24/7 call for a free consultation 212-300-5196




When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Non-Filed Tax Return Lawyer

Non-Filed Tax Return Lawyer

The US Federal government subjects taxpayers to extremely strict reporting requirements.  Among the most basic and important of these reporting requirements is the simple filing of an annual income tax return.  Should you fail to meet that single requirement, you risk exposing yourself to rather costly penalties.  You could even be subject to criminal charges. Nonetheless, while it is critical that you take steps to correct delinquencies and deficiencies as quickly as possible, you also should not rush into the process with no guidance from an experienced non-filed tax return lawyer and CPA who can assist you in  minimizing your liabilities, avoiding disputes with the IRS, and reducing any additional penalties that you may owe.

The CPA lawyers at our firm serve our clients more than 20 years of dedicated legal and financial experience.  To arrange for your initial consultation with a non-filed tax return attorney, call our offices today!

What’s the Difference between Non-Filed Tax Return and. Failure to Pay?

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

At first blush, these two phrases appear to be almost interchangeable.  This is a common misconception. In fact, the failure to file and the failure to pay are actually two separate matters.  This distinction is critical primarily due to the fact that it means that each failure can result in a unique, separate set of penalties.  The IRS will even tell you that the failure-to-file penalty is customarily the harsher of the two.  Therefore, they place higher priority on filing prior to arranging any kind of payment plan.

In general, a failure-to-file penalty comes into play when you miss the filing deadline, while a failure-to-pay penalty applies when you don’t make the payment deadline.  This explanation may seem pretty straightforward, but the regulations are sometimes far more complex in situations where extended deadlines apply.

For instance, the failure-to-file penalty would not be applicable if you ask for a filing extension prior to the original due date for your return.  That said, if you request an extension and then you fail to pay a minimum of 90% of your liability by the original due date, you could still get assessed a failure-to-pay penalty.  For you to avoid a failure-to-pay penalty, you would have to pay at least 90% of your liability by the original due date, and then you will need to pay any outstanding balance which remains by the extended due date.

With regards to deadlines, it is also critically important to bear the statute of limitations in mind.  Although the statute customarily places a firm time limit on the window for legal proceedings, in this context, the countdown starts once a return is actually filed.  The effect of this is that non-filed returns would not be subject to any statute of limitations — which means you don’t have the option to “wait it out.”

Monetary Penalties for Late Filing or Late Payment

The late filing penalty is 5% of your unpaid taxes for every full or partial month that a return was late, with a limit of 25%.  However, should you be delinquent by more than 60 days, after either the original date or the extended date, the minimum penalty would be either 100% of the unpaid tax, or a flat fee of $135 — whichever amount is lower.

If you neglect to pay by the due date, you could be fined half of 1% of your unpaid taxes for every full or partial month beyond the payment deadline.  As with the late filing penalty, the maximum is 25% of your total unpaid taxes.

Interestingly, should both a failure-to-pay and failure-to-file penalty be applicable during the same month, the delinquent payment penalty actually reduces the delinquent filing penalty.  This would normally be 5%.  If you can successfully show  the IRS that you were late on a filing or payment due to a reasonable cause, and you didn’t deliberately and willfully neglect to file, it is possible that you could avoid being assessed any failure-to-file or -pay fines. Ultimately, this is contingent on a determination made by the IRS, which means that having an seasoned tax lawyer and CPA guiding and representing you can increase your odds of avoiding penalties.

Is The Failure to File a Tax Return a Criminal Offense?

We would be remiss not to point out that if your non-compliance is determined to be a case of willful neglect, you could be looking at serious criminal tax charges.  According to 26 U.S. Code § 7203, “Any person required… to pay any estimated tax or tax, or required… to make a return, keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $25,000 ($100,000 in the case of a corporation), or imprisoned not more than 1 year, or both, together with the costs of prosecution.”

Simply put, a willful failure could cost you $25,000, a year in behind bars, and a lasting criminal record.

Don’t wait until it’s already too late to repair your situation and bring yourself back into compliance.  To set up your initial consultation, call our non-filed tax return lawyer as soon as you can by phone or online.

Schedule Your Consultation Now