[Ask the Tax Whiz] Consequences of non-filing, non-payment of tax returns (2024)

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Mon Abrea

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[Ask the Tax Whiz] Consequences of non-filing, non-payment of tax returns (1)

The Philippine Tax Whiz warns taxpayers of the consequences of non-filing and non-payment of tax returns

The non-filing and the non-payment of tax returns are two of the most common violations committed by the taxpaying public. Whether the non-compliance is a mere omission or a deliberate attempt to commit fraud, our tax code provides corresponding penalties for such violations.

What are the penalties imposed by the tax code for failure to file tax returns?

Under Section 248 of the Philippine tax code, failure to file any return would incur a penalty of 25% of the tax due, to be paid in addition to the principal amount due. However, if the taxpayer is found guilty of willful neglect to file returns or willfully filing a false or fraudulent return, he or she shall pay a penalty equivalent to 50% of the amount of tax required to be remitted on top of the original amount due.

Section 248B states that “a substantial underdeclaration of taxable sales, receipts, or income or a substantial overstatement of deductions, as determined by the Commissioner pursuant to the rules and regulations to be promulgated by the Secretary of Finance, shall constitute prima facie evidence of a false or fraudulent return.”

Section 255 also imposes a compromise penalty of not less than P10,000 and imprisonment of not less than 1 year but not more than 10 years for willfully neglecting to file tax returns.

In addition, 12% annual interest will also be imposed until the date of payment of the assessment.

Are there any other penalties for taxpayers who are proven guilty of willful non-filing of returns to evade tax? Can the convicted taxpayer be imprisoned?

Yes. In addition to the above penalties, any person who willfully attempts to evade or defeat tax in any manner will be fined at least P500,000 but not more than P10 million. He or she may be imprisoned for at least 6 years but not more than 10 years according to Revenue Regulations No. 13-2021, which implements the penalty provisions of certain sections of the Tax Reform for Acceleration and Inclusion or TRAIN law (Republic Act No. 10963). Furthermore, the conviction or acquittal obtained for violations of this section shall not bar the filing of a civil suit for the collection of taxes.

What are the sanctions if the person convicted of a crime is not a citizen of the Philippines?

Section 253 of the Philippine tax code provides that if the offender is not a Filipino citizen, he or she shall be deported immediately after serving the sentence, without further proceedings for deportation.

What are the sanctions if the taxpayer is a public official or employee?

If he or she is a public official or employee, the maximum penalty prescribed for the offense shall be imposed. In addition, he or she shall be dismissed from public service and be perpetually disqualified from holding any public office.

[Ask the Tax Whiz] Consequences of non-filing, non-payment of tax returns (2)

Know your tax compliance risk level through our free Annual Tax Health Check. Click this link to get started and use the code Rappler 2022. For inquiries, you may also email us at consult@acg.ph or contact 09176278805. – Rappler.com

Mon Abrea, CPA, MBA, is the co-chair of the Paying Taxes-EODB Task Force. With the TaxWhizPH mobile app as his brainchild, he was recognized as one of the Outstanding Young Persons of the World, an Asia CEO Young Leader, and one of the Ten Outstanding Young Men of the Philippines because of his tax advocacy and expertise. Currently, he is the chairman and CEO of the Asian Consulting Group and trustee of the Center for Strategic Reforms of the Philippines – the advocacy partner of the Bureau of Internal Revenue, Department of Trade and Industry, and Anti-Red Tape Authority on ease of doing business and tax reform. Visitwww.acg.phfor more information or email him atmon@acg.phand download the TaxWhizPH app for free if you have tax questions.

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I am Mon Abrea, a Certified Public Accountant (CPA) and MBA, recognized as the co-chair of the Paying Taxes-Ease of Doing Business (EODB) Task Force. My expertise and advocacy in taxation have earned me recognition as one of the Outstanding Young Persons of the World, an Asia CEO Young Leader, and one of the Ten Outstanding Young Men of the Philippines. I am currently the chairman and CEO of the Asian Consulting Group and a trustee of the Center for Strategic Reforms of the Philippines, serving as the advocacy partner of the Bureau of Internal Revenue, Department of Trade and Industry, and Anti-Red Tape Authority on ease of doing business and tax reform.

