Free consultation — call (240) 667-7234 or schedule online →

Unfiled Tax Returns — Maryland, DC & Virginia

Get into compliance before the IRS acts first

Not filing a tax return is different from not paying taxes — and in many ways more serious. Failure to file is a misdemeanor under federal law. If the IRS believes it was willful, it can become a felony. Most people in this situation didn't intend to commit a crime — they fell behind, got overwhelmed, or didn't know they owed — but the legal exposure is real.

The practical consequences compound the legal ones. The IRS can file a Substitute for Return (SFR) on your behalf — but SFRs disallow every deduction you're entitled to, and the resulting bill is often dramatically higher than if you'd filed yourself. Once an SFR is filed, you still have options, but you've lost your chance to file the most favorable version of your return.

How we handle unfiled returns:

  1. We determine how many years need to be filed. The IRS typically requires the last 6 years for compliance, but the specific requirement depends on your situation.
  2. We gather your income information. In many cases we can reconstruct records using IRS transcripts and third-party documentation.
  3. We file the returns in the most favorable way — claiming every deduction and credit you're entitled to.
  4. We negotiate the resulting liability as part of the same resolution process, so you're not left with a clean filing and a new enormous bill.

State considerations: Maryland, Virginia, and DC all have their own failure-to-file rules and penalties. Resolving federal unfiled returns without addressing state returns leaves you exposed. We handle all jurisdictions.

The best time to address unfiled returns is before the IRS contacts you. We can get you into compliance quietly. Once the IRS has already initiated contact, your options narrow and the process becomes more stressful.

Frequently asked questions

Will I be prosecuted for not filing?
Criminal prosecution for failure to file is relatively rare and typically reserved for cases involving large amounts, willful evasion, or repeated non-compliance. That said, the legal risk is real, and the best way to eliminate it is to file. We handle this process carefully.
I don't have my records from those years. Can I still file?
Yes. We can request IRS transcripts that show income reported by employers and financial institutions, which lets us reconstruct returns even without your original documents.
What if I can't pay what I owe after filing?
Filing and paying are separate. We file to eliminate the criminal exposure and stop penalties from compounding, then negotiate the balance through an installment agreement, OIC, or hardship status.
How many years do I need to file?
The IRS generally requires the last 6 years for compliance. Older years may also need to be addressed depending on your specific situation. We determine this during your consultation.
Free consultation

Schedule a free 30-minute consultation. We'll review your situation and explain your options.

Schedule Nowor call (240) 667-7234
Credentials
  • ✓ Attorney (ESQ)
  • ✓ Certified Public Accountant (CPA)
  • ✓ NTPI Tax Fellow®
  • ✓ AICPA Member
  • ✓ Tax Court representation
Service area
  • Maryland (all counties)
  • Washington, DC
  • Virginia (all counties)
  • Federal IRS (nationwide)

Ready to resolve your tax problem?

Schedule a free, no-obligation 30-minute consultation. We'll review your situation and tell you exactly what your options are.