What happens if I haven't filed my taxes in 5 years?

Asked by: Marjory Purdy II  |  Last update: December 6, 2025
Score: 4.8/5 (7 votes)

The IRS can technically look back an unlimited amount of time if you haven't filed your tax returns. However, the good news is that the IRS usually only looks back six years for unfiled returns. There are exceptions to this rule, particularly if tax fraud is involved.

Can you get in trouble for not filing taxes for 5 years?

Penalties can include significant fines and even prison time. 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 do I do if I haven't filed my taxes in 5 years?

Nine tips for filing back tax returns
  1. Confirm that the IRS is looking for only six years of returns. ...
  2. The IRS doesn't pay old refunds. ...
  3. Transcripts help. ...
  4. There can be hefty penalties. ...
  5. Request penalty abatement, if applicable. ...
  6. The IRS may have filed a return for you. ...
  7. Delinquent returns may need special processing.

Can I file 5 years of back taxes?

In cases where a return is not filed, the law provides most taxpayers with a three-year window of opportunity for claiming a refund. claim the credit even if they are not otherwise required to file. The return must be filed within three years of the due date in order to receive the credit.

How far back does the IRS go if you haven't filed 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.

I Haven't Filed Taxes In 5 Years!

42 related questions found

How do I catch up on years of unfiled taxes?

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.

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.

How many years can I go without filing taxes?

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.

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.

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 to fix years of unfiled taxes?

There are four steps you should take to get back into U.S. tax compliance and limit the damage due to the unfiled returns:
  1. Contact the IRS to figure out the IRS' enforcement impact. ...
  2. Determine which years you need to file. ...
  3. File accurate returns at the right place at the IRS.

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.

Can a person skip years 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.

Will I go to jail if I haven't filed taxes in years?

Willful failure to file a tax return is a crime, which could lead to your arrest, prosecution, and, if you are convicted, penalties including jail time and tens of thousands of dollars in fines. You will also gain a criminal record, which could have untold damage to your career and reputation.

Do people get away with not filing taxes?

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

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.

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 far back does the IRS look for unfiled taxes?

Some taxpayers may get so tied up in the stress of it all that they simply avoid filing taxes for the prior year or forget due to many other duties pulling at their time. You may even be wondering: How far back can the IRS go for unfiled taxes? The simple answer is six years.

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.

Can you file taxes 5 years later?

Claiming a Tax Refund: Three Years to File

You only have three years from the original tax return's filing due date to file your tax return and receive a tax refund. Once that deadline passes, you can still file but forfeit your refund.

At what age do I no longer have to file a tax return?

At What Age Can You Stop Filing Taxes? Taxes aren't determined by age, so you will never age out of paying taxes. People who are 65 or older at the end of 2024 have to file a return for tax year 2024 (which is due in 2025) if their gross income is $16,550 or higher.

How many people do not file taxes?

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.

What is the IRS one time forgiveness?

First Time Abate relief and unpaid tax

Example: You didn't fully pay your taxes in 2021 and got a notice with the balance due and penalty charges. You call us requesting penalty relief and we give you First Time Abate. We remove the penalty up to the date of your request.

How many years can IRS go back for unpaid taxes?

The IRS generally has 10 years from the assessment date to collect unpaid taxes from you. The IRS can't extend this 10-year period unless you agree to extend the period as part of an installment agreement to pay your tax debt or the IRS obtains a court judgment.

How much will the IRS usually settle for?

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.