< Back to IRS

Chloe Wilson

Discovered my partner hasn't filed taxes in 17 years - What should we do?

So I'm getting married in a few months and was talking about combining finances with my partner. During our conversation, they casually mentioned they haven't filed federal or state tax returns since 2008! I was completely shocked. They've been working regular jobs this whole time, mostly small businesses that paid them in cash, but for the last 5 years they've been at a company with proper W-2s and everything. They said they never had issues because they always claimed "exempt" on their W-4 forms, so nothing was being withheld. When I asked why they never filed, they just shrugged and said "the system is complicated and I never got around to it." I'm really worried because we're planning to buy a house next year, and I know this tax situation will come back to haunt us. They probably owe tens of thousands in back taxes at this point. I don't even know where to start fixing this mess. Should they just file for the last few years? File for all 17 years? Get a lawyer? I'm concerned about potential penalties or even criminal charges. Has anyone dealt with a similar situation? What's the best way to handle this without making things worse?

Diego Mendoza

•

This is definitely a complex situation, but it can be addressed with the right approach. The IRS generally has a 6-year lookback period for unfiled returns, though technically there's no statute of limitations when returns haven't been filed. Your partner should focus on filing the last 6 years of returns first. Since they've been receiving W-2 income for the last 5 years, the IRS already knows about that income. For the cash income years, they'll need to make reasonable estimates of what they earned. I'd recommend working with a tax professional who specializes in unfiled returns - specifically look for someone with experience in "tax resolution" or "back tax issues." This isn't something you want to DIY with TurboTax. The good news is that the IRS has programs designed specifically for people in this situation. They're generally more interested in bringing people into compliance than punishing them, especially if your partner voluntarily comes forward before being contacted by the IRS.

0 coins

Thanks for your response. Would the IRS consider this a case of tax evasion since they deliberately claimed exempt to avoid withholding? And what about state taxes - do they follow the same 6-year rule?

0 coins

Diego Mendoza

•

Tax evasion requires proving intentional fraud, which is different from simply not filing. Claiming exempt incorrectly is problematic but doesn't automatically constitute evasion. The IRS would need to prove your partner deliberately intended to defraud the government, which is a high bar. State tax agencies generally follow similar rules to the IRS regarding lookback periods, but each state has its own specific regulations. Some states might only look back 3-4 years, while others might go back further. A tax professional familiar with your state's rules would be able to provide specific guidance.

0 coins

StellarSurfer

•

I went through something similar with my ex who hadn't filed for 9 years. After trying to figure it out ourselves and getting nowhere, we found https://taxr.ai which was a lifesaver. They specialize in analyzing your tax situation and helping with unfiled returns. They pulled all his wage and income transcripts from the IRS and figured out exactly what he needed to file for each missing year. What I found most helpful was they clearly explained which years absolutely needed to be filed vs. which ones could potentially be left alone based on the statute of limitations and his specific situation. They also estimated his total tax debt before we even started filing so we could prepare financially.

0 coins

Sean Kelly

•

That sounds too good to be true. How did they get access to his IRS transcripts? I thought only the taxpayer could request those?

0 coins

Zara Malik

•

Did they actually help with filing the returns or just analysis? And did they assist with setting up payment plans with the IRS? My brother is in a similar situation and I'm trying to help him figure out the best option.

0 coins

StellarSurfer

•

They guide you through requesting the transcripts yourself using IRS procedures so everything stays legitimate. You maintain control of your personal information while they help interpret what the transcripts mean for your situation. They primarily focus on analysis and strategy, pointing out issues like potential refunds from certain years that could offset amounts owed in others. They don't replace a CPA for actually preparing returns, but they tell you exactly what years to file and what to expect. For payment plans, they explained all the options available but my ex worked directly with the IRS to set it up after filing.

