IRS Notice CP80 | Understanding IRS Notice CP 80- Request to file unfiled returns

IRS Notice CP80

IRS uses Notice CP 80 to request that you file your return because they are holding money in your account. It implies that you will get a refund if you file. Note: You MUST file and request a refund within the three- year refund statute to receive the refund or offset against another year. It is still important to file if you miss that window because the audit statute of limitation NEVER runs out on an unfiled return.

You Filed the Original Return and have Proof

If you did file a return, you would want to gather proof of mailing/filing. The certified return receipt is the best proof of mailing/filing. The green card provides proof that you filed the return and the date it was received. If you have the certified mailing receipt, you can argue about the filing date, and there is a procedure for this.

If you have the proof of mailing/filing, the IRS will still need you to submit a newly-signed and dated copy of the return. Make sure to write across the top of the return "Resent, and the date." It is best to create a cover letter as a response to the Notice CP 80 indicating that you are "resending" another copy of the return and include a copy (important) of the proof of original mailing/filing. Remember, since you are filing an original return, you have the opportunity to comb through your records and find more deductions before sending.

You Did Not File Your Return or Have No Proof

This non-filing is a wake-up call that the return needs to be filed. If you do not have the information and documents to prepare the return, you can request a wage & income and account transcript from the IRS by calling 1-800-829-1040. It is not wise to rush out and file a return before reviewing your IRS information and considering your options, especially since the IRS may seize your refund to pay for other taxes or student loans, etc.

NOTE: Even if you have no filing requirement, you should file anyway. The IRS has indicated they have a credit on the account.

This request for a return is NOT an audit and only becomes one based on the information provided on the return. The fact that you are filing one or more back returns does increase your chance of being audited.

The IRS can’t enforce collection against you until you either file a return or they do a “Substitute For Return” and assess the tax.

Filing many back returns without an Action Plan, especially if you will owe, is not in your best interest. Typically, it is best to prepare all the missing returns, form a Plan of Action for resolution, and then file all the returns to the correct IRS address.

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What is my first step?

If you received a letter or notice, a decision has to be made. Do you feel confident to handle this situation on your own? If it is a simple issue and you already know the answer, call or write them. If the issue is more complicated, you need to hire a Certified Tax Resolution Specialist. The IRS or State will take full advantage of your lack of knowledge and inexperience.

What is Your Next Step?

The next step is to determine if the notice was sent in error. Do you have an outstanding tax liability? Do you have unfiled or incomplete returns?

Is There a Time Limit?

Yes, each letter or notice from the IRS or State will indicate a date you MUST contact them. If you need more time, call the number on the notice or letter and request an extension. Please DO NOT ALLOW the time to expire without contacting them or hiring a representative to contact them for you.

What You Don’t Want to Do!

What you don’t want to do is nothing. Your tax problems will only get worse if you ignore them. If you cannot pay, there are a number of potential solutions available to those who are otherwise in compliance. In compliance means having all tax returns filed and any balances paid or on a payment plan. If you have outstanding debts or unfiled returns, you need to hire a Certified Tax Resolution Specialist.

Get Some Help

If you don’t know how to address the issue(s), have unfiled return/unpaid balances, or just done feel confident, let the experts at Legacy Tax & Resolution Services represent you. Work with our team of Certified Tax Resolution Specialists to resolve your issue(s) quickly. Best of all, you don’t have to talk to the IRS or State; we can speak on your behalf.