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Late Filing General Q & A
Why Should I File My Tax Return as Soon
as Possible?
There are two advantages to filing as soon
as possible:
Generally, if a taxpayer is due a refund
for withholding or estimated taxes paid, it must be claimed
within 3 years of the return due date or risk losing the
right to it. The same rule applies to a right to claim
a tax credit such as the Earned Income Credit (EIC).
Self-employed persons who do not file a return will not
receive credits toward Social Security retirement or disability
benefits. Failure to file results in not reporting any
self-employment income to the Social Security Administration.
What If I Owe More Than I Can Pay?
Even if a taxpayer doesn't have enough money
to pay, returns should be filed to avoid further penalties
for failure to file. The IRS will assist in finding a
solution to the problem.
The IRS has streamlined its policies to
offer alternative account resolutions if a taxpayer cannot
pay in full with the return:
The IRS will help to set up an installment
agreement when the situation warrants. Installment payments
allow taxpayers to pay the tax debt over time.
The IRS will consider whether an offer in compromise is
an appropriate solution.
What If I Don't File Voluntarily?
The IRS is taking enforcement steps for
those who repeatedly choose not to comply with the law.
IRS employees will prepare returns when taxpayers do not
file. The returns prepared by the IRS might not give credit
for deductions and exemptions a taxpayer may be entitled
to receive. Bills will be sent to those taxpayers for
the tax due, plus penalties and interest.
People who repeatedly don't comply with
the law are subject to additional enforcement measures..
How Can I Avoid Owing Money on Next
Year's Return?
Many people don't file tax returns because
they don't have enough money to pay the tax they owe.
They find out after completing their return that their
withholding or Estimated Tax payments do not equal their
tax liability.
To help avoid this situation, the IRS can advise taxpayers
how to ask an employer to withhold enough tax from their
pay. For any income that is not subject to withholding,
the IRS can provide information necessary to make quarterly
payments to cover any amount to be owed. To make payments
electronically, see Ways to Pay Taxes or go to www.eftps.gov.
Changes in financial circumstances could
have an impact on taxes. For example, an increase in income,
divorce, or selling an asset, may require adjustments
to withholding or estimated payments.
By taking these steps, taxpayers will be
better able to meet their tax obligations and avoid tax
day surprises.
Will I Go to Jail?
A long-standing practice of the IRS has
been not to recommend criminal prosecution of individuals
for failure to file tax returns, provided they voluntarily
file, or make arrangements to file, before being
notified they are under criminal investigation.
The taxpayer must make an honest effort to file
a correct return and have income from legal sources.
A letter from the IRS concerning taxes is not a
notice that a taxpayer is under criminal investigation.
The IRS helps to get people back into the system
as part of its long-term plan to improve voluntary
tax compliance. The IRS wants to get people back
into the system, not prosecute ordinary people who
made a mistake. However, flagrant cases involving
criminal violations of tax laws will continue to
be investigated.
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