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Unfiled tax returns

What happens if you don’t file

If you don’t file a required federal return, the failure-to-file penalty grows by 5% of the unpaid tax each month, up to 25%. The IRS sends letters, may prepare a return for you without your deductions, then assesses the tax and can collect it with liens and levies.

Penalties and interest

ChargeHow it works
Failure-to-file penalty5% of the unpaid tax for each month or part of a month the return is late, up to 25%. For a return more than 60 days late, a minimum applies: $525 for returns due after December 31, 2025, or 100% of the tax due if that’s less
Failure-to-pay penalty0.5% of the unpaid tax each month, up to 25%. It rises to 1% a month if you don’t pay within 10 days of a notice of intent to levy, and drops to 0.25% during an approved payment plan if you filed on time
InterestCharged on unpaid tax, and on penalties, until the balance is paid

When both penalties apply in the same month, the failure-to-file penalty is reduced by the failure-to-pay amount. The failure-to-file penalty maxes out after five months; the failure-to-pay penalty keeps going.

What the IRS does, step by step

  1. It notices. Employers, banks and others report your income to the IRS. A missing return stands out.
  2. It writes to you. Usually a CP59 first, then reminders like CP515 and CP516, then a final reminder, CP518. If you’re due a refund on another year, a CP63 says it’s on hold.
  3. It may file for you. The IRS can prepare a substitute for return using reported income, often without the deductions and credits you’d claim.
  4. It sends a Notice of Deficiency. A CP3219N gives you 90 days to file your own return or petition the Tax Court.
  5. It assesses and collects. Balance-due notices follow, then possibly a federal tax lien and levies on wages and bank accounts.

Other costs of not filing

  • Lost refunds after three years.
  • No Social Security credit for self-employment income you didn’t report.
  • Trouble with lenders, who often ask for filed returns for mortgages, refinancing, business loans and student aid.
  • Locked-out IRS options: the online payment plan and automatic penalty relief both depend on filing.

The good news

Filing late is always better than not filing. Each return you file stops its failure-to-file penalty from growing, replaces any IRS estimate with real figures, and moves you toward a payment plan or other resolution.

Common questions

Is it a crime not to file?

Willfully failing to file can be a crime, but the IRS handles most late filers through civil penalties and interest. If you’re worried about criminal exposure, speak with a tax attorney before you file.

What if I can’t pay what I owe?

File anyway. The failure-to-file penalty is much larger than the failure-to-pay penalty, and once you’ve filed you can ask for a payment plan.

Is there a minimum penalty?

Yes. For a return filed more than 60 days late, the minimum is the lesser of a set amount or 100% of the unpaid tax. For returns due after December 31, 2025, the set amount is $525.

Sources

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The estimate is free. The $79 IRS investigation is the first thing you pay for, and it counts toward your plan.