what-if-you-dont-file-taxes/
- https://turbotax.intuit.com/tax-tips/retirement/when-does-a-senior-citizen-on-social-security-stop-filing-taxes/L53Hx1v9W
- https://taxcure.com/blog/recent-tax-scam-calls
- https://www.hrblock.com/tax-center/irs/audits-and-tax-notices/get-back-track-irs-havent-filed-one-returns/
- https://www.precisiontax.com/i-havent-filed-taxes-in-10-years-what-do-i-do
- https://www.taxslayer.com/blog/presidents-pay-taxes/
- https://taxlawadvocates.com/the-irs-fresh-start-program/