What are the Penalties for Not Filing Income Tax for Years in Texas?
Texas is one of seven states that does not require its citizens to pay personal income tax. In fact, the Texas constitution specifically mandates that there be no income tax levied by the state government. If you are a citizen of Texas and have not filed an income tax return in several years then you will only be liable for penalties associated with failure to file a federal income tax return. These penalties may include fines for failure to file, fines for unpaid back taxes and jail time.
Texas Income Tax Law
Article 7 of the Texas Constitution says the state may not collect personal income tax from its citizens, barring majority approval of a statewide referendum on amending the constitution. There is thus no need for you to have filed a state income tax return.
Unpaid Federal Taxes
There isn't a statute of limitations on paying federal taxes, so you will be liable for paying all back taxes due to the federal government.
Federal Failure-to-File Penalties
You will be assessed a failure-to-file penalty for each federal tax return you did not file in previous years. Any tax return that reaches the IRS more than 60 days late is assessed a penalty of either $100 or 100 percent of the remaining tax balance, whichever is less.
Federal Failure-to-Pay Penalties
The Internal Revenue Service (IRS) also assesses a failure-to-pay penalty for each tax year in which you didn't file a return. The failure-to-pay penalty for each unfiled return is calculated by multiplying the number of months your payment has been delinquent by 0.5 percent, and then multiplying that total by the amount of unpaid tax that was due in the year in question. The failure-to-pay penalty can not be more than 25 percent of your unpaid tax bill for the year.
Criminal Prosecution
You may be subject to criminal prosecution if you haven't filed a federal income tax return in several years. Section 26:7202 of US Code indicates that any person who willfully fails to pay income tax may be convicted of a felony, must pay a fine that can total up to $10,000 and may be imprisoned for a term of up to five years.
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