Unfiled Tax Returns

If You Have Unfiled Tax Returns, You’re in the Right Place

McLaud Law P.C. helps taxpayers with unfiled returns, including individuals or businesses dealing with:

• Multiple years of unfiled federal or New York State tax returns
• Unfiled business returns, including state or federal payroll returns, corporate returns, and NY sales tax returns
• Unfiled returns for tax periods in which you owe significant amounts
• IRS notices (e.g., CP59) or NYS DTF notices
• Substitute for Return (SFR) filed by IRS or estimated assessments from NYS for unfiled tax periods
• Penalties or potential enforcement actions

If you have unfiled tax returns, it can create financial concerns and deep uncertainty. You may be afraid of going to jail, or you may be wondering how long the IRS can go back for unfiled returns.

Here’s the good news: You’re not at criminal risk except in rare cases where the taxing authorities believe the lack of filing was an attempt to evade taxes. And here’s the bad news: the government has the ability to go back an unlimited amount of time to assess tax in a year you didn’t file. That’s why it’s critical to address the situation.

Risks of Ignoring Unfiled Tax Returns

Unfortunately, if you continue to ignore NY or IRS collection notices, the situation could become far worse. Some of the potential outcomes of not filing your tax returns include:

• Increasing penalties and compounding interest. The debt will continue to grow. Both the IRS and the State backdate interest and penalties to the filing deadline. 
• Loss of refunds. You only have three years to file and claim a refund, and those refunds can help to offset your tax liabilities from other years. 
• Unwanted tax assessments. The IRS could issue a Substitute for Return if you fail to file. That typically overstates your liability, which could mean you’re paying far more than you should be.
• IRS collections. Once the IRS determines what you owe, they can pursue collections like tax liens, wage garnishments, or levies. 
• NYS enforcement actions. The NYS Department of Taxation and Finance can also assess taxes and enforce collections against you, including suspending your driver’s license or revoking business or professional licenses. 

Unfortunately, the consequences grow year after year, but you do not have to do this alone. Instead, let our New York tax attorney become your advocate.

How McLaud Law Helps Resolve Unfiled Tax Returns

No matter what you are facing right now, when you contact McLaud Law P.C., we go to work on your behalf. Our goal is to protect your future by identifying solutions that apply to your case. To do this, we take several key steps:

• Review: We review all of your filing history. We then identify all missing returns. Even if you are unsure about the filing status, we will determine what the IRS or NYS records show.
• Strategy development: We will then create a strategic plan to bring you into compliance. This includes filing past-due tax returns in New York and with the IRS.
• Preparation of returns: Our team can prepare and file all required past-due returns accurately. We inform you of everything we find before filing any return. We can also work with your current accountant if you have a good one you like.
• Communication: We handle all communication with the state and the IRS for you. That takes the pressure off.
• Penalty abatement: You could face significant financial penalties. When possible, we work to minimize those penalties. Our goal is to reduce overall liability where possible.
• Tax debt resolution: If you owe taxes, we help you secure a resolution option to pay them, secure a settlement, or get hardship relief. 

We handle both individual and business tax issues. We understand that it’s easy to get behind, and our judgment-free services are designed to give you relief.

New York State Amnesty Program

The NYS DTF has a special program for people and businesses who have unfiled tax returns, called the Voluntary Disclosure and Compliance Program. Through our DTF representation services, we at McLaud Law P.C. have guided many clients through the program successfully, and those clients have saved a lot of money by doing so.

Eligible participants receive automatic protection from criminal prosecution, abatement of all penalties, a potential reduction in interest, and even the possibility of having whole years of unfiled taxes forgiven.

There are certain requirements for participation, and the most important one is that you have not received estimated assessments for the unfiled taxes, so it’s important to move quickly. Getting the most benefit out of the program requires strategy in how you apply, so you should contact a tax resolution professional with experience with the program before applying.

