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Owing money to the IRS can become increasingly difficult if the balance remains unresolved. Penalties and interest may continue to increase the amount owed, and prolonged nonpayment can eventually lead to IRS collection activity.
The good news is that owing back taxes does not necessarily mean the entire balance must be paid immediately. Depending on the taxpayer's financial circumstances, amount owed, filing history, and other factors, several IRS payment and resolution options may be available.
Understanding how much you owe, why you owe it, and where your account stands in the IRS collection process is an important first step.
"Back taxes" generally refers to taxes from a prior period that remain unpaid.
A federal tax balance may result from:
Filing a tax return without paying the full amount due
Underwithholding from wages
Insufficient estimated tax payments
Self-employment income
IRS adjustments to a previously filed return
An IRS examination or audit
Unreported or incorrectly reported income
Penalties and interest
Business or payroll tax liabilities
A taxpayer may owe for a single tax year or have balances covering several years.
An unpaid IRS balance may increase because of applicable penalties and interest.
Depending on the circumstances, the IRS may assess penalties related to:
Failure to file
Failure to pay
Underpayment of estimated taxes
Accuracy-related issues
Certain other filing or payment failures
Interest generally accrues on unpaid federal tax liabilities as provided by law.
This means that ignoring a tax balance can make the problem more expensive over time.
Before choosing a resolution strategy, determine the amount actually owed.
Taxpayers should review:
Tax years with outstanding balances
Original tax assessed
Penalties
Interest
Payments and credits
IRS adjustments
Collection notices received
Returns that may still be unfiled
IRS account information and tax transcripts can help identify how a balance developed and what activity has occurred on the account.
Not necessarily.
Before entering into a payment or settlement arrangement, taxpayers should confirm that the underlying liability is accurate.
Potential problems can include:
Missing payments
Payments applied to the wrong tax year
Incorrect IRS adjustments
Unprocessed amended returns
Incorrect income information
Identity theft
Duplicate assessments
Other account-processing issues
If the amount appears incorrect, the underlying problem may need to be addressed before selecting a collection alternative.
When a federal tax balance remains unpaid, the IRS may begin its collection process.
Taxpayers may receive a series of notices requesting payment. If the liability remains unresolved, collection activity can potentially progress to:
Additional collection notices
Federal tax liens
Notices of intent to levy
Bank levies
Wage levies
Other enforcement actions
The specific collection process varies depending on the taxpayer's account and circumstances.
Resolving the problem earlier generally provides more time to evaluate available options.
Several alternatives may be available depending on eligibility.
An installment agreement allows qualifying taxpayers to make monthly payments toward their IRS balance.
Different types of installment agreements may be available depending on the amount owed and the taxpayer's financial circumstances.
An Offer in Compromise (OIC) may allow certain taxpayers to settle an IRS liability for less than the full amount owed.
The IRS generally evaluates the taxpayer's ability to pay based on factors such as income, expenses, assets, and equity.
An Offer in Compromise is not available simply because a taxpayer would prefer to pay less.
Taxpayers experiencing significant financial hardship may potentially qualify for Currently Not Collectible (CNC) status.
When an account qualifies, the IRS generally suspends active collection while the taxpayer remains unable to pay without creating qualifying financial hardship.
The underlying debt remains, and interest and applicable penalties may continue to accrue.
Some taxpayers may qualify for relief from certain IRS penalties.
Possible relief may include:
First Time Abatement
Reasonable cause relief
Correction of improperly assessed penalties
Other available administrative relief
Penalty relief generally does not eliminate the underlying tax liability.
Multiple years of unpaid taxes require a broader review.
Before establishing many IRS collection arrangements, taxpayers generally need to address outstanding filing requirements.
A review may therefore involve determining:
Which tax returns have been filed
Which returns remain unfiled
The balance for each tax period
Whether IRS substitute returns were prepared
Whether prior assessments are accurate
The taxpayer's current ability to pay
Once the account is understood, an appropriate resolution strategy can be evaluated.
Unfiled returns and unpaid taxes frequently occur together.
If required tax returns have not been filed, addressing those filing obligations is often an important part of becoming compliant and obtaining a long-term collection resolution.
Taxpayers should generally avoid guessing at what they owe based only on IRS collection notices. Preparing missing returns may significantly change the overall account picture.
Business tax liabilities can involve additional collection concerns.
Examples include:
Payroll taxes
Employment taxes
Business income taxes
Penalties
Certain trust fund liabilities
Payroll tax debt can be particularly serious because the IRS may investigate whether individuals responsible for collecting and paying employment taxes can be held personally liable for certain unpaid trust fund taxes.
Business owners facing payroll or employment tax liabilities should address the issue promptly.
Federal tax collection is subject to statutory time limitations.
The IRS generally has a limited period to collect an assessed tax liability, but calculating the applicable collection expiration date can be complicated.
Certain events can suspend or extend the collection period.
For this reason, taxpayers should not assume that a tax debt will simply disappear after a specific number of years without reviewing the account history.
The appropriate approach depends on the taxpayer's financial situation.
Someone who can reasonably pay the liability may have different options from someone who cannot meet necessary living expenses while paying the IRS.
A proper evaluation may consider:
Total IRS debt
Monthly income
Necessary living expenses
Bank balances
Real estate equity
Vehicles
Investments
Retirement assets
Business interests
Other liabilities
Remaining IRS collection period
These factors can affect whether a payment plan, Offer in Compromise, Currently Not Collectible status, or another strategy may be appropriate.
Advertisements sometimes suggest that taxpayers can automatically settle IRS debt for a small percentage of what they owe.
IRS settlement programs do exist, including the Offer in Compromise program, but qualification is based on specific financial and legal criteria.
No legitimate tax professional can determine that a taxpayer qualifies for a particular settlement amount without reviewing the relevant facts.
Taxpayers should understand the requirements before paying a company promising unrealistic tax debt reductions.
Professional assistance may be appropriate when:
A substantial amount is owed
Several tax years are involved
Tax returns remain unfiled
The IRS balance appears incorrect
A lien or levy has been threatened
A bank or wage levy has occurred
Business or payroll taxes are involved
The taxpayer cannot afford the IRS's proposed payment
An Offer in Compromise is being considered
Previous attempts to resolve the account have failed
An authorized tax professional may be able to review IRS account records, communicate with the IRS, evaluate collection alternatives, and represent the taxpayer in qualifying matters.
Our IRS Tax Debt & Back Taxes Resource Center provides educational guides covering:
Understanding IRS Tax Debt
Checking IRS Account Balances
IRS Payment Plans
Installment Agreements
Offer in Compromise
Currently Not Collectible Status
IRS Penalty Abatement
IRS Tax Liens
IRS Levies
Unfiled Tax Returns
IRS Collection Statute of Limitations
Business and Payroll Tax Debt
The right solution depends on the taxpayer's particular tax liability, financial circumstances, filing compliance, and stage of IRS collection.
You may also find these resources helpful:
IRS Notice Resources
Balance Due & Tax Debt Notice Resources
IRS Collection Notices, Liens & Levies
IRS Payment Plan Resources
Offer in Compromise Resources
Currently Not Collectible Resources
IRS Penalty Abatement Resources
Unfiled Tax Return Resources
IRS Audit Resources
This article is provided for educational purposes only and should not be considered legal or tax advice. IRS collection procedures and tax debt resolution options depend on each taxpayer's individual facts, financial circumstances, filing compliance, and applicable tax law.