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Posted 09/16/2010 in Bankruptcy and Debt

What To Do Before the October 15th Tax Extension Deadline


What To Do Before the October 15th Tax Extension Deadline

What To Do Before the October 15th Tax Extension Deadline with Unfiled Tax Returns or Back Taxes

Can’t afford to pay your taxes? If you want to save yourself from owing additional back taxes and IRS penalties, you've got until the October 15th tax extension deadline to get the tax help you need from an expert CPA, tax attorney or tax resolution specialist. If you don’t have money to pay the IRS or need help filing delinquent tax returns, know how to avoid IRS problems.

If you filed for an extension to file your tax returns in April, your taxes must be filed by October 15. The worst thing in the world you can do is not file your income tax return on time because you don’t have money to pay what’s owed! Here’s what you need to do, if this is your situation:

File your tax return on or before October 15th and send it in with a money order or cashier’s check for $10.00. This will ensure two hugely important things: 1.) It will take the IRS’s power away to assess a 25% failure to file penalty away, and 2.) it will create a computerized record at IRS that you filed on time and made a good faith and credible effort to pay something.

So, those of your who have been procrastinating better wake up! And for anyone who can’t afford to pay your taxes come April 15th or October 15th – know that you’re not alone. It’s a common problem and a lot of people end up in tax trouble because they don’t file their tax returns on time even with an extension because they don’t have the money to pay.

Here’s what you can do before the October 15 tax extension deadline if you have unfiled tax returns or IRS debt from back taxes:

  • Get a good tax attorney or tax resolution specialist. You are in dangerous waters here where only an expert tax resolution specialist or tax attorney can help you. To get the back taxes help you need, contact a tax attorney or tax resolution specialist. They are on your side. The IRS is not.
  • You need a sense of urgency. If you haven't filed your tax return before the April 15th deadline, you need to file for an extension using Tax Form 4868, Application for Automatic Extension of Time To File U.S. Income Tax Return. Not filing your taxes is the worst thing you can do because you can incur a 25% failure to file penalty right off the top. Failure to file tax returns may be construed as a criminal act by the IRS, punishable by one year in jail and $10,000 for each year not filed.

    If you haven't filed for this year, even after April 15th tax deadline you can still file for a tax extension using tax form 4868. A tax extension provides tax help because it can stop the "failure to file" penalty clock before it reaches the maximum. The penalty is usually 5% of the amount due for each month or part of a month your return is late. The maximum penalty is 25%. If your return is more than 60 days late, the minimum penalty is $135 or the balance of the tax due on your return, whichever is smaller. You might not owe the penalty if you have a reasonable explanation for filing late.

    Get tax help from a tax attorney or tax resolution specialist if you're tempted to file for October 15th tax extension after the April 15th deadline has passed. Only a tax attorney or tax resolution specialist can give you the tax help you need.

  • You need to whip out your checkbook, even if you can only pay $5. The bad news is that even taxpayers who received a tax extension for filing are not granted more time for the payment of taxes owed and may need income tax relief.

    If you fail to pay your back taxes due, you will incur additional penalties for "failure to pay". Any tax attorney will tell you that to avoid back tax penalties and interest, ideally you should pay 90% of your estimated taxes when you file your tax form 4868 on April 15th. To avoid additional back tax penalties, taxpayers should file by the deadline and pay as much as they can. You will still have a failure to pay penalty, but it's much less.

    Our tax attorneys tell our tax relief clients that no matter how much is owed, if they enclose a check for $5 or $10 for back taxes with the return and file it on time, that’s going to give them tax help instantly because:


    1) Filing cuts down on the failure to file penalty, so you take that 25% penalty off the table.

    2) Writing a check for your back taxes creates a record at IRS that says you actually filed on time and they have to post that $5 or $10 back taxes check to your account.
  • You need to discover quickly whether you owe the IRS more back taxes or you're due for a refund. If you overestimated your back taxes in April and paid the IRS too much, then you'll get a tax refund as soon as you file your full 1040 tax return, hopefully long before the October 15th tax extension deadline.
  • You may need tax software to discover your IRS debt from back taxes. By October all those discounted tax software boxes offering tax help will be long gone. A tax attorney and tax resolution specialist will have the software you need going back a decade to calculate both state and federal taxes. If you owe back taxes for more than one year, a good tax attorney or tax resolution specialist may be your only shot at getting the tax help you need.
  • You need to get your paperwork in order. Filing an October 15th tax extension means you have more time to collect the final paperwork you need. If you have been the victim of a financial crime, a good tax attorney can go back and file amended returns that can drastically improve your back taxes problem.
  • You need to act quickly or the IRS will. If you don't file a tax return by the October 15th tax extension deadline, the IRS may file one for you. If you don't get tax help from a tax attorney, the IRS may prepare a "Substitute For Return" for delinquent taxpayers. It's important to file a tax return as well as any prior delinquent tax returns as soon as possible to save money and avoid significant long-term consequences. Get professional tax help from tax attorney so that you get all the tax relief you're allowed.
  • If you owe back taxes for more than one year, all your prior tax returns must be filed to be eligible for income tax relief. All back tax returns must be filed before the IRS will entertain any type of tax settlement.
  • You need to realize that this is your last chance. Can you file for an extension past the October 15th tax deadline extension? Not a chance. The IRS will occasionally extend an extension beyond October 15th for a class of people who have suffered a natural disaster. If your home wasn't destroyed by a hurricane, then your chances of getting a tax extension beyond October 15th are about the same as winning the lottery.
  • The good news is that with an experienced and professional tax attorney or tax resolution specialist, you have a real hope of resolving your back taxes and IRS problems if you act now. I believe there's tax help for every problem. For a delinquent taxpayer, it's never too late to resolve your tax debt and avoid IRS penalties.

    For more information on achieving a tax resolution for your unfiled tax returns or back taxes, visit www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.

    Michael Rozbruch, one of the nation's leading tax experts, is a Certified Tax Resolution Specialist (CTRS), licensed CPA in the state of Maryland and the founder of Tax Resolution Services (http://www.taxresolution.com). He teams up with an expert staff of tax attorneys, CPAs, and tax relief professionals to help individuals and small businesses solve their IRS problems with tax liens, unfiled back taxes, offers in compromise, wage levies, tax relief, delinquent returns, tax debt installment plans, bankruptcy and protecting an innocent spouse from unfair tax burdens.


    [Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]

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