If you’ve fallen behind on filing your tax returns, one of your first questions is likely: “How many years do I have to go back and file?”The IRS doesn’t expect you to file forever — but it does expect you to get compliant. Generally, the IRS requires at least six years of tax returns to be filed to restore “good standing.”
📘 Official IRS References: Filing Past-Due Tax Returns — IRS
IRS General Rule: Six Years of Filing Compliance
Under IRS Policy Statement 5-133, the IRS typically requires individuals to file the most recent six years of tax returns to be considered in compliance.
What if the IRS owes you a refund?
You can only claim a tax refund for returns filed within three years of the original due date. After this three-year period, any unclaimed refund money is forfeited to the U.S. Treasury.
What Happens If You Don’t File at All?
Failing to file can lead to aggressive IRS enforcement, including Substitute for Return (SFR) assessments, liens, or levies.
How a Tax Attorney Can Help With Unfiled Years?
When you’re dealing with multiple unfiled years, a tax attorney can design a strategy that protects you legally and financially.
| Attorney Role | How They Help |
|---|---|
| Transcript Analysis | Pulls IRS Wage & Income Transcripts for up to 10 years to identify which years are unfiled |
| Strategic Year Selection | Determines which years must be filed under IRS policy and negotiates compliance terms |
| Penalty Relief | Requests First-Time Abatement (FTA) or Reasonable Cause Relief for older penalties |
| Representation During Enforcement | Prevents levies and liens while filings are being corrected |
| Voluntary Disclosure | Safely reports offshore or high-risk income without triggering criminal exposure |
💡 In short: A tax attorney ensures you file exactly what’s needed — not more — and negotiates directly with the IRS to minimize risk.
📘 References: Form 2848 — Power of Attorney
Need help with a similar issue? Contact our firm today for a consultation.
The IRS doesn’t expect perfection — it expects compliance. Filing your most recent six years is often enough to get back on track, but knowing when (and how far) to go back can save you thousands in penalties and stress.
If you’re unsure how many years to file, contact Pelham PLLC today. Our experienced tax attorneys can retrieve your IRS transcripts, identify missing returns, and negotiate directly with the IRS to bring you into full compliance — safely and efficiently.
FAQs
What’s the minimum number of years I must file to be compliant?
Usually six years, per IRS Policy Statement 5-133.
What if the IRS already filed for me?
You can file your own accurate return to replace the Substitute for Return (SFR) and lower your balance.
How far back can I claim refunds?
Only for the last three years — older refunds are permanently forfeited.
What happens if I don’t file at all?
The IRS may assess your income using SFRs, issue liens or levies, and pursue enforcement without further warning.
