


Ask the community...
Everyone's focusing on getting the documents, but I want to address what ACTUALLY happens if you don't file: 1. The IRS will eventually send notices (CP59 Notice) 2. They might file a "Substitute for Return" based on income info they have, which won't include any deductions/credits you'd qualify for 3. They'll assess tax, penalties and interest 4. They can eventually garnish wages, take money from bank accounts, and seize tax refunds for YEARS 5. There's no statute of limitations on unfiled returns, so this can haunt you forever I ignored filing for 3 years when I was younger and it took me 6 years to clean up the mess. DON'T DO IT.
Did they ever come to your house or anything? That's what I'm worried about. Also did it affect your credit score?
They never came to my house - that's pretty rare unless you're being investigated for tax fraud involving large amounts of money or criminal activity. The IRS generally handles everything through mail notices and phone calls before taking more serious collection actions. It absolutely destroyed my credit score for years. The tax liens showed up on my credit report and dropped my score by over 100 points. This affected my ability to get apartments, car loans, and credit cards. Even after I paid everything off, the damage lingered for a while. The credit reporting rules have changed somewhat since then, but tax problems can still indirectly affect your credit when they impact your financial situation.
Some practical advice: even with missing docs, FILE SOMETHING by the deadline (April 15)! You can file Form 4868 for an automatic extension to October, then use that time to get your docs sorted. The extension doesn't extend the time to pay, but it prevents the nasty failure-to-file penalty which is much worse than the failure-to-pay penalty.
Wait so if I file for an extension I still need to pay what I think I might owe? How do I even calculate that without my W-2??
Yes, you're expected to make a good-faith estimate of what you might owe and pay that amount when you file the extension. Without your W-2, you can estimate based on your final paystub of the year, which usually has year-to-date information. Most paystubs show how much federal tax was withheld throughout the year. If you don't have your last paystub, you could also estimate based on last year's return if your income situation was similar, or check your bank deposits to calculate approximately what you earned and estimate taxes from there. Even if your estimate isn't perfect, showing that you made a reasonable effort to comply will usually help reduce penalties.
Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.
Thanks for this suggestion! I actually tried asking if they would accept proof of application but they were pretty firm about needing the actual ITIN before finalizing the lease. I didn't think about the occupant vs. lease-holder distinction though - that's a really good idea. I'll check if my income alone meets their requirements. The only concern is that many places have rules about all adults living in the unit being on the lease. I'll definitely bring this up with them tomorrow. Really appreciate the suggestion!
Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?
They use it for identity verification and for potential collections if you break the lease. Without an ITIN or SSN, they have no way to report to credit bureaus or track you down if you skip out on rent. Some places will accept a larger security deposit instead.
That makes sense, thank you. I hadn't considered the collections angle. I wonder if offering an additional security deposit might work in the original poster's case. Seems like that would address their concern about potential risk.
One thing nobody's mentioned yet - make sure you respond to the LT38 by the deadline even if you're still sorting out the details! Those notices have strict deadlines and if you miss it, you could lose certain appeal rights. If you need more time, call the number on the notice and request an extension while you gather documentation. They'll usually give you an additional 30-60 days if you have a legitimate reason. Also, if you do end up owing money, look into a payment plan. The IRS offers reasonable monthly payment options, and once you're on a plan, they'll stop sending threatening notices.
That's really helpful - I was so focused on figuring out the correct amount that I hadn't thought about the deadline. The notice says I have 30 days to respond. If I request more time, does that stop any collection actions they might take?
Requesting more time usually pauses collection actions while your case is being reviewed, but it's not guaranteed. Make sure you get confirmation (ask for a transaction ID or confirmation number) when you request the extension. The safest approach is to send a written response by certified mail before the deadline stating that you're disputing the amount and gathering documentation to support your position. This officially stops the collections process while your case is reviewed. Then follow up with your complete documentation once you have everything organized.
Has anyone had success getting interest charges removed in situations like this? I had a somewhat similar issue where the IRS made an error processing my return, and by the time they figured it out, they had added over $800 in interest to my balance.
I just wanted to add that TurboTax's policies on data retention are actually pretty terrible. They only guarantee they'll keep your returns for 7 years, but in practice, their system "loses" returns much more frequently. Something similar happened to me, and when I pressed their customer service supervisor, they admitted they had a system migration in 2022 that caused many accounts to lose data from 2019-2021. They won't publicly admit this though and keep giving people the runaround.
Is that actually legal though? Aren't they required to keep tax records for a certain period of time since they're an authorized e-file provider? Seems like there should be some regulation about this.
There's a difference between what's legally required and what they promise customers. Tax preparers are required to keep certain information for their compliance purposes, but that doesn't mean they're required to make it available to customers indefinitely. Their terms of service (which nobody reads) actually states they only "strive" to maintain access to returns for 7 years but make no guarantees. It's buried in the fine print. The IRS requires them to keep certain records, but that's for audit purposes, not customer convenience.
Has anyone tried the TurboTax Audit Defense team? I remember when I filed, I paid extra for some kind of protection plan that supposedly included keeping records longer. Wonder if that would help in this situation?
TurboTax Audit Defense is completely separate from their data retention policies. It's basically just insurance that provides representation if you get audited. I paid for it too thinking it included document storage, but when I called about missing returns, they told me it was completely different departments and services.
Evelyn Rivera
Here's a tip that many people don't know about: if this is your first time with an underpayment situation, you can often get the IRS to waive the penalty through what's called "First Time Penalty Abatement." You have to specifically ask for it though! I was in your exact situation 2 years ago with my side business. I called the IRS after I got the penalty notice (took forever to get through) and just politely explained that I didn't understand the quarterly payment requirements and asked if there was any relief available since I had always filed and paid on time before. They removed the entire penalty!
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Julia Hall
β’Do you have to wait until they assess the penalty before requesting abatement? Or can you be proactive and request it when you file?
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Evelyn Rivera
β’You generally need to wait until they assess the penalty before requesting abatement. The IRS typically sends a separate notice about penalties after processing your return. When you get that notice, that's when you should call and request the First Time Penalty Abatement. You can't really request it proactively when filing because the IRS needs to calculate the penalty first. The good news is that if you qualify, they'll usually grant it without much hassle as long as you've had a clean compliance record for the previous 3 years.
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Arjun Patel
Watch out for state taxes too! Everyone here is talking about federal, but depending on your state, you might owe there as well. I forgot about state taxes on my DoorDash income and got hit with penalties from both IRS and my state tax board.
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Jade Lopez
β’This is such a good point. I'm in California and their underpayment penalties are actually worse than the federal ones. Had to pay almost 9% penalty on what I owed to the state.
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