What happens if you don't file your taxes but don't owe anything?

Asked by: Tommie Sipes  |  Last update: December 12, 2025
Score: 4.7/5 (6 votes)

If you haven't filed taxes for past tax years, you may not owe a penalty if you were due a refund. However, the only way to know if you were due a refund is to file a tax return.

What happens if I don't file taxes if I don't owe taxes?

If you fail to file, we may file a substitute return for you. This return might not give you credit for deductions and exemptions you may be entitled to receive. We will send you a Notice of Deficiency CP3219N (90-day letter) proposing a tax assessment.

Is there a penalty for not filing taxes on time if you don t owe?

Californians who don't owe money to the government usually won't face penalties if they file their taxes late.

What happens if you never file a tax return?

What happens if you refuse to file taxes? If penalties and interest aren't motivating enough and you outright refuse to file taxes, the IRS can enforce tax liens against your property or even pursue civil or criminal litigation against you until you pay.

Can you skip a year of 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.

What happens if I don't file my taxes? | How Bad Is It?

19 related questions found

How long can you not file taxes before going to jail?

That's not to say you still can't go to jail for it. The penalty is $25,000 for each year you failed to file. You can face criminal tax evasion charges for failing to file a tax return if it was due no more than six years ago. If convicted, you could be sent to jail for up to one year.

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.

Will the IRS know if I don't file taxes?

The IRS continues to identify people who have a filing requirement but have failed to file a return. By law the IRS may file a substitute return for you if you do not voluntarily file. A series of letters is first sent explaining the possible action IRS may take as part of the Substitute for Return Program.

How long can you go without filing taxes before you get in trouble?

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 is considered tax evasion?

Definition. 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.

Can you go to jail for not filing taxes if you don't owe?

If you file but don't pay your taxes, you will generally not face criminal charges or jail time. The IRS does not pursue criminal charges against people who cannot afford to pay their taxes. However, if you take steps to willfully evade the taxes or defraud the government, then, you may face jail time.

What is the minimum payment the IRS will accept?

The IRS minimum monthly payment is typically your total tax debt divided by 72 unless you specify a different amount. Short-term and long-term payment plans are available, depending on your debt amount and eligibility. Setting up a direct debit payment plan online is the most cost-effective option.

How long can you hold your taxes without filing?

If you don't file a tax return, there's no statute of limitations for an IRS assessment of tax.

How long can the IRS come after you for unfiled taxes?

The IRS can go back six years to audit and assess additional taxes, penalties, and interest for unfiled taxes. However, there is no statute of limitations if you failed to file a tax return or if the IRS suspects you committed fraud.

What are your odds of being audited by the IRS?

What percentage of tax returns are audited? Your chance is actually very low — this year, 2022, the individual's odds of being audited by the IRS is around 0.4%.

Is there a penalty for not filing a tax return?

See Topic no. 202 for information about payment options. If you owe tax and don't file on time (with extensions), there's also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.

Can I skip filing taxes for a year?

The IRS expects every business to file a federal tax return and pay taxes every year. So the real answer to that question is (drum roll please): zero. There are no IRS-issued guidelines or allowances that will let you skip filing taxes for a year.

How to catch up on unfiled taxes?

How to Catch Up on Unfiled Tax Returns
  1. Step 1: Gather Your Documents. ...
  2. Step 2: Contact a Tax Professional. ...
  3. Step 3: Submit Your Unfiled Tax Returns and Monitor Return Processing. ...
  4. Step 4: File All Future Returns On Time. ...
  5. Why It's Essential to File Any Tax Returns You Missed.

How long do you legally have to file your taxes?

The federal tax return filing deadline for tax year 2024 is April 15, 2025. If you can't file on time, you should file an extension by the tax deadline. This will push back the tax filing deadline and protect you from possible failure-to-file penalties.

How does the IRS catch people who don't file taxes?

Threats of civil and criminal penalties are not enough to deter some people from cheating, so the IRS employs ways to identify individuals who skip out on their taxes. It is believed that the IRS can track credit card transactions and other electronic information, using this added data to find tax cheats.

At what point will the IRS come after you if you don't?

A demand to file: If you fail to file your tax return by the due date, the IRS will initiate contact to remind you of your obligation. Generally, this doesn't happen until at least six months after the due date, and by this time, the failure-to-file penalty can already be up to 25% of your balance due.

How many people do not file tax returns?

IRS Collection Matters. The IRS estimates that each year approximately ten million people fail to file their federal income tax returns.

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. This is known as the "collection statute expiration date" (CSED).

What will trigger an IRS audit?

Not reporting all of your income

The IRS will typically receive a copy of all the tax forms that you do, including distributed income. The IRS will match the reported items to a person's return. If they see something missing, they will automatically conduct at least a letter audit.

What happens if you have unfiled tax returns?

If you fail to file your tax returns, you may face IRS penalties and interest from the date your taxes were. Additionally, failing to pay tax could also be a crime. Under the Internal Revenue Code § 7201, an attempt to evade taxes can be punished by up to 5 years in prison and up to $250,000 in fines.