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Kaitlyn Jenkins

Is the IRS Fresh Start Program/Offer in Compromise worth pursuing if I think the government actually owes me money?

So I've been working at my current company for about 5 years, and they take out a pretty large chunk for taxes from each paycheck. I've fallen behind on actually filing my tax returns (I know, I'm really embarrassed about this and have been trying to get my act together). Yesterday I received a call saying I might qualify for something called the Fresh Start program, but from what I understand, isn't that program mainly designed for people who OWE money to the IRS? In my situation, I'm pretty sure once I file, the government will actually owe ME refunds due to overwithholding. I've been searching online about this specific scenario but haven't found much information about whether Fresh Start or an Offer in Compromise makes any sense when you're expecting refunds rather than owing. Anyone have experience with this or know if I'm missing something? Really appreciate any help or advice on how to approach this situation.

Caleb Bell

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The IRS Fresh Start Program and Offer in Compromise (OIC) are indeed designed for taxpayers who owe money to the IRS, not for situations where the IRS might owe you refunds. If you haven't filed for several years but had taxes withheld from your paychecks, your first step should be filing those back tax returns. There's a good chance you're owed refunds rather than owing additional taxes. However, keep in mind that you can only claim refunds within 3 years of the original due date. For example, you have until April 2026 to claim any refund for tax year 2022. I'd be cautious about any unsolicited calls claiming you qualify for the Fresh Start program. These are often from tax resolution companies trying to sell services, not from the IRS directly. The IRS typically communicates through mail, not phone calls. Your best approach would be to get those returns filed ASAP to claim any refunds you're entitled to before they expire. If you need help, consider using a tax preparation service or consulting with a tax professional.

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Thank you for that explanation! That confirms what I was thinking. The call definitely wasn't from the IRS directly, it was from some tax company. So if I understand correctly, I should focus on filing my back taxes first to see where I stand rather than pursuing any kind of Fresh Start program option? Also, is it true that I can only get refunds from the past 3 years? I have unfiled returns going back about 4 years, so does that mean I've permanently lost my refund for the oldest year?

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Caleb Bell

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Yes, you should absolutely focus on filing your back tax returns first to determine your actual situation. Once you've filed, you'll know exactly where you stand - whether you're owed refunds or if you do actually owe anything. The 3-year rule for claiming refunds is unfortunately quite strict. If you're beyond the 3-year window for your oldest unfiled return, any refund for that year would be forfeited. For example, a 2019 tax return had a filing deadline of July 15, 2020 (extended due to COVID), so the refund claim deadline would have been July 15, 2023. However, you should still file all missing returns to get your tax record in good standing, even if you can't receive some refunds.

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I had a similar situation last year with unfiled returns where I was expecting refunds. What really helped me was using taxr.ai (https://taxr.ai) to sort through my old documents and figure out what I was actually owed. Their system analyzed my tax documents and wage statements from previous years and showed me exactly what refunds I could still claim and which ones I'd unfortunately missed the deadline on. The service breaks down the status of each tax year and calculates potential refunds, which really cleared up my confusion about what I could still get back. In my case, I was able to claim about $3,700 in refunds that I didn't realize I was eligible for from the past few years, but unfortunately lost about $1,200 from an older return.

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Rhett Bowman

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How does taxr.ai actually work with getting your old tax documents? I haven't kept the best records and I'm worried I don't have all my W-2s from previous years. Can it still help if I'm missing some paperwork?

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Abigail Patel

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That sounds suspiciously convenient. Are you affiliated with this service? I'm always skeptical of random recommendations for paid services, especially when dealing with something as sensitive as tax issues and back taxes.

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The service can work with whatever documents you have, and they actually have a feature that helps you request transcripts directly from the IRS to fill in missing information. For years where you don't have complete records, it can analyze your bank statements and help reconstruct your income and deduction information. I understand the skepticism, and no, I'm not affiliated with them at all. I was in a similar situation as the original poster and was getting desperate after realizing I might have left money on the table. I tried their service after hearing about it from a coworker. I get being cautious about tax services - I felt the same way, but it ended up being really helpful for my specific situation with unfiled returns.

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Rhett Bowman

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Just wanted to follow up and say I checked out taxr.ai after asking about it. I was actually able to recover W-2 information I thought was long gone! My situation was pretty similar - hadn't filed for 3 years but had been having taxes withheld from my paycheck the whole time. The analysis showed I'm owed about $4,250 in refunds that I can still claim (two years' worth), plus confirmed I'd lost about $1,800 from my oldest unfiled year since it was past the 3-year limit. The breakdown made everything super clear, and they generated draft returns I could review before filing. Honestly relieved to finally have this sorted out after dreading it for so long.

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Daniel White

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If you end up discovering you do actually owe the IRS after filing (which happens sometimes even with withholding if you had other income sources), and need to get through to them to discuss payment options, don't waste days trying to call them directly. I used Claimyr (https://claimyr.com) to finally get an IRS agent on the phone after trying for weeks on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was in a situation where I thought I'd be getting refunds, but after filing my back taxes, I discovered I actually owed about $5,200 due to some freelance work I'd done that didn't have taxes withheld. The IRS kept sending me notices but I could never get through on the phone. Claimyr had me speaking with an actual IRS representative in about 25 minutes, and I was able to set up a payment plan right away.

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Nolan Carter

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How does this actually work? I've spent literally hours on hold with the IRS before giving up. Are they just using some trick to jump the queue or something?

