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Todd Spodek (Managing Partner)

Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…

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File Delinquent Tax Returns Lawyers

The Spodek Law Group understands that some people are procrastinators, and forget to file taxes. Some people simply put it off, until it’s too late. 

Eventually the IRS will reach out to you on your failure to file your taxes properly. If you are thinking about not filing, that’s a terrible idea. Eventually you’ll need to file taxes. First, filing taxes later, or not filing them at all – doesn’t absolve you of paying what you owe. You will simply have to pay the original amount, plus the interest. They may even add penalties to it. If you wait too long, the fees can crush you.

If you don’t file taxes, you could be subject to criminal tax prosecution. Hiring a criminal defense attorney to help you file delinquent tax returns can help you. If you are supposed to receive a refund – and you decide to skip filing taxes, you could forfeit that refund. Once a 3 year period passes, you no longer have the right to the refund. Ultimately, the sooner you take care of this issue, the better.

If you’ve made a filing error, or receive a letter from the IRS stating there was an issue in your tax filing/tax payment, could be in a state of fear. You might fear what consequences the error might cause – such as penalties, fine, or tax audit. If you work with an experienced attorney – you can get guidance, and peace of mind. You want to work with an attorney, such as Todd Spodek – at the Spodek Law Group – who can help you understand the risks you face.

Penalties for delinquent tax filings

Individuals who fail to file taxes are subject to fines and penalties. You are obligated to filing back taxes. For example, in 2014, the obligation to file taxes is triggered at just $10,150 in gross income. At this level, most people will have an obligation to file taxes. Unfortunately, unless you make over $50,000 it’s likely you won’t get a refund. Filers who don’t file their taxes cannot get a tax refund. Filing a tax refund is the only way to get your refund back from the government.

Taxpayers have the option to file an automatic extension through form 4868. An extension can only be filed before the taxes are due, and cannot be done retroactively. The extension is just that – an extension. Eventually the taxes must be filed. The point of the extension is that it only provides you with additional time to file your taxes. Payment of at least 90% of taxes is due, in order to avoid a failure to pay penalty.

You could be subject to a failure to file penalty, which is 5% of the unpaid tax amount for every month where tax debt is due. Taxpayer’s also will be subject to a failure to pay penalty. This is less severe than than the failure to file penalty. It’s assessed at 1/2 of 1% for each month, or part of a month, where the obligation to pay was not satisfied.

If your conduct suggests more than a mistake, or error, then criminal tax penalties may be on the table as well. If you intentionally try to evade taxes, then you can be held criminally liable.

Criminal tax penalties usually carry harsh penalties – including a prison sentence.

What can I do to fix back taxes

The exact steps to take cannot be determined unless we assess your situation. If you have straightforward taxes, correcting your past mistakes can be as simple as filing the missing returns. For some taxpayers, filing up to 6 years of returns could be required. You could even get a refund! If you have other tax problems, then the process to fix your issues could be more involved – and require strategic planning. You should speak to a tax professional immediately.

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