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Liam Fitzgerald

Need help filing back taxes for restaurant worker with multiple missed years

So my cousin has been working at this family-owned Italian restaurant for about 6 years now and hasn't filed taxes in at least 4 of those years. I'm really worried about them because they've been putting it off for so long. They're mostly a server/bartender and I know they don't make a ton - probably around $32,000-$38,000 yearly between wages and tips. I'm trying to help them figure out if they're going to get absolutely destroyed with penalties and interest when they finally file these back taxes. They're already super stressed about money and I don't want them to get blindsided with some massive bill they can't pay. Does anyone know what happens in these situations? Will the IRS come after them for a huge sum? They've had taxes withheld from their regular paychecks, but I'm not sure if they reported all their tips correctly. Any advice on how to approach this or what they might expect to pay would be so helpful!

Amara Nnamani

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This is actually more common than you might think, especially in the restaurant industry. The good news is that your cousin may not owe as much as you fear, particularly if they're in a lower income bracket. First, they should gather whatever documentation they can for those years - W-2s, pay stubs, tip records, anything that shows income and withholding. If they can't find their W-2s, they can request wage transcripts from the IRS that show what employers reported. Since they had taxes withheld from paychecks, they might actually be due refunds for some years (there's a 3-year window to claim refunds). For years where they might owe, the IRS offers reasonable payment plans. The penalties and interest add up over time, but for relatively small amounts of unpaid tax, they won't be astronomical. The most important thing is to file now before the IRS comes to them. Voluntary disclosure always looks better than responding to IRS notices. Consider working with a tax professional who specializes in back taxes - many offer free consultations.

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Would they qualify for the Fresh Start program? I heard something about that for people who haven't filed in a while.

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Amara Nnamani

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Yes, the IRS Fresh Start Program could potentially help in this situation. The program offers several options including installment agreements for paying back taxes over time, and in some cases, an Offer in Compromise where the IRS might accept less than the full amount owed under certain financial hardship conditions. With their income level, your cousin might qualify for a streamlined installment plan which is easier to set up and has less paperwork. The key is to get all unfiled returns submitted first before applying for any payment arrangements under the Fresh Start initiatives.

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NebulaNinja

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After reading your situation, I wanted to share something that really helped me when I was in a similar position. Last year I hadn't filed for 3 years while working at different restaurants, and I was absolutely terrified of what I might owe. I found this service called taxr.ai (https://taxr.ai) that specifically helps with back tax filing situations. They have tools that analyze your specific situation and help determine what you might owe before you even submit anything. It really helped me understand my potential liability and organize all my scattered W-2s and tip income. The stress relief alone was worth it - they helped me realize I was actually due refunds for 2 of the 3 years! For the year I did owe, it was much less than I feared because they found deductions I would have missed on my own.

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How does it work with tip income that wasn't reported? I've got a friend in a similar situation who's worried about that part specifically.

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I'm curious about this - did you have to submit all your bank statements and stuff? I always hear these services ask for tons of personal financial info and I get nervous about that.

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NebulaNinja

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For unreported tip income, they actually have a specific function that helps you reconstruct your tip history based on shift patterns and industry standards. They don't just throw you under the bus - they help you create a reasonable and defensible record of your tip income that satisfies IRS requirements without unnecessarily inflating what you owe. Regarding financial information, I was concerned about that too! They only needed my W-2s, some basic income info, and the most recent bank statements to verify my current financial situation. It was way less invasive than I expected, and everything was handled through their secure portal. You don't have to provide full access to all your accounts or anything like that.

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Just wanted to follow up about my experience with taxr.ai since I decided to give it a try after seeing it mentioned here. I was super hesitant at first because I thought it would be complicated or they'd try to scare me into paying for extra services I didn't need. But wow, what a relief! They helped me sort through 5 years of restaurant work where I had a mix of reported and unreported tips. They actually showed me how to properly document everything in a way that was honest but didn't leave me overpaying. The best part was finding out I was due refunds for 3 of the 5 years because of education credits I never knew I qualified for! For the 2 years I did owe, it was about $1,200 total including penalties - WAY less than the $10K+ I was freaking out about in my head. Just wanted to share since it might help your cousin too.

