What's the penalty for not filing last year's taxes?
Ugh so I completely missed filing my taxes last year. Between changing jobs and moving to a new apartment, it just slipped my mind completely. Now I'm trying to get everything sorted for this year's taxes and realized I never submitted anything for 2023. I've always filed my taxes on time before this. I'm wondering how much the penalty is going to be for not filing last year? Is it a percentage of what I owe? Is there a minimum penalty even if I was due a refund? I'm really stressed about this and want to know what I'm facing before I start the process of filing late. If anyone has experience with this situation I'd appreciate some guidance.
18 comments


Freya Thomsen
The penalties for not filing taxes depend on whether you owe taxes or were due a refund. Here's the breakdown: If you're due a refund: Good news - there's no penalty for filing late! However, you only have 3 years from the original due date to claim your refund, after which you lose it. So you're still well within that window for last year. If you owe taxes: There are two penalties that can apply. First is the failure-to-file penalty, which is usually 5% of the unpaid tax for each month your return is late, up to 25% maximum. Second is the failure-to-pay penalty, which is 0.5% of unpaid tax each month, up to 25%. Interest also accrues on unpaid tax debt. The best thing to do is file your late return ASAP, even if you can't pay the full amount owed right now. You can always work out a payment plan with the IRS later, but filing stops the bigger failure-to-file penalty from growing.
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Omar Zaki
•So if I'm understanding correctly, there's actually a bigger penalty for not filing vs. not paying? That seems kinda backwards. What if someone doesn't file because they know they can't pay?
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Freya Thomsen
•Yes, that's exactly right - the failure-to-file penalty (5% per month) is ten times higher than the failure-to-pay penalty (0.5% per month). The IRS designs it this way deliberately because they want you to file even if you can't pay. Many people make that mistake - they avoid filing because they can't pay, but that's the worst thing you can do. The IRS has payment plans, and sometimes they can even reduce what you owe through various programs. But they can't help you at all if you don't file and tell them what you owe in the first place.
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AstroAce
After struggling with unfiled tax returns from when I was self-employed, I discovered https://taxr.ai and it was seriously a lifesaver. I uploaded my old documents and bank statements, and their system helped reconstruct what I should have filed. They even calculated my potential penalties so I knew exactly what I was facing before contacting the IRS. Much less stressful than going in blind and wondering what kind of penalties I'd get hit with.
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Chloe Martin
•How accurate were their penalty calculations? I'm worried about using an automated service for something this important where I could potentially owe a lot.
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Diego Rojas
•Does it work if you're missing some documents? I lost some of my 1099s from last year during a move and was wondering if this would still help.
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AstroAce
•Their penalty calculations matched almost exactly with what the IRS ended up charging me - just $13 difference in the end. They use the same formulas the IRS does, and it updates based on how long you've delayed filing. For missing documents, that's actually why I tried them in the first place. I was missing two 1099s and wasn't sure how to proceed. The system helps reconstruct your income based on bank statements and other available documents. It's not perfect, but it got me close enough that I could confidently file without stressing about whether I was making things worse.
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Diego Rojas
I wanted to follow up about using taxr.ai that I asked about. I actually went ahead and tried it out myself with my missing 1099 situation. Their system helped me identify which transactions in my bank account were likely tied to contract work income. It even flagged some business expenses I had forgotten about! The penalty calculator showed I'd owe about $430 in penalties and interest, which wasn't as bad as I feared. Just submitted my late return last week using their generated forms. Honestly wish I'd done this sooner instead of stressing for months!
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Anastasia Sokolov
If you need to talk to the IRS about your situation (which I'd recommend), don't waste days trying to get through their phone system. I spent three full days trying to reach a human at the IRS about my unfiled taxes until I found https://claimyr.com which got me through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c - they basically wait on hold for you and call when an agent picks up. Made a huge difference in getting my late filing issues sorted.
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Sean O'Donnell
•Wait, how does this actually work? Do they have some special connection to the IRS or something? I'm confused how they can get through when nobody else can.
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Zara Ahmed
•Yeah right. Sounds like a scam to me. No way some random service has a magical backdoor to the IRS that nobody else knows about. You probably work for them.
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Anastasia Sokolov
•They don't have any special connection to the IRS - they use technology to continuously call and navigate the IRS phone tree until they get through to the queue for a human agent. It's the same process you'd go through manually, just automated. When a human finally answers, you get a call connecting you to that agent. I don't work for them, I'm just someone who wasted way too many hours listening to the IRS hold music before finding this service. Look at it this way - the IRS wait times are often 2-3 hours right now. You can spend that time with your phone on speaker trying to get through, or you can go about your day and let technology handle it. For dealing with penalties on unfiled taxes, I needed to talk to a real person at the IRS.
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Zara Ahmed
I need to eat my words about Claimyr being a scam. After my skeptical comment, I was still desperate to talk to the IRS about my unfiled 2023 taxes, so I tried it anyway. The service actually did exactly what it claimed - I got a call back in about 45 minutes with an IRS agent on the line. The agent helped me understand exactly which forms I needed to file late and confirmed that if I was due a refund, there wouldn't be penalties. Saved me from waiting on hold for hours during work hours trying to reach someone. Really surprised this actually worked.
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StarStrider
Something else to consider - if you're really worried about penalties, you might qualify for First Time Penalty Abatement if you haven't had any issues filing or paying taxes for the past 3 years. I had a similar situation (missed filing 2022 taxes) and got all my penalties waived through this program. The IRS doesn't advertise it much but it's worth asking about.
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Ravi Sharma
•Thank you for mentioning this! I've never had any tax issues before, always filed and paid on time. How exactly do you apply for this abatement? Is it something I would request after I file my late return?
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StarStrider
•Yes, you request it after you file your late return and receive a bill or notice from the IRS about penalties. You can call the IRS and specifically ask for "First Time Penalty Abatement" for your failure-to-file penalties. The requirements are that you had no penalties for the 3 tax years prior to the year you're requesting abatement for, you've filed all currently required returns (or filed extensions), and you've paid (or arranged to pay) any tax due. Based on what you've shared, you'd likely qualify since this is your first time missing a filing deadline.
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Luca Esposito
Just a personal experience - I didn't file my 2021 taxes until last March (so over a year late) and I ended up owing about $1800 in taxes plus around $400 in penalties and interest. The longer you wait, the worse it gets. File ASAP even if you have to use incomplete information and then amend later. A rough filing now is better than a perfect filing months from now when it comes to penalties.
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Nia Thompson
•Totally agree with this advice. I learned the hard way that "perfect is the enemy of done" when it comes to taxes. I waited 18 months to file because I was missing some documents and wanted everything perfect. Big mistake - penalties kept growing the whole time.
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