Unfiled Tax Returns

New York Attorney offering tax help with unfiled tax returns (aka back tax returns) for clients who are unable to pay the taxes owed. Let us help you put an end to your tax problems, including wage garnishments, income tax liens, and income tax levies.

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Once the IRS contacts you regarding your unfiled tax returns (i.e. back tax returns), it is not time to panic. In most instances the problems incurred by taxpayers who fail to file their tax returns can be resolved successfully if the taxpayer hires experienced IRS tax attorneys, and addresses the problem in a timely manner. On the other hand, if the taxpayer fails to file their back tax returns and takes no voluntary steps to remedy the issue the penalties for noncompliance can be very severe. In some cases, a taxpayer may even be subject to criminal tax prosecution for failure to file his or her tax returns when a tax is owed.

The IRS typically is not going to come to your home, seize all of your assets, or garnish your wages as long as you take immediate action and file accurate tax returns within the time the IRS specifies. You should always file all of your tax returns on time, even if you do not think you have the ability to pay the tax owed.

The initial steps to resolve the issue of unfiled back tax returns are relatively easy. First, you will need to provide us with your income and expense information, as well as any other documentation, required to complete the tax returns in an accurate manner. In many cases, our tax clients do not have all the tax data needed to complete the unfiled back tax returns. In these cases, it is not a problem. We have extensive experience with this type of situation, and we are able to request the information from the IRS and other sources to prepare an accurate tax return. Once the overdue tax returns are prepared, you will review them, and then we will submit the unfiled back tax returns to the IRS and State taxing authority on your behalf, and handle all aspects of the negotiations to resolve the tax debt.

Therefore, when filing late tax returns, it is important to react quickly and file accurate tax returns. You also need to follow IRS and State guidelines for “voluntary compliance.” If handled properly, the problem of having unfiled back tax returns can often be resolved successfully with the proper guidance of a Tax attorney. If handled incorrectly, the chance of a criminal prosecution investigation or other enforced collection activity increases substantially. Our tax law firm understands the IRS voluntary compliance program that is available to taxpayers, and we have extensive experience representing non-filers before the IRS and State taxing authorities. If you have not filed all your required tax returns you should act quickly and contact us today to speak to our Tax Attorneys. If you fail to act now, the IRS is almost certain to find out that you have not filed the tax returns, and you will face harsher penalties and potentially criminal sanctions than if you voluntarily complied with our assistance.

UNFILED BACK TAX RETURNS – Details of the IRS Voluntary Compliance Program

In many instances, when a taxpayer seeks to correct the problem of the unfiled back tax returns before the IRS investigates the matter, it is possible to utilize the IRS’s “voluntary disclosure” policy to file the unfiled back tax returns, and avoid criminal prosecution in almost all cases. In connection with the IRS voluntary compliance program, the taxpayer and his or her representative must be very careful to file returns that are accurate and complete. If the IRS determines that a late-filed return is inaccurate or incomplete, the chances of triggering a criminal prosecution investigation increase greatly.

The long standing IRS’s voluntary disclosure policy applies to a taxpayer who:

  • Voluntarily informs the IRS of his or her failure to file for one or more years.
  • Makes the disclosure prior to being informed that he or she is under criminal investigation.
  • Files a correct tax return, or cooperates with the IRS in ascertaining his or her correct tax liability.
  • Makes full payment of the amount of the taxes due, or if unable to do so makes an agreement to pay the taxes owed over time.

Attorney Client Privilege

Taxpayers who have not filed their individual or business tax returns often begin seeking help by contacting their past accountant. However, please be aware that Federal and often state laws recognize only a limited accountant-client privilege concerning confidential communications.

The legal privilege or confidentiality rules involving communications between a client and their accountant apply to civil tax disputes, but they do not apply to criminal cases. Therefore, only the attorney-client privilege will protect your communications with the tax professionals you hire where there is state or federal criminal tax investigation or prosecution for unfiled back tax returns. Since this privilege is a vital component of the defense of a taxpayer with unfiled returns (or unpaid taxes), it is important to first talk to a tax attorney if you think that you may be subject to a criminal investigation.

By: Timothy S. Hart


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