Resolution Options for Unfiled Tax Returns

Catching up on back tax returns often means facing a tax debt you can’t afford to pay in full. For both NYS and IRS taxes, we’ll help you explore, evaluate, and secure a resolution. The most common options include:

• Payment plans: You may be eligible for installment agreements for unpaid taxes. Payment plans may make it easier for you to get caught up on back taxes.
• Offers in compromise: When eligible, we will present an offer in compromise to the IRS and/or NYS, detailing why it is in their best interest to agree to a lesser amount as a settlement of all debt owed.
• Currently not collectible hardship: If applicable, we will file a request for currently not collectible status, documenting your clear inability to make any payments at this time and stopping collection efforts against you.

We also work with you to create a compliance strategy to minimize the risk of having past due tax returns in New York in the years to come. Whether you’re missing a single return or are dealing with much more complicated matters, we will go to work for you immediately to offer viable solutions.

When You Should Hire a Professional

There are very real benefits to hiring a tax attorney. In the following situations, we strongly encourage you to seek our legal support.

• You have multiple years of unfiled returns. Often, returns build from each other. Missing one or two means many people simply stop filing. Getting caught up is challenging and requires careful legal assessment.
• You received an IRS or NYS notice or assessment. If you’re receiving collection notifications, the IRS and NYS are moving towards taking action against you. This will only escalate. Let us intervene quickly.
• You are worried about penalties, enforcement, or liability. Unpaid taxes and unfiled returns are damaging to your peace of mind. It can cause financial hardship and complicate relationships.
• You did not know you owed taxes or failed to file a return. You may be an innocent or injured spouse who wasn’t even aware of the unfiled returns or unpaid taxes. We can help.
• Business and payroll tax issues are involved. Getting behind on business returns can put you at risk of personal liability or potentially even shut down your business. 
• You have a high income, complex finances, or are missing records. Let us review and find a specific strategy that aligns with your best long-term objectives.

However, professional help is not necessary for everyone. You may be able to file tax returns on your own without support if you’re only a year or so behind, you have a simple filing situation, or you don’t owe a balance. But even in these cases, you may still benefit from a consultation. 

Why Choose McLaud Law P.C.?

McLaud Law P.C. is led by Charles B. McLaud, Esq. and Steven J. Litteer, E.A., and we’re backed by a team of supportive staff ready to help. When you choose to work with us, you get the following benefits:

• Convenient services: We can meet with you in person at our Linden Avenue location or connect electronically.
• Client-centered approach: We value your time and prioritize your goals.
• Custom solutions: We don’t believe in one-size-fits-all services. Our approach is always personalized for you.
• Experience: We have a long track record of success with IRS and New York State tax matters. 

Decades of combined experience and a dedication to our clients make McLaud Law P.C. the reliable resource you need. Request a free consultation now. There’s no risk, but there are answers.

Frequently Asked Questions

Should I just file my past due tax returns in New York?

You should file your tax returns, but you also need to consider the consequences you are facing now. There may be penalties, interest, and enforcement actions against you that must be addressed, and you might incur significantly more tax and penalties if you file the wrong way. We encourage you to seek a consultation before moving forward.

I haven’t filed my taxes because I can’t pay what I owe. What should I do?

This is a common reason people avoid filing their tax return. However, we can offer several solutions to help you get caught up on your tax debt and, if applicable, help you apply for a settlement or get hardship relief.

How much does it cost to hire an attorney in New York?

Numerous factors impact the cost of hiring an attorney. We will discuss this with you, based on your situation, when you set up a consultation.

How many years of returns should I file?

It depends on the situation. With individual income tax returns, you typically only need to file the last six years with the IRS. For unfiled sales or payroll tax returns, you’ll need to file any periods where you withheld tax from employee pay or collected sales tax from customers. But these are just general guidelines.

Should I file all of my missing returns?

Not unless it’s required. For example, if you have 10 years of unfiled IRS individual returns, you generally only need to file six years. Filing more than needed can lead to you owing more than necessary, another reason why professional guidance is so important.

Get Help With Unfiled Returns

You don’t have to face this on your own, nor should you. Let the team at McLaud Law P.C. help you deal with unfiled returns, respond to assessments, and resolve tax debt. Don’t wait – set up a consultation today to learn more about our services. 

This communication is Attorney Advertising. It is presented for informational purposes only and does not constitute legal advice. Every legal situation is different, and prior results do not guarantee a similar outcome. This communication does not create an attorney-client relationship between McLaud Law P.C. and the recipient.