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How many years can you go back to file a tax return in New York?

On Behalf of | Sep 12, 2024 | Federal And State Tax Collections |

Filing taxes late is common, and many wonder how far back they can go to submit past returns. While federal guidelines offer some clarity, New York State has its own rules. It is important to understand the laws surrounding the time limits for filing past tax returns.

Standard filing limitations

Taxpayers are typically granted a three-year period from the original filing deadline to submit a tax return and request any applicable refunds. Once this statute of limitations expires, you forfeit the opportunity to recover overpaid taxes, regardless of the validity of the claim. However, submitting a late return does not exempt you from the obligation to pay any outstanding tax liabilities.

Special cases for filing

If you have not paid any taxes and have not filed, the IRS can pursue unpaid taxes indefinitely. This means if you never filed at all, the state can collect taxes no matter how much time has passed. New York has no statute of limitations on collections if you don’t file a return or if you submit a fraudulent return. However, if you have already filed a return but owe more taxes, the state typically has three years to audit or request additional information.

Penalties for failing to file

Penalties grow the longer you delay filing. These include interest on unpaid taxes and late fees. The more time that passes, the more financial consequences you will face, so it is important to address any outstanding returns as soon as possible to help avoid civil tax litigation troubles.

Clear filing rules 

New York enforces firm rules regarding late tax returns. Whether you are seeking a refund or need to pay unpaid taxes, understanding these deadlines helps you avoid penalties and maximize any returns owed.