Failing to file taxes is more common than many people think. Whether due to financial hardship, life changes, or simple oversight, some individuals may go without filing taxes or skip filing for one or more years. But how long can you legally go without filing taxes before facing serious consequences?
No Time Limit on Filing Requirements
If you’re required to file a tax return, there is no legal time limit for when the IRS can come after you for not filing. Unlike the statute of limitations that applies to auditing a return or collecting a tax debt, there is no statute of limitations on unfiled returns. That means the IRS can pursue you at any time—even decades later—if you never submitted the required paperwork.
In short, if you never file, the clock never starts.
Statute of Limitations Only Begins When You File
Typically, the IRS has three years from the date a return is filed to audit it, and ten years from the date a tax is assessed to collect what’s owed. However, these timeframes only begin once a return is actually filed.
For example, if you failed to file in 2016, the IRS can still demand that return today. If you had a balance due, the ten-year collection period wouldn’t begin until the day you filed (or the IRS filed a Substitute for Return on your behalf).
Risk of Losing Refunds
While there’s no statute of limitations on how long the IRS can wait for you to file, there is a strict limit on how long you have to claim a refund. You only have three years from the original due date of a tax return to claim any refund you’re owed. After that, the money is gone for good—even if the IRS owes you.
IRS Enforcement Is a Real Risk
The longer you wait to file, the greater the risk of enforcement. The IRS can take serious actions, including:
- Filing a Substitute for Return (SFR) without deductions
- Issuing tax liens or levies
- Garnishing your wages or bank accounts
- Blocking your passport for large tax debts
Bottom Line of Going Without Filing Taxes
There is no legal limit to how long you can go without filing taxes if a return is due. But the longer you wait, the more consequences—and costs—you’re likely to face. It’s never too late to catch up, but it’s far easier when you act before the IRS does. For professional assistance, contact us today.