What Happens To Taxpayers Who Fail to File Income Tax Returns?

Written by:  • Edited by: John Garger
Updated Mar 29, 2011

When the IRS catches up with delinquent tax filers, the penalties are often harsh. However, many people fail to file tax returns simply because they cannot afford to pay what they owe. For those individuals, the IRS offers alternatives that can reduce the penalties that would otherwise apply.

Overview

Failure to file federal income tax returns and pay rightfully-owed taxes has snared prominent figures in the United States from gangsters to movie stars. However, many otherwise honest individuals don't file federal tax returns simply because they cannot afford to pay the taxes they owe. This is a mistake. The penalties for not filing tax returns are much harsher than those for not paying taxes owed. In addition, the IRS offers alternatives for taxpayers who cannot afford to pay their entire federal tax obligation. This article describes general circumstances concerning federal income tax and is not intended to be specific tax advice. Please consult an attorney or accountant who specializes in federal income tax for individual advice.

Notification for Failure to File Tax Returns

IRS f1040--2008 -- Audrey F. Henderson
click to enlarge
Taxpayers who voluntarily fail to file tax returns or fail to respond to IRS notices face a number of penalties. In some instances, the IRS will file a return for the taxpayer. This IRS-generated return rarely works in favor of the taxpayer. Often, the IRS will not include deductions or other factors that would otherwise allow the taxpayer to reduce her tax burden. The IRS will also initiate action to collect any money owed, such as placing liens on bank accounts and other property owned by the delinquent taxpayer.

The IRS first provides notice of failure to file tax returns with the Proposed Individual Tax Assessment, also known as a 30-day letter. This notice provides the taxpayer with 30 days to submit either a completed federal tax return accompanied by a cover letter, a completed Consent to Assessment and Collection form, or a letter stating why a tax return is not required. If there is no response to the 30-day letter, the IRS sends the taxpayer a Notice of Deficiency, also known as a 90-day letter. The 90-day letter imposes an additional 90-day deadline upon the taxpayer to submit one of the documents requested by the 30-day letter.

IRS Tax Penalties

The IRS also imposes a penalty of one-half of one percent of unpaid taxes for each month or portion of a month that taxes go unpaid, up to a maximum of 25 percent of total unpaid taxes. For taxpayers who obtain an extension to file and who pay at least 90 percent of taxes owed, no penalties are imposed if a return is completed by the extension due date and all remaining taxes due are paid with the return.

The IRS imposes even harsher penalties on taxpayers who fail to file a timely tax return. For every month the return is filed after the deadline, the IRS adds a penalty of 5 percent of the unpaid taxes for each month or fraction of a month the return is late, up to a maximum of 25 percent of the total tax due.

Please continue to page 2 for more information on IRS tax penalties.

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