What happens if you forgot to file a w2 on your tax return

  • English
  • Español
  • 中文 (繁體)
  • 한국어
  • Русский
  • Tiếng Việt

If you haven’t filed your federal income tax return for this year or for previous years, you should file your return as soon as possible regardless of your reason for not filing the required return. If you need help, check our website. We have tools and resources available, such as the Interactive Tax Assistant (ITA) and FAQs.

If you're not sure whether you're required to file a return, visit Do I Need to File a Tax Return or refer to Publication 17, Your Federal Income Tax (For Individuals). If you're required to file and owe a balance, but you can't pay all the tax due on your return, the IRS may be able to help you establish a payment agreement. For additional information on tax payment options, refer to Topic No. 202.

If your return wasn't filed by the due date (including extensions of time to file):

  • You may be subject to the failure-to-file penalty, unless you have reasonable cause for your failure to file timely.
  • Tax not paid in full by the original due date of the return (regardless of extensions of time to file) may also result in the failure-to-pay penalty, unless you have reasonable cause for your failure to pay timely, or the IRS has approved your application Form 1127, Application for Extension of Time for Payment of Tax Due to Undue Hardship.
  • Interest is charged on taxes not paid by the original due date, even if you have an extension of time to file or pay. Interest is also charged on penalties.
  • There's no penalty for failure to file if you're due a refund. However, you risk losing a refund altogether if you file a return or otherwise claim a refund after the statute of limitations has expired. An original return claiming a refund must be filed within 3 years of its due date for a refund to be allowed in most instances. After the expiration of the three-year period, the refund statute prevents the issuance of a refund check and the application of any credits, including overpayments of estimated or withholding taxes, to other tax years that are underpaid. However, the statute of limitations for the IRS to assess and collect any outstanding balances doesn't start until a return has been filed. In other words, there's no statute of limitations for assessing and collecting the tax if no return has been filed.

Page Last Reviewed or Updated: 18-Oct-2022

File all tax returns that are due, regardless of whether or not you can pay in full. File your past due return the same way and to the same location where you would file an on-time return. 

If you have received a notice, make sure to send your past due return to the location indicated on the notice you received.

Why You Should File Your Past Due Return Now

Avoid interest and penalties

File your past due return and pay now to limit interest charges and late payment penalties.

Claim a Refund

You risk losing your refund if you don't file your return. If you are due a refund for withholding or estimated taxes, you must file your return to claim it within 3 years of the return due date. The same rule applies to a right to claim tax credits such as the Earned Income Credit.

We hold income tax refunds in cases where our records show that one or more income tax returns are past due. We hold them until we get the past due return or receive an acceptable reason for not filing a past due return.

Protect Social Security Benefits

If you are self-employed and do not file your federal income tax return, any self-employment income you earned will not be reported to the Social Security Administration and you will not receive credits toward Social Security retirement or disability benefits.

Avoid Issues Obtaining Loans

Loan approvals may be delayed if you don't file your return. Copies of filed tax returns must be submitted to financial institutions, mortgage lenders/brokers, etc., whenever you want to buy or refinance a home, get a loan for a business, or apply for federal aid for higher education.

If You Owe More Than You Can Pay

If you cannot pay what you owe, you can request an additional 60-120 days to pay your account in full through the Online Payment Agreement application or by calling 800-829-1040; no user fee will be charged. If you need more time to pay, you can request an installment agreement or you may qualify for an offer in compromise.

What If You Don’t File Voluntarily

Substitute Return 

If you fail to file, we may file a substitute return for you. This return might not give you credit for deductions and exemptions you may be entitled to receive. We will send you a Notice of Deficiency CP3219N (90-day letter) proposing a tax assessment. You will have 90 days to file your past due tax return or file a petition in Tax Court. If you do neither, we will proceed with our proposed assessment. If you have received notice CP3219N you can not request an extension to file. 

If any of the income listed is incorrect, you may do the following:

  • Contact us at 866-681-4271 to let us know.
  • Contact the payer (source) of the income to request a corrected Form W-2 or 1099.
  • Attach the corrected forms when you send us your completed tax returns.

If the IRS files a substitute return, it is still in your best interest to file your own tax return to take advantage of any exemptions, credits and deductions you are entitled to receive. The IRS will generally adjust your account to reflect the correct figures.

Collection and Enforcement Actions

The return we prepare for you (our proposed assessment) will lead to a tax bill, which, if unpaid, will trigger the collection process. This can include such actions as a levy on your wages or bank account or the filing of a notice of federal tax lien.

If you repeatedly do not file, you could be subject to additional enforcement measures, such as additional penalties and/or criminal prosecution.

Help Filing Your Past Due Return

For filing help, call 800-829-1040 or 800-829-4059 for TTY/TDD. 

If you need wage and income information to help prepare a past due return, complete Form 4506-T, Request for Transcript of Tax Return, and check the box on line 8. You can also contact your employer or payer of income.

If you need information from a prior year tax return, use Get Transcript to request a return or account transcript.

Get our online tax forms and instructions to file your past due return, or order them by calling 800-TAX-FORM (800-829-3676) or 800-829-4059 for TTY/TDD. 

If you are experiencing difficulty preparing your return, you may be eligible for assistance through the Volunteer Income Tax Assistance (VITA) or the Tax Counseling for the Elderly (TCE) programs. See Free Tax Preparation for Qualifying Taxpayers for more information.

Already Filed Your Past Due Return

If you received a notice, you should send us a copy of the past due return to the indicated address.

It takes approximately 6 weeks for us to process an accurately completed past due tax return.

Toplist

Latest post

TAGs