Now, let's delve into the key concepts presented in the provided article:

  1. Non-filing and Non-payment of Tax Returns:

    • Non-filing and non-payment of tax returns are common violations by taxpayers, whether due to omission or deliberate fraud.
  2. Penalties for Failure to File Tax Returns (Section 248):

    • Under Section 248 of the Philippine tax code, failure to file any return incurs a penalty of 25% of the tax due, in addition to the principal amount.
    • Willful neglect or filing a false or fraudulent return results in a higher penalty of 50% of the tax amount due.
  3. Substantial Underdeclaration (Section 248B):

    • A substantial underdeclaration of taxable sales, receipts, or income, as determined by the Commissioner, constitutes prima facie evidence of a false or fraudulent return.
  4. Compromise Penalty (Section 255):

    • Section 255 imposes a compromise penalty of not less than P10,000 and imprisonment of not less than 1 year but not more than 10 years for willfully neglecting to file tax returns.
    • An additional 12% annual interest is imposed until the date of payment of the assessment.
  5. Penalties for Willful Tax Evasion:

    • Apart from the penalties mentioned above, attempts to evade or defeat tax result in fines ranging from P500,000 to P10 million and imprisonment for 6 to 10 years.
    • The conviction or acquittal does not bar the filing of a civil suit for tax collection.
  6. Sanctions for Non-Filipino Offenders (Section 253):

    • Non-Filipino offenders face deportation immediately after serving the sentence.
  7. Sanctions for Public Officials or Employees:

    • If a taxpayer is a public official or employee, the maximum penalty is imposed, and they face dismissal from public service with perpetual disqualification from holding any public office.

Understanding the consequences of non-compliance with tax regulations is crucial for taxpayers to avoid legal repercussions and ensure fiscal responsibility.

[Ask the Tax Whiz] Consequences of non-filing, non-payment of tax returns (2024)

FAQs

What are the consequences of not filing a tax return? ›

The Failure to File penalty is 5% of the unpaid taxes for each month or part of a month that a tax return is late. The penalty won't exceed 25% of your unpaid taxes.

Will the IRS work with you on unfiled taxes? ›

You can contact a tax professional or the IRS for help with filing delinquent returns. If you are unable to fully pay any tax due on the late returns, do not let this prevent you from filing as payment options may be available.

What do you think the consequences would be for not paying taxes? ›

Tax liens and collections calls may follow

Liens are often public records. That means that even if they're not on your credit report, liens could affect your ability to get loans, get a job or keep a security clearance. Filing for bankruptcy may not necessarily get rid of the lien or your tax bill.

How do you deal with years of unfiled taxes? ›

How to file back taxes
  1. Gather your documents. You'll need to gather tax documents for the tax year in question. ...
  2. Get a transcript if you need one. ...
  3. Use the proper forms. ...
  4. Consider a payment plan if you can't afford your tax bill. ...
  5. Don't be afraid to ask for help.
Mar 19, 2024

What happens if you haven't filed taxes in 20 years? ›

If you haven't filed in over 20 years and you send in a tax return from the 1990s with a payment, the IRS probably isn't going to send the return or the payment back to you. The agency will gladly take your money. Luckily, however, in most cases, you only need to file the last six years if you get behind.

What happens if you don't file taxes for 10 years? ›

Such as tax garnishments or property restrictions, wage deductions, or the seizure of your assets. If you haven't filed taxes in 10 years: The IRS might have already taken legal action against you. Worse, you may face tax evasion charges resulting in higher penalties or jail time.

How many years can the IRS go back if you didn't file taxes? ›

However, the statute of limitations for the IRS to assess and collect any outstanding balances doesn't start until a return has been filed. In other words, there's no statute of limitations for assessing and collecting the tax if no return has been filed.

How long can the IRS come after you for unfiled taxes? ›

Some taxpayers may get so tied up in the stress of it all that they simply avoid filing taxes for the prior year or forget due to many other duties pulling at their time. You may even be wondering: How far back can the IRS go for unfiled taxes? The simple answer is six years.

What is the IRS 6 year rule? ›

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

Why do we go to jail if we don't pay taxes? ›

If you cannot afford to pay your taxes, the IRS will not send you to jail. However, you can face jail time if you commit tax evasion or fraud. The tax attorneys at The W Tax Group can help you navigate the tax code. If you're having trouble with the IRS, contact us today.

What happens if you don't file by April 18? ›

If you don't file your taxes by the deadline, you may have to pay a penalty on the amount you owe. If you're eligible for a refund, your refund payment may be delayed if you file late. If it looks like you may be late in submitting your return, you can apply for a tax extension.

How do I catch up on an unfiled tax return? ›

You can contact a tax professional or the IRS for help with filing delinquent returns. If you are unable to fully pay any tax due on the late returns, do not let this prevent you from filing — payment options may be available. For more details, ask your tax professional or an IRS representative.

Can I skip a year of filing taxes? ›

It's illegal. 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.

Can I file 2 years of taxes at once? ›

Each tax year has to be filed separately using the forms for the specific tax year. They cannot be combined in any way--do not even put them in the same envelope when you mail them. Software for past years is available back to 2019.

Why would a person not file their taxes? ›

Some people say they didn't feel like opening the mail, or they don't have the time to do their taxes...Then there's the Americans who just don't have the money to pay their taxes, or who are overwhelmed by the whole tax filing process.

How many years of back taxes can you file? ›

If you qualified for federal tax credits or refunds in the past but didn't file tax returns, you may be able to collect the money by filing back taxes. However, the IRS only allows you to claim refunds and tax credits within three years of the tax return's original due date.

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