Q: I haven't filed taxes in several years. Should I file 2024 or will I first have to go back and file past years?
I didn't file federal and NY State for several years due to cancer treatment. I'm now cancer-free and wondering should I file 2024 and wait for a response, do I need to file all previous years before anything, or if I should do something else? Thank you!
A:
If you possess a filing requirement then you will need to file your back taxes. This will depend on income earned and filing status (single, married filing joint, etc). If you are unsure of the income earned for your missing tax periods you can request a wage and income transcript from the irs.
Additionally the irs has an assessed statutory expiration date (ased). An ased is a six year look back period in which the irs will assess taxes. So generally speaking, if you are missing returns outside of that six year timeframe, you will not have to file them. Although unlikely, it is possible the IRS will require these returns to be filed in the future. So if you are missing prior to 2019 you may not need to file.
Congratulations on being cancer free!
A: Thank you for the question, the law states you only have to file for the last 6 years. In addition, you can seek penalty abatement for reasonable cause. Lastly, for your state returns, you can file missing returns through the Voluntary Disclosure program. Voluntary Disclosure program, if approved would remove all penalties. You will save alot of money in taxes!
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
