All About Filing Delinquent Tax Returns

If you are a non-filing taxpayer, it’s important to know the steps to take to become current with your tax return obligations. There are many things to consider when going forward and filing returns that are past due. The longer you wait to file your returns, the more interest and penalties you will accrue. The best time to become current is always as soon as you possibly can.

Delinquent Tax Return Tips

Delinquent returns should be as accurate and conservative as possible. These returns are going to be under greater scrutiny with the IRS and it’s important that you not take deductions if you cannot prove you are eligible. Better to be extremely conservative and avoid being audited.

Proof of Income

It is extremely important that you are able to actually prove the amount of income you are claiming on your delinquent tax returns.

There are a variety of ways to accomplish proving your income on a delinquent tax return, these include:

1. Indirect Net Worth Method

2. Indirect Expenditures Method

3. Indirect Bank Deposits Method

4. Transaction Method

5. Form W-2

6. Form 1099

7. Financial Statements

8. Deeds

9. Credit History

10. Credit Reports

11. Phone & Utility Statements

12. Credit Card Statements

13. Bank Statements

You should try and put together any and all the information you can gather to prove the income you are stating on your delinquent tax return. The more information you have, the better your situation will be in case of an audit.

Should I File One or All Of My Delinquent Tax Returns?

Legally you are required to file all returns that you did not file in the past. Some attorneys and CPAs will recommend that you only file six years of delinquent returns because of the statute of limitations for prosecuting taxpayers for not filing their return. However, there is no statute of limitations for assessing tax on tax returns that were never filed. That is why it is in your best interest to file all delinquent tax returns as soon as possible.

Even though you are recommended to file all delinquent tax returns, some may be harder than others to accurately assemble. If it has been many years and you are unable to honestly and accurately state your income, then it may be in your best interest not to file that return. In these situations, the IRS will investigate your ability to file a specific return and make a judgment call on whether they will require you to file it or not.

The Process Of Filing Delinquent Tax Returns

There are two ways to file your delinquent tax returns. One is through the IRS Service Center and the other is through the Automated Substitute for Return Unit. Once you submit your return through one of these systems the IRS will send an invoice for failure to file, failure to pay, penalties and interest.

The IRS is limited to one inspection of your books and records per tax period to determine the correct tax to assess you. This may include additional contact from the IRS to verify information or ask additional questions about a specific part of your return.

If your case is already in the collection process and your tax return resolves the issue, further collection efforts will stop. However, tax will be immediately assessed and interest will begin to accrue. If a Revenue Agent or Officer is involved and they are attempting to collect back taxes from you, make sure they are aware that you have filed your returns. This will show them that you are attempting to become current and will stop them from filing liens and levies against you.

Filing Business Delinquent Tax Returns

In most cases, a delinquent business tax returns will be handled by a Revenue Office or The Automated Collection System. The Revenue Officer will visit your business and try to collect information from you regarding your delinquent return(s). The Revenue Officer will then assign the taxpayer a due date for filing his delinquent return(s). If this deadline is not met, the taxpayer is considered to have willfully not filed his returns.

In situations where the taxpayer is not filing their returns like they are requested to do by the IRS, their case may be forwarded to the Examinations division or the Criminal division of the IRS.

About Paul Gaulkin CPA

Paul Gaulkin is a Certified Public Accountant and enrolled with the U.S. Treasury to practice before the IRS. Mr. Gaulkin possesses unique technical knowledge in the process of securing relief for taxpayers nationwide with IRS and State tax problems. With an accounting degree from Florida International University, he is able to transform complex tax and accounting problems into easy to understand solutions.


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