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Tag Archive for Deliquent Taxes

Can You Go To Jail for Past-Due (Delinquent) Taxes?

Can I Go To Jail for Past-Due (Delinquent) Taxes?

Past-due (delinquent) taxes create a stressful situation for taxpayers who fall behind or file late.  Liens, wage garnishment, and fines only increase anxiety for those behind on their taxes.  To make matters worse, there is a question of an even bigger punishment for delinquent taxes: Can you go to jail for falling behind on taxes?

The question is more complicated than a simple yes or no.  Many factors play into decisions the IRS makes regarding criminal charges for tax issues.

Key Insights:

1.)  Why the IRS can file criminal charges against you

2.)  How long does the IRS have to make their case against you?

3.)  What other penalties can the IRS impose for delinquent taxes

Yes, You Can Go To Jail

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The U.S. Will Now Bar Tax Delinquents From Travelling Abroad

I wrote back in 2015 here about new legislation that gave power to the Secretary of State to deny, revoke or limit the passport of persons with delinquent taxes. Code §7345 provides that the Commissioner of the IRS will provide notice to the Secretary of the Treasury, who will then transmit that notice to the Secretary of State, in regard to a taxpayer’s delinquent tax debt.

Generally, it applies to delinquent tax debt over $50,000 (adjusted for inflation), for which a notice of lien has been filed or a levy has been made. Upon receipt of a Code §7345 certification, §32101(e) of the 2015 FAST Act provides that the State Department will generally deny an application for issuance or renewal of a passport from such individual, and may revoke or limit a passport previously issued to such individual. Read more