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Substitute For Returns

If you have not filed an income tax return for a given year, the IRS may very well file one for you.  This is called a Substitute Return.  It has several purposes, not the least of which is to bring you to your knees and force you to file.  A substitute return is collectible by the IRS but does not start a collection statute of limitations clock ticking.  Therefore, until you file the actual signed return, the IRS has until the end of time to collect against the substitute return.  The following steps are necessary:

  • File all returns due whether you can pay them or not.  A substitute return will be for only 1 exemption, single or married filing separate, and give you no deductions except the standard deduction.  Most times, a real return will result in lower tax liability than a substitute return.

  • When you receive acknowledgement from the IRS that they have processed your return, it has been assessed.  Consider getting professional help for ridding yourself of the IRS problem permanently.

  • If you owe a balance after you file your own returns, the IRS will proceed with enforced collection action including lien, levy, seizure, whatever it takes to make you miserable.  This process can be avoided by being proactive and knowing the next step to get clean.  This will be getting classified as temporarily uncollectible, setting up an installment agreement, filing an offer in compromise, waiting until the tax is dischargeable in Chapter 7 Bankruptcy, (2-4 years after filing), or waiting until the statute of limitations to collect expires (10 years after assessment, generally).

 
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