How long can you go without filing taxes before you get in trouble?

Asked by: Josianne Senger  |  Last update: December 18, 2025
Score: 4.8/5 (29 votes)

Luckily, the government has a limited amount of time in which it can file a criminal charge against you for tax evasion. If the IRS chooses to pursue charges, this must be done within six years after the date the tax return was due.

What happens if you don't file taxes for 2 years?

Collection and enforcement actions. The return we prepare for you (our proposed assessment) will lead to a tax bill, which, if unpaid, will trigger the collection process. This can include such actions as a levy on your wages or bank account or the filing of a notice of federal tax lien.

How long can the IRS come after you for not filing taxes?

Again, there is no statute of limitations for unfiled tax returns. This means that the IRS can go back 10, 20, or even 50 years in theory. However, in practice, the agency usually only goes back six years.

What happens if I skip a year filing taxes?

If you owe money and fail to file your taxes on time, you'll likely be assessed what's called a Failure to File Penalty. The penalty is 5% of your unpaid tax liability for each month your return is late, up to 25% of your total unpaid taxes.

What is the IRS 6 year rule?

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

How many years can you go without filing income tax?

34 related questions found

How many years can I not file taxes?

No Statute of Limitations for Unfiled Returns

There is generally a 10-year time limit on collecting taxes, penalties, and interest for each year you were not filing taxes. If you don't file taxes, the period of limitations on collections does not begin to run until the IRS makes a deficiency assessment.

Can IRS come after you after 5 years?

Generally, under IRC § 6502, the IRS can collect back taxes for 10 years from the date of assessment. The IRS cannot chase you forever and, due to the 1998 IRS Reform and Restructuring Act, taxpayers have a little relief from the IRS collections division's pursuit of an IRS balance due.

How long can you not file taxes before going to jail?

That's not to say you still can't go to jail for it. The penalty is $25,000 for each year you failed to file. You can face criminal tax evasion charges for failing to file a tax return if it was due no more than six years ago. If convicted, you could be sent to jail for up to one year.

How many years of taxes can I miss?

Note, too, that the IRS does not have a statute of limitations on missing or late tax forms. If you didn't file taxes for the last two, three, ten, twenty, or fifty years, the IRS will still accept your forms as soon as you can get them submitted.

What are your odds of being audited by the IRS?

What percentage of tax returns are audited? Your chance is actually very low — this year, 2022, the individual's odds of being audited by the IRS is around 0.4%.

How do I catch up on years of unfiled taxes?

How to Catch Up on Unfiled Tax Returns
  1. Step 1: Gather Your Documents. ...
  2. Step 2: Contact a Tax Professional. ...
  3. Step 3: Submit Your Unfiled Tax Returns and Monitor Return Processing. ...
  4. Step 4: File All Future Returns On Time.

Does the IRS forgive back taxes?

The IRS has a limited window to collect unpaid taxes — which is generally 10 years from the date the tax debt was assessed. If the IRS cannot collect the full amount within this period, the remaining balance is forgiven.

Do people get away with not filing taxes?

First, there's no such thing as “getting away” with not filing taxes.

How far back can you get in trouble for not filing taxes?

Luckily, the government has a limited amount of time in which it can file a criminal charge against you for tax evasion. If the IRS chooses to pursue charges, this must be done within six years after the date the tax return was due.

What is the IRS fresh start program?

A higher tax lien threshold: Under the Fresh Start program, the IRS generally won't file a tax lien unless you owe more than $10,000, up from the previous threshold of $5,000. Offer in compromise (OIC) modifications: These modifications make it easier to settle tax debt for less than the full amount owed.

What is considered tax evasion?

Tax evasion is the illegal non-payment or under-payment of taxes, usually by deliberately making a false declaration or no declaration to tax authorities – such as by declaring less income, profits or gains than the amounts actually earned, or by overstating deductions. It entails criminal or civil legal penalties.

How long can the IRS come after you for unfiled taxes?

The simple answer is six years. According to tax law, if you have six years or less of unfiled taxes, you must file them to get back into good standing with the IRS. This article will share some tips on catching up with back taxes if you owe them.

Can I skip a year of filing taxes?

It's illegal. The law requires you to file every year that you have a filing requirement. The government can hit you with civil and even criminal penalties for failing to file your return.

What year tax returns can I destroy?

To align with California's statute of limitations, residents should retain their tax returns and all supporting documentation for at least four years.

At what point will the IRS come after you?

The IRS may come after you any time you have an unpaid tax bill and you don't respond to demands for payment. Typically, the IRS only issues federal tax liens if you owe over $10,000, but the agency can take collection actions against taxpayers who owe less than that amount.

Is it a felony to not file taxes?

Under Title 26 U.S. Code § 7203, you can face misdemeanor charges if you willfully fail to file a tax return. If convicted, you can face a fine of up to $25,000 and imprisonment for up to one year.

Can the IRS check your bank account?

The first thing the IRS would do is ask you for these records. If you refuse or don't provide them by the IRS deadline, the IRS can summons the records directly from your bank or financial institution.

How much income can go unreported?

For the 2022 tax year, the gross income threshold for filing taxes varies depending on your age, filing status, and dependents. Generally, the threshold ranges between $12,550 and $28,500. If your income falls below these amounts, you may not be required to file a tax return.

How long before IRS debt is forgiven?

In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off. This is called the 10 Year Statute of Limitations. It is not in the financial interest of the IRS to make this statute widely known.

How far can you go back to file taxes?

Unfortunately, there is a limit on how far back you can file a tax return to claim tax refunds and tax credits. This IRS only allows you to claim refunds and tax credits within three years of the tax return's original due date.