File even if you can't pay
The IRS says to file all returns that are due, regardless of whether you can pay in full. Filing first is what opens up the payment options below. (IRS)
File every past-due return, even if you can't pay what you owe. The IRS generally enforces filing for the last six years. If you don't file, it may prepare a substitute return without your deductions. Refunds are lost unless claimed within 3 years of the due date. Payment options are available afterward.
Sources: IRS, Filing past due tax returns · IRM 5.1.11, Delinquent Returns
Our team of Enrolled Agents, CPAs and former state auditors pulls your IRS records, prepares the missing returns, and then works out how to handle any balance.
Two quick questions. Our team will call you within one business day.
Tell us which years are missing and whether you've received IRS letters. We explain what the IRS generally expects and which steps may fit.
You sign IRS Form 2848. That lets our Enrolled Agent request your IRS wage and income transcripts, so the returns we prepare match what employers and payers reported.
We prepare and file the returns, then help you choose how to handle any tax due: full payment, a payment plan, or another option you may qualify for.
| Step | What happens | What it means |
|---|---|---|
| 1 | The IRS may file a substitute return (SFR) | It's based on the income reported to the IRS and may not include the exemptions, credits and deductions you're entitled to. (IRS) |
| 2 | Notice of Deficiency, CP3219N | It proposes the tax. You have 90 days to file your own return or petition the U.S. Tax Court. (IRS) |
| 3 | Tax is assessed and billed | If you don't respond, the IRS assesses the proposed tax and sends a bill. (IRS) |
| 4 | Collection may follow | An unpaid bill can lead to a federal tax lien or a levy. See stop an IRS wage garnishment or bank levy. (IRS) |
Penalties. The failure-to-file penalty is 5% of the unpaid tax for each month or part of a month a return is late, up to 25%. A minimum penalty applies when a return is more than 60 days late. (IRS, Failure to file penalty)
Other costs of not filing. Refunds for a year are lost if not claimed within 3 years of that return's due date. Self-employed people who don't file don't receive credit toward Social Security, and lenders who ask for copies of filed returns may delay a loan. (IRS)
The IRS says to file all returns that are due, regardless of whether you can pay in full. Filing first is what opens up the payment options below. (IRS)
The IRS may give you 60 to 120 extra days to pay in full through the Online Payment Agreement or by phone, with no user fee. (IRS)
Individuals who owe $50,000 or less in combined tax, penalties and interest and have filed all required returns may be able to apply online. Long-term plans have a $29 setup fee with automatic withdrawals or $69 without (low-income reductions apply), plus accrued penalties and interest. Read our guide to IRS payment plan options. (IRS, Online Payment Agreement)
If you can't pay in full, or paying would cause financial hardship, an Offer in Compromise may let you settle for less than the full amount. You must have filed all required returns to be eligible. See Offer in Compromise help. (IRS)
The IRS offers administrative penalty relief, such as First Time Abate, to taxpayers with three years of timely compliance history. That relief is moving to Automatic Exemption from Penalty starting in summer 2026. We check whether any relief may apply once your returns are filed. (IRS, Administrative penalty relief)
More detail: How many years of unfiled returns do you need to file? · How many years can you file back taxes? · What are back taxes?
The IRS generally enforces filing for the last six years. That's its standard practice under the Internal Revenue Manual, and going back more or fewer years requires managerial approval. You may still choose to file for older years. Your exact situation depends on the notices you've received, so we review your IRS transcripts first.
The IRS may prepare a substitute for return based on the income reported to it, and it may not include deductions, credits or exemptions you're entitled to. It then sends a Notice of Deficiency proposing the tax. You can still file your own return, and the IRS will generally adjust the assessment.
Only if you file within 3 years of that return's due date. After that, the refund is lost, including any Earned Income Credit. The IRS also holds refunds while its records show other returns past due, until it receives them or an acceptable reason for not filing.
Yes. The IRS says to file all past-due returns regardless of whether you can pay in full. Once you've filed, you may be able to get extra time to pay, set up a payment plan or apply for an Offer in Compromise. Filing also stops more failure-to-file penalties from building on those returns.
A CP3219N is a Notice of Deficiency, often called a 90-day letter, sent after the IRS prepares a substitute return. You have 90 days to file your own return or petition the U.S. Tax Court. You can't request an extension to file after receiving it.
See more answers on our tax relief FAQs page.
Tell us which years are missing. We'll review your IRS records and explain your options in plain language.
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Reviewed by Raman Zoobalan, EA, Co-Founder and Partner · Last updated: October 27, 2026
Tax Resolution Plus Inc. is a private tax resolution firm. We are not affiliated with the IRS or any government agency. This page is general information, not tax advice for your situation. Testimonials and case results reflect the experiences of individual clients. Results vary based on each taxpayer's circumstances.