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Sofia Morales

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I went through something similar with my brother who hadn't filed for 6 years. Our biggest frustration was trying to actually get through to someone at the IRS to discuss options BEFORE filing. We were put on hold for hours, disconnected repeatedly, and couldn't get straight answers. We finally used Claimyr (https://claimyr.com) to get through to an actual IRS agent. Their service basically holds your place in the phone queue and calls you when an agent is about to pick up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Once we actually spoke with someone, we got clear guidance on how to proceed with the back taxes. The agent explained which years to prioritize (most recent first) and confirmed that with my brother's income level, penalties would be relatively manageable. The peace of mind from speaking directly with the IRS was huge.

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Dmitry Popov

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Wait, how does that even work? The IRS actually picks up when they call? I've literally spent entire days on hold before giving up.

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Ava Garcia

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Sounds like BS to me. Nobody gets through to the IRS. If this actually worked, everyone would be using it and the IRS would shut it down. I'm calling scam on this one.

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Sofia Morales

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It's actually pretty straightforward - they use an automated system that waits in the IRS phone queue for you and calls you when you're about to be connected. It's perfectly legal, just a time-saving service. No special access or anything shady. They definitely don't have any special "backdoor" to the IRS - you're still going through the same channels everyone else is, but without having to personally sit on hold for hours. When an agent picks up, you're connected immediately. The IRS has no issue with the service because you're still following all their normal procedures.

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Ava Garcia

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I have to publicly eat my words here. After being super skeptical about Claimyr in my previous comment, I decided to try it myself since I've been trying to reach the IRS about my own back taxes situation for weeks. It actually worked exactly as advertised. I got a callback when an agent was about to answer (took about 1.5 hours, but I was able to go about my day instead of sitting with a phone glued to my ear). The IRS agent I spoke with was surprisingly helpful and walked me through exactly what I needed to do for my unfiled 2020-2022 returns. I was able to set up a payment plan on the spot for what I owed, which was about $4,200 spread across the three years. Way more manageable than I thought. Sometimes it's good to be proven wrong!

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StarSailor}

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One thing nobody has mentioned yet - if your cousin is low income, they might qualify for help from a Low Income Taxpayer Clinic (LITC). These clinics provide free or low-cost help to people who make below a certain threshold (generally 250% of the federal poverty line). I volunteered at one during tax season and we helped tons of restaurant workers file multiple years of back taxes. In many cases, people actually got refunds they didn't know they were entitled to! Google "LITC near me" or check the IRS website for locations. They can help with the whole process from filing the returns to setting up payment plans or even negotiating settlements if needed.

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Thank you for mentioning this! Do you know if they help with tip income situations specifically? That's the part my cousin is most worried about.

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StarSailor}

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Yes, they absolutely help with tip income situations! In fact, that's one of the most common issues they deal with for restaurant workers. They can help your cousin figure out how to reconstruct reasonable tip records if they didn't keep detailed logs, and they understand the specific challenges facing tipped employees. The LITC volunteers typically include tax professionals who donate their time and have experience with these exact scenarios. They won't judge your cousin for not filing - their goal is just to help people get into compliance with the least financial pain possible.

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Miguel Silva

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Just to add my experience - I worked delivery for 3 years and didn't file. When I finally did, I ended up getting refunds for all 3 years! Don't assume your cousin will owe a ton. Between the standard deduction (which was around $12,950 for single filers last year) and tax credits they might qualify for, they could be in better shape than you think. Even if they do owe, the IRS is pretty reasonable with payment plans. I know someone who owed about $7,000 and got a plan for like $120/month. Not ideal, but definitely not the financial death sentence people fear.

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Zainab Ismail

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How far back can you claim refunds? My boyfriend hasn't filed in like 6 years but he's pretty sure he'd get refunds.

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Miguel Silva

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You can only claim refunds going back 3 years. So for the 2025 filing season, you can claim refunds for 2022, 2023, and 2024. Any potential refunds from years before that are unfortunately lost forever - that's why it's important to file ASAP if your boyfriend thinks he's due refunds! For the older years (beyond the 3-year window), he should still file the returns to get into compliance, but he won't be able to get any refunds from those years even if the calculations show he would have been entitled to them.

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