Haven't Filed With the IRS in 6 Years, Do I Need a Tax Attorney?
For no other reason than I didn't think I had the money to pay taxes I probably owed, I haven't filed with the IRS since tax year 1996. My ex-fiance sent me an e-mail last week informing me that he had contacted the IRS's tax fraud hotline and turned me in, and I believe him. I have 4 questions: 1) Am I better off contacting the IRS ASAP, or waiting on them to contact me? I'm a single mother, own no property, and for most of the years in question, only earned about $600 a week, I can't be very high on their list of priorities. 2) Other than interest on what I owe them, can I expect any penalties, or even criminal action? 3) What sort of records will I have to re-construct? 4) Should I go retain a Tax Attorney?
Thank you
3 Answers from Attorneys
Re: Haven't Filed With the IRS in 6 Years, Do I Need a Tax Attorney?
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Re: Haven't Filed With the IRS in 6 Years, Do I Need a Tax Attorney?
You're right that you are "small potatoes" to the IRS, but never rule out getting one of the IRS zealots who decides to make you an object lesson. Your chances of criminal prosecution are minimal if you approach the IRS before they open a criminal investigation, so if you really believe that your ex ratted you out, you should get going right away.
You will need to prepare and file all of the delinquent returns. Once you have done that, you may be able to compromise the liability through an "offer in compromise" based upon your inability to pay. You should consult with a CPA to get your returns filed, and probably should consult with a lawyer in your jurisdiction who is qualified to handle criminal tax matters.
Best wishes,
LDWG
Re: Haven't Filed With the IRS in 6 Years, Do I Need a Tax Attorney?
You would be in a much better position by hiring a tax attorney than contacting the IRS on your own behalf. Once you are represented, that tax professional will be able to prepare and file all of your unfiled tax returns. Once the returns are filed, if you owe money a payment plan can be setup for you or if you qualify, you can settle any outstanding debt for a percentage of the total through what is called an "offer in compromise".
If you deal directly with the IRS, they can (and most likely) will prepare tax returns which will likely not take full advantage of any deductions which you may be entitled and they will expect you to timely pay any balance owed in full.