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emc011075
emc011075, Enrolled Agent
Category: Tax
Satisfied Customers: 102
Experience:  Master Tax Advisor for H & R Block
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havent filed since 2001, husband and i were addicted to drugs,

Customer Question

havent filed since 2001, husband and i were addicted to drugs, he sold his condo in 2002, never filed,, i didnt know how to do it so he said he would take care of it. well here we are all clean and sober for 8 years but no taxes done because he is scared of going to prison. I cant wait any longer, i need this burden to go away. we tried to deal with it 3 yr or so ago and the attorney wanted 10 grand up front to take the case. at the time we freaked, no way could we pay that. I am now in a position to make a serious effort at solving this so that our lives can go back to living
Submitted: 1 year ago.
Category: Tax
Expert:  Shane-CPA replied 1 year ago.

Shane-CPA :

Hello...my name is XXXXX XXXXX X am a Certified Public Accountant. I look forward to helping you with your tax situation.

Shane-CPA :

First of all I congratulate you on 8 years of success...I also congratulate you for taking the initiative to correct the past tax returns that haven't been filed.

Shane-CPA :

The tax code sets out time limits, or statutes of limitations, for the IRS to pursue non-filers.

Shane-CPA :

The government can only bring criminal charges against a non-filer within six years of the date the tax return was due. For example, after April 15, 2007, you can’t be prosecuted for failing to file a 2000 tax return that was due on April 15, 2001.

Shane-CPA :

There is no deadline, however, on the IRS for going after non-filers and imposing civil penalties—in addition to any taxes owed. This means that while you can’t be put in jail for not filing a 1988 tax return, you will forever owe the IRS a return—as long as you earned enough to have had an obligation to file. And fines—penalties and interest—on unfiled tax returns run forever.

Shane-CPA :

IRS policy. Don’t worry too much about that missed tax return after six years. The IRS usually doesn’t pursue nonfilers after six years from the filing due date. The IRS materials on Taxpayer Delinquency Investigations (Internal Revenue Manual 0021; IRS Policy Statement P-5-133) read as follows:

Shane-CPA :

Taxpayers failing to file returns due will be requested to prepare and file (them). All delinquent returns … will be accepted. However, if indications of willfulness or fraud exist, the special procedures for handling such returns must be followed…. Factors taken into account include, but are not limited to: XXXXX XXXXX of noncompliance, existence of income from illegal sources, effect upon voluntary compliance and anticipated revenue in relation to the time and effort required to determine tax due. Consideration will also be given to any special circumstances existing in the case of a particular taxpayer, class of taxpayer or industry.

Shane-CPA :

Normally, application of the above criteria will result in enforcement of delinquency procedures for not more than six years. Enforcement beyond such period will not be undertaken without prior managerial approval.

Shane-CPA :

The IRS can still request a tax return for a period more than six years ago. But if you tell the IRS that you don’t have enough information to prepare a return, the agency usually will drop the request. If the IRS computer shows income information on you, such as a W-2 or 1099 form, however, the IRS may calculate and assess the tax anyway.

Shane-CPA :

Don’t Forget Your State


Unless you live in Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, or Wyoming, the IRS is not the only tax agency to worry about. All 41 other states have their own income tax reporting requirements, and a few cities do as well. In many cases, if you haven’t filed a tax return, you may be contacted first by your state tax collector, not the IRS. If this happens, you can bet the IRS is not far behind. All states except Nevada have agreements with the IRS to trade tax information about their residents. In this electronic age, the exchange occurs automatically—if one taxing authority finds you aren’t filing, the computers will turn you in to the other. If you file a late IRS return, be sure to file a state return as well.

Shane-CPA :

Consequences of Not Filing


It is a crime not to file a tax return if taxes are owed. By contrast, there is no criminal penalty if you file but can’t pay your taxes. You’ll owe interest and penalties, but you won’t be sent to jail. So even if you don’t have two dimes to rub together and owe a bundle of taxes, file your return.

Shane-CPA :

If you ignore this advice and fail to file, you can be fined up to $25,000 per year and/or sentenced to one year in prison for each unfiled year. Our justice system, however, doesn’t have enough jails to put away even 1% of the non-filers, so going to jail is highly unlikely—even if you owe hundreds of thousands of dollars.

Shane-CPA :

This information has been provided courtesy of the tax law offices of Frederick W. Daily III. This information and the remaining steps to be taken can be found at the following link...

Shane-CPA :

http://www.taxattorneydaily.com/topics/ch-2-filing-tax-returns.php

Shane-CPA :

I hope you find this information helpful and answers your questions and addresses your concerns.

Shane-CPA :

If you need additional assistance or would like further clarity or explanations, please let me know.

Shane-CPA :

If this answers your question to your complete satisfaction, then I thank you for allowing me to assist you. Please end the chat feature and provide positive feedback so that I may receive compensation for my responses. If you feel exceptional service has been provided, bonuses are greatly appreciated. Again I thank you for allowing me to assist you and I look forward to serving you in the near future. Have a great evening!

Shane-CPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 265
Experience: Shane Northrop is a Certified Public Accountant, Personal Financial Specialist and a Chartered Global Management Accountant
Shane-CPA and 7 other Tax Specialists are ready to help you
Expert:  emc011075 replied 1 year ago.

Hi, there. If your husband doesn't want to file a joint return for whatever reason, you still have an option to file Married filing separately. You will only need his social security number, but not his signature. You will be able to claim refund for 2009, 2010 and 2011 (3 years statue of limitation) and I wouldn't bother to file anything earlier, unless of course you have a reason to do so. At this time of year many places like H&R Block, Liberty Tax or Jackson Hewitt will do it for a relatively low fee and you might even be able to get new customer discount. I am sorry about the situation, but you are making a right choice. You cannot hide forever. Good luck.

emc011075, Enrolled Agent
Category: Tax
Satisfied Customers: 102
Experience: Master Tax Advisor for H & R Block
emc011075 and 7 other Tax Specialists are ready to help you
Customer: replied 1 year ago.


what if i had no income?

Expert:  Shane-CPA replied 1 year ago.
If you had no income you would not be required to file a tax return...

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