Ask the taxgirl: Missed Filing Deadline

April 27, 2009 · 4 comments

Taxpayer asks:

I missed the April 15 filing dead line, can I wait next year to file my taxes? Owe IRS from year 2007. IRS told me to respond by 15 of April but didn’t. Actually I was in jail for unpaid ticket during 15 of April, ply advise.

Taxgirl says:

There’s absolutely no reason to wait until next year to file. None. If you wait, you’re just going to continue to accrue interest and penalties. And clearly, since the IRS has been in contact with you regarding your 2007 taxes, you’re on their radar.

You should file as quickly as possible. You’ll also want to get that 2007 obligation taken care of. It’s worth noting that the IRS will not be willing to work out an installment plan or other relief if you’re not current with respect to your filings.

If you owe for 2008, you are going to be subject to a penalty for failure to file timely if you owe taxes. Since you were, um, indisposed (*cough*) on Tax Day, you might (and I really mean might) get some sympathy in the form of a penalty abatement. I wouldn’t count on it – though it probably couldn’t hurt to ask. However, in almost every case, you have to pay the penalty first before you can ask for the abatement.

Go file. You’ll feel better. And stay out of trouble. You’ve got my mom sensibilities in high gear.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

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{ 4 comments… read them below or add one }

1 Mary Kay Foss April 27, 2009 at 6:12 pm

I agree with everything that Kelly said. One more suggestion: When you get a letter from the IRS with a telephone number, call them. Explain your problems and see if there’s any wiggle room on the deadlines. They hate it when people ignore the letters.

2 mobilityscooter April 28, 2009 at 12:31 pm

IRS are very strict when it comes to taxes. Better forget your love affair than the IRS.

3 Sabera May 1, 2009 at 12:18 pm

If you can’t pay your taxes and have no assets for them to claim do they then garnish your wages? If so, what if your wages are already being garnished for the max amount for child support (four children, same mother)? Can more than 50% of your check be garnished? Who takes precedence? The IRS or child support? If child support does, then what does the IRS do? Send you to jail?

4 Kelly May 1, 2009 at 4:50 pm

This is a big “it depends” answer. I highly recommend that you consult with a tax professional.

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