Taxation and Regulatory Compliance

I Didn’t File Last Year’s Taxes. Can I Still File?

Filing a past-due tax return involves specific steps and financial outcomes. Learn how to navigate the process for a prior year to claim a refund or resolve a balance.

If you did not file your 2022 tax return, you can and should still file it. The process involves understanding the potential financial outcomes, gathering the correct year-specific documents, and following the proper submission procedure.

Potential Outcomes for Late Filing

The financial consequences of not filing your 2022 tax return depend on whether you are owed a refund or have a tax liability. If you are due a refund, there are no penalties for filing late. However, the law provides a three-year window from the original tax deadline to claim it. For a 2022 return, due in April 2023, you have until April 2026 to file and claim your money before it is forfeited to the U.S. Treasury.

If you owe taxes, the IRS can assess two separate penalties. The Failure to File penalty is 5% of the unpaid taxes for each month or part of a month that a return is late, capped at 25% of your balance. The Failure to Pay penalty is 0.5% of the unpaid taxes for each month, also capped at 25%. If both penalties apply in the same month, the Failure to File penalty is reduced by the amount of the Failure to Pay penalty.

Interest also accrues on the unpaid tax balance, compounding daily from the original due date of the return until the date of payment. For returns filed more than 60 days late, there is a minimum late filing penalty. For a 2022 return, this minimum is the lesser of $435 or 100% of the tax owed. Filing as soon as possible helps minimize these accumulating costs.

Gathering Your 2022 Tax Information and Forms

To file your past-due 2022 return, you must use the forms and schedules specific to that tax year. The primary form for individual income taxes is Form 1040. You will need the 2022 version of this form, not the one for the current tax year. Prior-year forms, including schedules like Schedule A or C, are available on the IRS website in the “Forms, Instructions & Publications” section.

You will also need all your income documentation for 2022, such as Form W-2 from employers and various Form 1099s. If you are missing these documents, first try contacting the employer or payer. If that is not successful, you can obtain a free Wage and Income Transcript from the IRS. This transcript shows data from information returns the IRS has received. You can request a transcript online through the “Get Transcript” service, by phone, or by mailing Form 4506-T.

When gathering your records, also look for documentation of any potential deductions or credits you might be eligible for, such as records of charitable donations or medical expenses. These can lower your tax liability or increase your refund.

How to Submit Your Past-Due Return

Once you have completed your 2022 tax return, the final step is submission. E-filing is not an option for most prior-year returns, so you must file a paper return by mail. Some tax software and professionals may be able to e-file returns for the previous two years, but mailing is the most common method.

The correct mailing address is on the IRS website, with addresses listed by state and whether you are enclosing a payment. Sending the return to the specific address listed for your circumstances avoids processing delays. Using a mail service that provides proof of mailing, such as USPS Certified Mail, is a good practice.

After mailing your return, expect a longer processing time compared to an e-filed current-year return, typically six weeks or more. If you owe taxes, the IRS will process your return and then send you a notice detailing the total amount due, including any penalties and interest. This notice will also provide instructions on how to make a payment.

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