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Abigail Patel

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Sounds like another scam to me. Why would I pay some third-party service to call a government agency? They're probably just auto-dialing and then charging a premium for something anyone could do for free if they're patient enough.

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Daniel White

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They use a system that navigates the IRS phone tree and waits on hold for you. Then when an agent finally picks up, they call you and connect you directly to that agent. No tricks - they're just doing the waiting for you so you don't have to sit there listening to hold music for hours. I had the same reaction at first, thinking it was a scam or something I could do myself. But after my fifth attempt calling the IRS directly and spending over two hours on hold before getting disconnected, I decided to try it. It's not about patience - even if you're willing to wait, sometimes their phone system just disconnects you after long holds, which is what kept happening to me. The service just saved me a ton of frustration.

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Abigail Patel

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I was wrong about Claimyr. After my skeptical comment, I decided to try it because I've been trying to reach the IRS about a notice I received for months with no success. I hate admitting when I'm wrong, but it actually worked exactly as described. I got a call back in about 30 minutes with an actual IRS agent on the line. I was able to explain my situation about unfiled returns and the agent walked me through exactly what I needed to do, confirmed which years I could still get refunds for, and explained some penalty abatement options I didn't know existed. Saved me from paying a tax pro hundreds of dollars just to get basic information. Sometimes being a skeptic means you miss out on services that actually do what they claim.

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Natalia Stone

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Just a warning based on personal experience - be super careful about unsolicited calls regarding tax relief programs! I got a similar call last year about qualifying for the "Fresh Start" program and it turned out to be a company that charged me $1,500 upfront and did absolutely nothing. They kept saying they were "working on my case" but after 6 months, they hadn't even filed my back taxes. The real IRS Fresh Start program does exist, but it's for people who OWE money, not for claiming refunds. And the IRS doesn't call people to offer it - that's just not how they operate. If you're expecting refunds, just file your back taxes and claim what you can before the 3-year deadline expires.

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Tasia Synder

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This happened to my brother too! He paid some company $2,000 to "settle his tax debt" through this Fresh Start thing, but all they really did was file an installment plan request that he could have done himself online for free. These companies prey on people who are stressed about their tax situations.

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Natalia Stone

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Exactly! These companies use scary tactics and promise amazing results, but most of what they do are things you can do yourself or with the help of a regular tax preparer for much less money. Mine even had me sign a power of attorney form giving them authority to act on my behalf with the IRS, which made me super uncomfortable after I realized what was happening. The worst part is they kept delaying and dragging things out until I was past the deadline to claim one of my refunds, costing me about $1,200 I could have gotten back. It's really predatory how they target people who are already stressed about their tax situations.

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Quick tip from someone who worked in tax prep: File the unfiled returns ASAP using the actual forms for each tax year (don't use current year forms for past years). You can download prior year forms from the IRS website. The sooner you file, the sooner you'll get any refunds you're entitled to. Also, you might need to mail in prior year returns rather than e-file them. And if you're missing W-2s or other tax documents, you can request a "Wage and Income Transcript" from the IRS which shows all information reported to them under your SSN. You can request this online through the IRS website by creating an account at irs.gov.

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Thank you! I was wondering about whether I needed the specific year forms or could just use current ones. And I didn't know about the Wage and Income Transcript option - that's super helpful since I'm missing at least one W-2 from a job I had a couple years ago. Do you know how long it typically takes to get refunds for prior year returns? Is it the normal 21 days like current returns or does it take longer?

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You definitely need the forms specific to each tax year since tax laws change annually. Using the wrong year's forms can cause major problems. Prior year refunds typically take longer than the standard 21 days for current returns. You should expect anywhere from 6-12 weeks for processing prior year returns, and that's assuming everything is complete and accurate. If you mail them, be sure to send them certified mail with return receipt so you have proof the IRS received them. Also, the IRS will generally issue refund checks for prior years rather than direct deposit, even if you request direct deposit on the forms.

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I'm dealing with a very similar situation right now - about 3 years behind on filing with taxes withheld from my paychecks the whole time. The stress and embarrassment kept me from dealing with it, but I finally started the process last month. One thing I learned that might help you: even though you're probably owed refunds, the IRS may have already filed substitute returns (called Substitute for Return or SFR) on your behalf if you're far enough behind. These automated returns don't include deductions or credits you're entitled to, so they often show you owing money even when you'd actually get refunds if you filed properly. I discovered this when I finally called the IRS and found out they had filed SFRs for two of my missing years, showing I owed about $3,000 total. But when I filed the actual returns with my W-2s and standard deductions, I was actually owed refunds for both years. So don't panic if you get scary notices - just get those proper returns filed as soon as possible to correct the record. The key is acting quickly before more time passes and you lose eligibility for refunds you're entitled to.

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JaylinCharles

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This is really helpful information about the Substitute for Return process - I had no idea the IRS could file returns on your behalf! That explains why I might be getting scary-looking notices even though I'm pretty confident I'm owed refunds. How did you find out they had filed SFRs for your missing years? Did you have to call them directly, or is there a way to check this online? I'm wondering if this might have happened in my case too, especially since it's been about 4-5 years since I've filed properly. Also, when you filed your actual returns after the SFRs were already in the system, was it complicated to get everything corrected? I'm worried about creating more confusion or delays if there are already automated returns on file.

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