Ok, so something has gone wrong and you are behind in filing returns. As a result you may not know how much you owe or if you have a refund due to you. Maybe the IRS or your state has sent you little friendly reminders that now are maybe not so friendly?
Maybe they have lost patience and have sent you a Notice of Intent to Levy.
Pay careful attention to that last one because they are now after your paycheck or your bank account, or both.
Here is what you need to do, with or without threat of levy.
First and foremost you need to file your unfiled tax returns - even if you cannot pay all you owe.
That is the most important first step - file those missing returns.
If is often the fact that people have not filed because their records are missing and they can't prepare a proper return.
The solution is to get the records and you get them by asking the IRS for their file data on you.
If you are missing returns for just the last two or three years, this is pretty easy. Pick up the phone and call the IRS at (800) 829-1040. Be prepared to wait on the line up to one hour before an agent responds. They have a lot of requests and not very many staffers for this work.
Ask the agent in your friendliest voice to tell you for which years you need to file your unfiled tax return and then ask that person to send copies of all W2's and 1099's and 1098's in your name for each and every year you need to file.
If you are near a fax machine ask the agent to fax them to you. This is to make sure the agent actually does what he or she said she was going to do. Sometimes they get so busy things get overlooked.
Don't ask for service by E-mail. The Service has not got to the point where it feels comfortable with E-mail security. It would be faster and cheaper but this is the way things are at this time.
If you are missing returns for any year more than 6 years back the situation is quite a bit more complicated.
Records further back than the most recent 6 years will take longer to obtain. Much longer, several months longer, if you ever get them. Those old records are in storage and some IRS staffer has to go back and get them individually.
This is done by a special photocopy unit in Utah, which has very few staffers and huge numbers of requests. You need to request the records on Form 4506. Often they report to me they cannot find the records or they send only partial records. Allow 4-5 months to fill your request and don't be disappointed if you are not satisfied with the result.
So if you are missing records for any year more than 6 years ago you are not going to get your returns filed for a long time.
But let's say you have all your records now.
It might be a good idea to consult with a tax professional at this time. You are going to need the forms for those old years, the tax tables and instructions. You are also going to have to file a return for all the states you lived in during those years-more forms, more instructions. There is a way to get a legal return filed for a year older than 6 but it is highly technical process and beyond the scope of this article and beyond the knowledge of most tax practitioners.
There are a few tax professionals who specialize in this sort of thing. You may have to call around to find one in your locale. Or, you can contact us by E-Mail at Solutions@TaxNegotiators.com or visit our web site at www.TaxNegotiators.com
(Please take note of the Consumer Alert issued by the Internal Revenue Service on February 3, 2004, found in this web site under Articles of Interest - Consumer Alert. There are unscrupulous promoters promising more than can be delivered.)
Bear in mind the information you will get from the I.R.S. does not include any state data. That you must obtain separately, and the truth is that most states rely on the W2 that you file with your return to know how much was withheld from your pay. No W2, no withholding allowed. So you may have to contact every employer you have had in the past and ask them to get you the missing W2's.
In summary, if you need to file back returns, the fastest and surest way is to contact a tax professional such as Tax Negotiators. We specialize in aiding folks like you, caught up in the system and struggling to find the way out.
Contact us for a free consultation.
We suggest you do not represent yourself.
The I.R.S. is your adversary in these matters.
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