For most people, paying taxes is straightforward. You get a paycheck from your employer and the employer has already deducted the amount you owe to the IRS. When it comes time to file your tax return, the discrepancy between what you owe and what you already paid might be minimal. You might have to cut a check to the IRS, but it’s fairly manageable. However, if you get a 1099 or you had other income where taxes weren’t taken out ahead of time, the amount you wind up owing come tax time might come as a shock. What now? What’s the best course of action if you can’t pay your taxes?
How the IRS Views the Situation
The IRS has a stern but understanding view of taxpayers who can’t pay their tax liability. As long as you are a taxpayer who is trying to be honest and upstanding, you probably won’t be in legal trouble. It’s only those who willingly try to defraud the government of their due taxes who face criminal charges.
If you find that you are unable to pay your taxes there are provisions in place for such a scenario. However, the IRS does expect you to apprise them of your situation so that a solution can be put into place.
Steps to Take if You Can’t Pay Your Taxes
The first thing you should do is file your tax return anyway. Even if you can’t pay your taxes, the IRS expects you to file your tax return on time, whether by the initial filing date or by the extension deadline. (Be aware, though, that even if you file for an extension, you’re still expected to pay by the initial due date.)
When you pay later than the initial filing deadline, you’ll be on the hook for penalties and interest charges. Therefore, if you can only pay a small amount of the taxes you owe, that’s better than paying nothing. That way, you’ll pay less in interest.
You should also contact the IRS directly if you find yourself unable to pay your taxes. Ordinarily, you can call the IRS on their 800 number. Once you get through, you can request a payment extension or ask to be put on an installment plan. If this is the first time something like this has happened, the IRS may even waive a penalty charge. You should know that if you fall through on the payment plan, you may get dinged with the penalty after all, as well as accrue more interest charges.
If you are offered an installment plan, take it. Paying taxes on an installment plan doesn’t ruin your credit or cause any negative reporting against you. The only way an installment plan can hurt you is if you don’t hold up your end of the bargain.
Don’t feel like you should take the “high road” and try to save up so you can make a lump sum payment by the time your extension deadline comes up. This is a mistake that many taxpayers make, and it invariably causes more problems. If you think you’ll be able to make the payment by the extension deadline and then can’t do it, you’ll incur more interest, plus the penalty, plus the wrath of the IRS for not contacting them to begin with.
Ramifications of Not Paying Taxes
If you don’t take a proactive approach to your tax payment problem, the situation could turn even more serious. Technically, the IRS is within its legal right to file criminal charges. This is isn’t commonplace, but it does happen in certain situations.
What is commonplace is for the IRS to garnish your wages. If your taxes go unpaid, the IRS will contact your employer directly with a garnishee order. Your employer will be forced to withhold money from your paycheck that will go toward back taxes. The worst thing is, there’s no limit to how much the IRS can ask to be withheld. Theoretically, you could be left with a paycheck less then ten dollars. The IRS doesn’t take responsibility for how you’re supposed to pay your bills after a paycheck garnish order.
This can all be avoided by simply contacting the IRS to let them know your situation. As long as you do everything in your power to get your taxes paid and adhere to the installment payment agreement, then you’ll likely be okay.
Remember, keep copies of all your correspondence to and from the IRS. When your back taxes are paid off, you’ll receive a written notice from the IRS, which you should keep in your permanent files.
How to Avoid This Situation Next Year
If you were unable to pay your taxes by the deadline, take a good hard look at why this happened. If you’re self-employed, you should have been making quarterly tax payments on your income all during the year. Ask your CPA how to do this if you are unsure how to do it.
If your W-2 employer hasn’t been taking enough out of each of your paychecks, maybe you’re claiming too many exemptions. You might want to file a new W-4 form so you have the proper amount taken out.
Whatever the reason, it’s very important that you don’t repeat the mistake in the future. If the IRS starts to see a pattern, they may look at it like tax evasion instead of a simple case of not having enough to pay when it’s due.
Talk to your CPA about your tax payment difficulties as soon as you become aware of it. Together you can come up with a solution that will help you avoid having the situation occur again in the future.