The IRS can go back six years to audit and assess additional taxes, penalties, and interest for unfiled taxes. However, there is no statute of limitations if you failed to file a tax return or if the IRS suspects you committed fraud.
The IRS generally has 10 years from the assessment date to collect unpaid taxes.
Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.
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. This is known as the "collection statute expiration date" (CSED).
The IRS generally has 10 years – from the date your tax was assessed – to collect the tax and any associated penalties and interest from you. This time period is called the Collection Statute Expiration Date (CSED).
If you haven't filed taxes for 20 years, the IRS can take several actions, including assessing penalties and interest, filing a substitute return on your behalf, placing a federal tax lien on your property, garnishment of wages, or even pursuing criminal penalties and criminal charges in extreme cases.
Help filing your past due return
For filing help, call 800-829-1040 or 800-829-4059 for TTY/TDD. If you need wage and income information to help prepare a past due return, complete Form 4506-T, Request for Transcript of Tax Return, and check the box on line 8. You can also contact your employer or payer of income.
The IRS ultimately determines whether you qualify for debt forgiveness. However, the agency generally considers taxpayers who meet these criteria: a total tax debt balance of $50,000 or less, and a total income below $100,000 for individuals (or $200,000 for married couples). Need to talk to a tax relief specialist?
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.
Period of limitations that apply to income tax returns
Keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return.
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.
In most cases, the worst that will happen when you complete unfiled tax returns is that you'll owe taxes to the IRS and will have to work at paying off the debt. However, you could face criminal prosecution and jail time if you have unfiled tax returns or if you are found to be guilty of tax evasion or tax fraud.
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.
The IRS usually has 10 years to collect taxes you owe post-assessment. The IRS only has three years to assess additional tax or audit your return once it's filed, and you only have three years from the original tax filing deadline to claim a tax refund.
How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.
Individual taxpayers may now be eligible for a one-time cancellation of a penalty for filing or paying their taxes late. FTB was granted the authority to provide taxpayers a one-time abatement of timeliness penalties.
You may request a payment plan (including an installment agreement) using the OPA application. Even if the IRS hasn't yet issued you a bill, you may establish a pre-assessed agreement by entering the balance you'll owe from your tax return. OPA is quick and has a lower user fee compared to other application methods.
While the IRS usually does not pursue taxpayers who have unfiled returns over six years old, it still has the discretion to take action related to much older returns. For example, the IRS may go back further than six years if the taxpayer has a long history of tax payment noncompliance or income from illegal sources.
“Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed”
You can use your Online Account to make offer in compromise (OIC) payments or check if you're eligible to submit an OIC. We'll review your OIC and decide if you qualify. An offer in compromise allows you to settle your tax debt for less than the full amount you owe.
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.
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.
Of the 144.5 million, 75.1 million filers paid no taxes after deductions and credits. Another 32 million households did not file a tax return. In total, about 107 million Americans (or 60.6 percent of households) paid no federal income taxes.