Louisiana Jury Instruction - Failure To File Tax Return
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FAQ
Willful failure to file a tax return is a misdemeanor pursuant to IRC 7203. In cases where an overt act of evasion occurred, willful failure to file may be elevated to a felony under IRC 7201. If you are charged with a criminal tax violation, the punishment can be severe and may include fines and jail time.
There's no penalty for failure to file if you're due a refund. However, you risk losing a refund altogether if you file a return or otherwise claim a refund after the statute of limitations has expired.
If both a Failure to File and a Failure to Pay penalty are applied in the same month, the Failure to File penalty is reduced by the amount of the Failure to Pay penalty for that month, for a combined penalty of 5% for each month or part of a month that your return was late.
The law requires you to file every year that you have a filing requirement. The government can hit you with civil and even criminal penalties for failing to file your return.
To have a penalty removed (abated), you'll need to call or write the IRS. You may be able to get a penalty removed simply because you haven't had any IRS penalties charged in the last three years. This option, known as first-time abatement, is available for failure to file and failure to pay penalties.
Additionally, you have to consider the state you live in. For example, if you live in California, they have a legal right to collect state taxes up to 20 years after the date of the assessment!
The IRS has general filing requirements for most taxpayers. Even if no tax is owed, most people file a return if their gross income is more than the automatic deductions for the year. The primary automatic deduction is the the standard deduction. Its amount will depend on your filing status and age.
Regardless of how much you owe or if you owe anything at all, failure to file entirely could be construed as tax evasion. Tax evasion is a felony which carries a maximum sentence of up to five years and $250,000 in penalties.