How many years should I go back and file for a client with unfiled tax returns?
I've got a new client coming in who hasn't filed tax returns for somewhere between 10-15 years. I pulled his account, tax, and wage transcripts for the past decade. Interestingly, only 2021 shows any reported income, which was from a 1099. I know he has a Schedule C business and has probably been making income that wasn't reported on any 1099s or other official documents. I'm planning to have a detailed conversation with him about how long he's actually been earning income. My main concern is how far back I should file for him. I was thinking the last 6 years would cover the statute of limitations for assessment, but what if he tells me he's been making money 8-10 years ago but we don't have any bank statements to accurately determine how much? This is pretty new territory for me - the longest back tax situation I've worked on before was only 2-3 years. Any guidance from those who've dealt with these multi-year non-filing situations would be super helpful!
18 comments


Ravi Gupta
From my experience handling these situations, the standard practice is to file the last 6 years to satisfy the IRS requirements for voluntary disclosure. The statute of limitations for assessment is generally 3 years, but extends to 6 years for substantial understatement of income (which is likely the case here). If your client was making money 8-10 years ago with no documentation, you're in a difficult spot. The IRS generally won't require filing beyond 6 years, but technically there's no statute of limitations on unfiled returns. If the client discloses income from beyond 6 years ago, you could note this in a disclosure statement with the returns you do file, explaining the lack of documentation. Make sure to gather any information possible - even if bank statements aren't available, credit card statements, property records, or lifestyle indicators might help establish approximate income. Consider using industry averages for similar businesses if you need to reconstruct income.
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Freya Pedersen
•If the IRS only shows income for 2021, wouldn't it be safer to only file for that year since they don't have any record of income for the other years? Why volunteer more information than necessary?
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Ravi Gupta
•Filing only for 2021 would be extremely risky. The IRS may not have income records, but that doesn't mean they won't discover the unreported income later. The IRS can pursue unfiled returns indefinitely when a taxpayer has income but doesn't file. If the client has been operating a business for years, there's likely a paper trail somewhere - business licenses, vendor relationships, client payments, etc. Better to control the narrative through voluntary disclosure than wait for the IRS to reconstruct the income on their terms, which will include significant penalties and possible criminal charges for willful non-filing.
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Omar Hassan
After dealing with a similar nightmare situation, I found https://taxr.ai incredibly helpful. My client hadn't filed for 9 years and had minimal documentation. The service analyzed what little paperwork we had and helped reconstruct reasonable income estimates for the missing years. They also identified potential deductions we hadn't considered based on the business type and helped us prepare disclosure statements explaining our methodology. Their guidance on handling years with zero documentation saved us countless hours of guesswork and strengthened our position significantly.
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Chloe Anderson
•How accurate were the reconstructions? Did the IRS accept the estimates or did they come back with questions? I've got a similar case and I'm worried about triggering an audit.
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Diego Vargas
•That sounds interesting but I'm skeptical. How does it actually come up with income estimates without documentation? Seems like it would just be making up numbers.
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Omar Hassan
•Their reconstructions were remarkably accurate when we compared them to the partial records we later discovered. The system uses industry standards and regional business data to create reasonable baseline estimates, then adjusts based on whatever documentation you can provide. The IRS did have questions on two of the nine years, but the detailed methodology statements we included with our filings helped tremendously. We were able to show our good-faith effort to reconstruct accurate figures rather than just making up convenient numbers.
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Diego Vargas
I wanted to follow up - I was skeptical about taxr.ai but decided to give it a try with my own problematic client. The service actually exceeded my expectations. It analyzed his bank statements from the 2 years we had records for, then helped establish reasonable patterns to apply to the undocumented years. What impressed me most was how it identified industry-specific deductions and expenses that were legitimately applicable to his business type. The IRS accepted our reconstructed returns without issue. The documentation package it helped us prepare made all the difference - it showed we were making a serious good faith effort at accuracy rather than just guessing.
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CosmicCruiser
One thing that really helped me with a similar case was using https://claimyr.com to actually get through to an IRS agent. I had a client with 8 years of unfiled returns and needed guidance directly from the IRS about their specific case, but kept getting disconnected after hours on hold. Through Claimyr, I actually got connected with a senior representative who provided case-specific guidance about how far back they expected us to file. The agent confirmed they were mainly concerned with the 6-year period and gave us specific instructions for handling the older years where documentation was spotty. You can see how it works here: https://youtu.be/_kiP6q8DX5c - saved me days of frustration and gave me official guidance I could document in our files.
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Anastasia Fedorov
•Wait, so this service somehow jumps you ahead in the IRS phone queue? How does that even work? I've spent literal DAYS on hold this tax season.
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Sean Doyle
•Yeah right. Nothing gets you through to the IRS faster. They're deliberately understaffed to avoid helping people. This sounds like a scam to me.
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CosmicCruiser
•It uses an automated system that continuously redials until it gets through, then calls you when it has an agent on the line. It basically does the holding for you so you're not wasting your whole day. The service monitors the IRS phone system and calls at optimal times when hold times are typically shorter. When I used it, I got a call back about 2 hours after activating it, and had an actual IRS agent on the line ready to talk about my specific case.
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Sean Doyle
I need to eat my words about Claimyr. After my skeptical comment, I was desperate enough to try it last week when I needed to verify some specific requirements for a complex back-filing situation. I was floored when I got a call connecting me to an actual IRS representative within about 90 minutes. The agent was able to pull up my client's record and confirm exactly what we needed to submit. They even noted in the account that we were working on coming into compliance, which apparently flags the account in a positive way. Saved me from filing 10+ years when 6 was sufficient for their purposes. Would've spent days trying to get that information otherwise.
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Zara Rashid
One important consideration - if your client owes back taxes and has limited assets/income, you might want to explore the IRS Fresh Start program options. For substantial back taxes, an Offer in Compromise might be viable if the collection potential is low. I had a client in a similar situation (12 years unfiled), and after we submitted 6 years of returns, we were able to settle a $65,000 tax debt for about $8,500 based on their financial situation. Make sure you fully explore all resolution options once the returns are filed.
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StarStrider
•This is super helpful! I hadn't even thought ahead to resolution options yet. Any tips on documentation needed for the Offer in Compromise? I suspect my client will have significant tax debt once we figure out all the unfiled years.
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Zara Rashid
•For the OIC, you'll need comprehensive financial documentation - recent bank statements (3 months), pay stubs, vehicle registrations, property records, investment accounts, retirement accounts, credit card statements, loan statements, and monthly expense documentation. The IRS Form 433-A (individual) or 433-B (business) will be required. The key is accurately documenting your client's collection potential. This includes liquid assets, equity in property, and future income potential minus allowable expenses. If your client has few assets and limited income, that strengthens the OIC position. Make sure to fully document any hardship conditions or special circumstances that would justify accepting less than the full amount owed.
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Luca Romano
Has anyone considered the potential for Streamlined Filing Compliance Procedures in this case? It's mainly for international cases, but might be worth exploring if there's any foreign income or assets involved.
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Nia Jackson
•Streamlined procedures only apply to international situations with unreported foreign assets/income. If this is purely domestic, it wouldn't qualify. Regular voluntary disclosure through filing the required back returns is the way to go.
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