There is a famous saying that there are two things that are certain in life: death and taxes. While we all understand the need to pay our share, sometimes unforeseen life events can make it hard. Missing one year’s payment can easily snowball into missing for several years until you are afraid to even try to fix the problem.

When you put your trust in the Birk Law Firm, you will get help from a highly skilled unfiled tax return attorney in Cape Girardeau, MO. Kelvin Birk is a Certified Public Accountant and an experienced lawyer who can guide you through paying what you owe and reducing your risks. Contact us to schedule a consultation to put your mind at ease.

Why Turn to Birk Law Firm When You Have Unfiled Tax Returns?

Not many attorneys are also trained as accountants. Understanding the law and understanding taxes are equally demanding on their own, but Kelvin Birk can look at all issues from both legal and financial angles. He can thoroughly examine how best to help you return to good standing with the Internal Revenue Service (IRS) and avoid any unnecessary penalties.

Divorce, bankruptcy, and family deaths can all complicate your ability to file your taxes on time. Kelvin Birk handles cases in all these areas, as well as all aspects of family law, agricultural law, and business taxes. No matter whether you are facing a personal or company tax return issue, our firm is your premier choice for help.

How an Unfiled Tax Return Lawyer in Cape Girardeau, MO, Can Help You

If you have avoided filing your tax returns, you could be facing additional fees when you do file. You could be scheduled for an audit or investigation and not know it. Our team can review your past filing information and determine if federal or state agencies are pursuing any action against you.

Your lawyer can work with these agencies to create a payment plan and establish a strategy that includes penalty abatement. Kelvin Birk understands that careful planning and effective execution give you the best chance at receiving favorable tax treatment. He gets to know each client one-on-one so he can provide superior guidance.

Unfiled Tax Returns Are More Serious Than Unpaid Taxes

Even though you may have a perfectly justifiable reason for not filing your taxes, the IRS does not know your situation because you have not given them the one thing they rely on: your return. Without it, they may see your failure to file your returns as an attempt to evade paying taxes. Since this is a crime that carries time in prison, you are literally risking your freedom by not filing.

When you owe unpaid taxes, you must pay them, along with any applicable fines and fees. There are a number of measures the IRS will take to get what you owe, and few of them are pleasant.

However, with unfiled returns, especially for multiple years, the penalties are much worse. The IRS can even file a Substitute For Return (SFR) on your behalf. This allows them to put a levy against your bank account for the unpaid tax and even place a lien on any property you own. For federal taxes, you can be charged with a misdemeanor, sentenced to a year in prison, and pay as much as $25,000 in fines for every year you did not file.

More About the Substitute for Return (SFR)

The IRS will file an SFR for its own use about two years after your original tax return was due. It is automated and relies on information from third parties, such as your employer. If you are self-employed, this can be really bad for you.

The SFR is calculated in the best interests of the government, so you will only be given standard deductions for your spouse and children, business expenses, the cost of real estate sales, and other available information. The IRS does not need your approval to file the SFR, since they assume you would have filed your return if you wanted a say-so.

Unfiled Returns Cause Big Problems With the IRS

There are many reasons why you may have missed filing your taxes on time. However, letting it go on year after year is a recipe for disaster when it comes to working with the IRS. Regardless of why you did not file a return, we recommend you contact us to start resolving the issue as soon as possible. If you delay, you can face significant problems, such as:

  • Bankruptcy will not help: If the IRS has to file an SFR, it could prevent you from wiping out the delinquent taxes by declaring bankruptcy.
  • Tax penalties: The IRS will charge a late fee that amounts to 5.5% of what you owe, which is assessed at that rate for every month you fail to pay.
  • Refund issues: If you were due a refund, it could be delayed, reduced, or forfeited completely.
  • Criminal charges: Although rare, you can receive a year in prison for every year you did not file a return, up to a total of five years.

Failing to file puts you at greater risk of being audited in the future. Also, the IRS has up to 10 years to collect its debts. This means that for every year you delay filing, you are giving them more time to come after you for penalties.

As a skilled Cape Girardeau, MO, unfiled tax return attorney, Kelvin Birk will work to help you reduce the negative effects of your actions. Call today at 573-332-8585 to discuss your case.

Getting Back on Track with an Unfiled Tax Return Lawyer

The good news is that your problems can be addressed and corrected with the help of the Birk Law Firm. You have the right to file your original return no matter how late it is, but you do not want to go it alone. It will be crucial to have legal representation from someone who also understands the tax code and how to use it to your advantage.

It can be scary to learn what the IRS can do to you for unfiled tax returns, but Kelvin Birk will set your mind at ease. For example, you will only be charged with a crime for an unfiled return if it is over six years late. You can still face civil penalties, such as fines, liens, and levies, but you have a chance to avoid these if you file before the IRS contacts you.

You can take several steps to set your record straight with the IRS. Some actions we will discuss with you include:

  • SFR reconsideration: You can file a regular tax return to replace an SFR that was filed by the IRS. Filing a reconsideration request will ask them to update the return with the information you provide when you file.
  • Extension request: If you find yourself not ready to file your return by Tax Day, you can request an extension to file later. If you owe taxes, they are still due on the original date, but you can discuss a payment plan for those. Late returns are better than unfiled returns.
  • Penalty relief: For a first-time penalty, you can ask that it be waived. You can also request this if you have a reasonable cause for not filing on time. Using an experienced tax attorney like Kelvin Birk can greatly benefit you in this situation.
  • Payment plan: If you owe taxes when you file your late return, you can ask for a payment plan that may consist of an extension or installment payments.
  • Offer in Compromise: If you cannot pay the full amount of your tax debt, you can make an Offer in Compromise. You will need to negotiate a smaller amount that the IRS accepts in lieu of full payment.

Going up against the IRS by yourself leaves you vulnerable to their codes, penalties, and familiarity with the process. The U.S. tax code is extremely confusing, and it is easy to get overwhelmed when trying to straighten out your returns.

Fortunately, you can contact a top-notch Cape Girardeau, MO, unfiled tax return lawyer for experienced guidance. Kelvin Birk and his team will listen to your story and develop a customized strategy for your unique circumstances.

Contact the Birk Law Firm for Help with Your Unfiled Tax Return

The IRS is in business to collect taxes and punish those who do not pay. Kelvin Birk is in business to help taxpayers protect their income and assets from unfair treatment by the IRS. We know that you want to set things right with your returns. We are ready to provide personalized and compassionate service for you.

Instead of facing unfiled tax return legal concerns on your own, turn to our unfiled tax return attorney in Cape Girardeau, MO, Kelvin Birk at the Birk Law Firm. We are small by choice, so we can focus more time and attention on each client. Contact us now online or by calling 573-332-8585 to learn more about how we can help you today.


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


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