How to Handle and File Unfiled Tax Returns

Unfiled_Tax_Returns

It's never too late to file your tax returns, even if you haven't filed for several years. It's important that you file your taxes before the IRS finds you. If you don’t file, and you get caught, you could end up facing criminal charges and large fines. So make sure you file, or you could face big consequences. If things get difficult, fill out the free consultation form and we guide you.

Gather Past Due Return Information

Longtime non filers tend to lose their old W-2 and 1099 forms. Those forms are essential for filing an accurate tax return. You can start by asking businesses that issued you a W-2 or 1099. But many businesses either go out of business, or don’t keep their old records on file.

You can't get copies of W-2 and 1099 forms from the IRS. But the IRS does provide a computer printout with the W-2 and 1099 information on it. Call the IRS and request income data for the missing tax years. It may take several weeks for a written response. All your income may not be reflected on the printout, but it will show the minimum amount you must report on your tax return.

You can also reconstruct your salary records on Form 4852, “Substitute W-2.” Attach it to the front of your tax return when you file it.

The Following are some of the “Prior Year Forms and Schedules” You Might Need:

  • Prior/Past Due Years (Limit to individual forms)
  • 1040 Family of Forms
  • Schedules (A, B, etc.)
  • Miscellaneous Forms
  • Form 8812: Additional Child Tax Credit
  • Form 8863: Education Credits
  • Form 2441: Child & Dependent Care Expenses & Instructions
  • Schedule EIC - Earned Income Credit

Important Warning:

When you prepare your unfiled tax returns, you must use the tax forms for the year you are filing. For example, you can't use 2001 tax forms and change the year to 2008- the IRS makes major changes to its tax forms each year.

Here's some options for obtaining past years' forms:

  • Visit your local IRS office. Don't worry, they shouldn't ask you why you need the forms.
  • Download the forms off the IRS's website. They have forms going back to about six years.                 
  • Call the IRS forms department. The forms will be mailed out in a week or two. 
  • Ask a tax professional for forms.


Prepare and File Forms

After you have the proper forms and publications, you need to sign and date your tax return, and send it to the correct address. Be sure you include all sources of income. Attach any required schedules, forms, and documentation needed to substantiate all line entries.

Sending The Tax Returns

If you have received a notice, be sure to mail your past due return to the IRS address on your notice. Even if the address is different from where you usually send your returns. If you haven’t received a notice, send your return to the address in the form instructions. Keep in mind that if you send your past due return to another office it will delay the process.

Relevant Articles

Tax Professional
A tax professional can be your best option for filing multiple years. They can minimize any actions the IRS will take against you by voluntarily filing on your behalf.

File Back Taxes
Guidelines, steps and advice to follow when attempting to file your back taxes.

Consequences of Unfiled Tax Returns
Having unfiled returns is far worst than filing the returns and not being able to pay. Will the IRS find you? What happens when they do.

Amending a Tax Return that Was Filed Incorrectly
Mistakes happen, the IRS knows it. You can easily amend a tax return and refile. This can also significantly reduce the amount of taxes owed if you missed several large deductions in your original filing.

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