0 coins

Zara Malik

•

Just wanted to update after checking out taxr.ai based on Profile 3's recommendation. It was actually really helpful for my brother's situation! The service pulled up income information from years he couldn't even remember working and showed that for two years, he was actually due refunds which helped offset some of what he owed. The analysis was super detailed and gave him a clear roadmap of exactly which years needed to be filed first and which had the highest priority. It saved him from panicking about all 11 unfiled years at once and let him tackle them systematically. They even identified some deductions he qualified for that he never would have known about. If your partner is overwhelmed about where to start with 17 years of unfiled taxes, having this kind of analysis is definitely worth it before jumping into filing everything.

0 coins

Luca Greco

•

My husband was in a similar situation (10 years unfiled) and the hardest part was getting through to someone at the IRS who could actually help. We kept calling their general line and waiting for hours only to get disconnected. Super frustrating! We eventually found https://claimyr.com which got us connected to an actual IRS agent within about 20 minutes instead of waiting for hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The IRS agent walked us through exactly what years we needed to file and explained all our options for payment plans. Having an actual conversation with the IRS was WAY more helpful than trying to figure everything out from their website, especially since our situation was complicated.

0 coins

Nia Thompson

•

How does this even work? The IRS phone system is notoriously impossible to get through.

0 coins

Sorry but this sounds sketchy. You're telling me some random service can magically get you to the front of the IRS phone line? When millions of people can't get through? I'll believe it when I see it.

0 coins

Luca Greco

•

It uses a system that continually redials and navigates the IRS phone tree until it gets through to an agent. When it does, it calls you and connects you directly. It's basically doing what you'd do manually (calling repeatedly) but automated. It's not "cutting the line" or anything shady - it's just handling the frustrating part of constantly redialing when you get disconnected. The IRS is severely understaffed which is why their phone system is so overwhelmed. Once you're actually talking to an agent, they're usually quite helpful with explaining your options.

0 coins

I need to apologize and correct myself. After being skeptical about Claimyr, I actually tried it yesterday because I've been trying to reach the IRS about an issue with my stimulus payment for WEEKS. It actually worked exactly as described. I got a call back in about 30 minutes saying they'd reached an IRS agent, and then I was connected directly. The agent I spoke with was able to access my records and help me resolve my issue in one call. I was genuinely shocked it worked so well after all the frustration I'd been having. For someone dealing with 17 years of unfiled taxes, being able to speak directly with the IRS rather than guessing what to do would be incredibly valuable. They can tell you exactly which years they're focusing on and what your options are.

0 coins

Aisha Hussain

•

My sister went through this exact situation with her now-husband. One thing nobody's mentioned yet - if your partner had legitimate business expenses during those cash-payment years, they might actually owe a lot less than you think. Self-employed people can deduct business expenses, home office, mileage, etc. The biggest shock they got was actually from state taxes, not federal. Their state had much higher penalties than the IRS. Definitely look into your specific state's policies on late filing.

0 coins

Chloe Wilson

•

That's a really good point about business expenses! My partner definitely had work-related costs during those years, like tools and supplies. Do you know if they can still claim those deductions when filing so late? And did your sister's husband end up having to file for all the missing years?

0 coins

Aisha Hussain

•

Yes, they can still claim legitimate business deductions when filing late returns. The key is having some form of documentation or reasonable estimates that could be justified if questioned. Even if they don't have perfect records, they should make reasonable estimates of business expenses rather than filing as if they had none. My sister's husband ended up filing 7 years back (which was what the IRS requested when they contacted him). The IRS was primarily concerned with the most recent years and years where he had significant income. They worked out a payment plan and the whole process was less catastrophic than they initially feared.

0 coins

Just FYI - claiming "exempt" on W-4 forms when you don't qualify is a big red flag to the IRS. It's not just "oops I forgot to file" but actively avoiding withholding. Your partner needs to stop doing this immediately! They should submit a new W-4 to their employer ASAP with the correct information. Also, you mentioned buying a house next year - that might be challenging with this tax situation hanging over you. Mortgage lenders typically require tax transcripts, and they'll see the unfiled years.

0 coins

Ethan Brown

•

This is true but a bit alarmist. Yes, improperly claiming exempt is an issue, but the IRS distinguishes between tax avoidance (legal but aggressive) and tax evasion (illegal). Most cases like this end up as civil matters with penalties and interest, not criminal tax evasion charges.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today