Realized I forgot to file our 2022 taxes... am I going to jail? (US taxpayer)

So I was going through some paperwork this weekend and had a total panic moment. I just realized my wife and I completely forgot to file our 2022 tax returns. Like, completely slipped our minds. I logged into the IRS website to check and sure enough - nothing submitted for that year. We normally file jointly and have pretty straightforward W-2 income, nothing complicated. I'm freaking out a bit because it's been over a year now. This is definitely my fault - between changing jobs and moving to a new state, I guess I just lost track. I keep wondering if there's already some kind of investigation happening or if we're going to get a scary letter from the IRS any day now. Has anyone dealt with this before? How screwed are we? Do people actually go to jail for accidentally missing a year of filing? We've always filed on time before this. Should I just file the late return ASAP or do I need to talk to a lawyer first?

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18 comments

Connor O'Neill

•8M

Don't panic! You're not going to jail for forgetting to file, especially if you're typically compliant. The IRS is primarily concerned with collecting taxes owed, not punishing people who made an honest mistake. What you should do right now is file your 2022 return as soon as possible. It's considered a "late return" at this point. If you're due a refund, there's actually no penalty for filing late (but you only have three years from the original due date to claim your refund). If you owe money, however, you'll face failure-to-file penalties (usually 5% of unpaid taxes per month, up to 25%) and failure-to-pay penalties (0.5% per month), plus interest on the unpaid amount. The good news is that the IRS offers payment plans if you can't pay the full amount immediately, and in some cases, you might qualify for penalty abatement if you have a reasonable explanation and good compliance history.

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Connor O'Neill

•8M

The IRS processes each tax year separately, so having received refunds for 2021 and 2023 while missing 2022 won't automatically trigger suspicion. The IRS system will show that you didn't file for 2022, but receiving refunds for other years doesn't make your situation worse. As for filing jointly versus separately, that decision should be based on what's most advantageous for your tax situation, just as it would be for an on-time return. Filing status doesn't impact the penalties for late filing, though it could affect the total tax owed (which would impact the penalty amount indirectly).

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Yara Nassar

•8M

I went through something similar last year with my 2020 taxes (totally forgot during pandemic craziness) and discovered taxr.ai https://taxr.ai which was a lifesaver. I was FREAKING OUT thinking I'd have to reconstruct everything from scratch, but their system analyzed my past returns, pulled my missing tax documents, and basically reconstructed what my 2020 return should have looked like. The best part was they flagged a tax credit I would have missed if I'd tried to do it myself in a panic. They actually found that I was owed a refund rather than owing money, which made the late filing so much less stressful.

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Yara Nassar

•8M

They have a secure system that lets you authorize access to your IRS transcript data - it's the same information you can request yourself through the IRS website, but they automate the process. It's especially helpful for missing W-2s since the IRS already has that info from your employer. For employers that went out of business, this is actually perfect because the IRS still has your W-2 data even if you can't contact the employer anymore. They use official IRS channels - nothing sketchy about it.

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Amina Toure

•8M

If you're worried about IRS penalties, you might want to try calling them to discuss your situation. BUT... good luck getting through to a human! I spent literal DAYS trying to reach someone at the IRS about my late filing situation. Then I found Claimyr https://claimyr.com which got me connected to an IRS agent in 15 minutes when I'd been trying for weeks. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with was actually really helpful and walked me through exactly what I needed to do for my late filing, and even helped me set up a payment plan right on the call. Totally worth it to speak to someone directly rather than guessing what to do.

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Amina Toure

•8M

It uses technology that continuously redials and navigates the IRS phone tree until it gets through to an agent. Then it calls you and connects you instantly. It's not "hacking" anything - it's just automating the tedious process of calling repeatedly until you get through. The service doesn't keep you on hold at all - you literally get a call back when there's an IRS agent on the line ready to talk. I was skeptical about how it worked too, but after wasting hours on hold myself, it was absolutely worth trying.

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CosmicCommander

•8M

I owe an apology to everyone here. After my doubtful comment about Claimyr, I decided to try it myself since I also had an unresolved tax issue that's been hanging over my head for months. I'm eating humble pie now because it actually worked exactly as described. Got connected to an IRS agent in about 20 minutes who helped me straighten out my late filing situation. Turns out I qualified for first-time penalty abatement which they applied right on the call. Saved me over $800 in penalties. Sometimes cynicism costs you money!

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Natasha Volkova

•8M

Just write a simple one-page letter titled "Statement of Reasonable Cause" explaining that you inadvertently missed filing the return due to life circumstances (be specific but brief about the job change and move). Include your names, Social Security numbers, tax year, and sign it. Attach it to the front of your return if filing by mail. If filing electronically, mail the letter separately to the same IRS processing center where you would have mailed your return, and reference your names, SSNs, and tax year 2022 in the letter.

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