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Level 1
April 22, 2026
Question

can I get my refund from the IRS if it is being withheld due to two un-filed tax returns? Is there relief if the missing tax return balance is due to ongoing hardship?

  • April 22, 2026
  • 1 reply
  • 1235 views
I finally got a notice from the IRS posted in my online account--after it was apparently sent to an old address (the post office would not let me forward mail when I moved recently without going through a complicated process of validation that I haven't been able to manage due to work hours. I filed extensions for 2021 and 2022 income taxes in '22 and '23, hoping to make enough money to pay them off by the extension deadline... because a domestic partnership for which I made payments on bills and rent and went into debt on the agreement my ex partner and I would rotate responsibilities went unfulfilled when I was left to deal with a co-signed rental lease and unexpected new expenses for early termination and moving on my own when the partnership was dissolved without explanation or notice. I was fully employed and drew a good salary, but not enough to outpace living expenses and compounding debt. The following year, the issue was worsened when I tried to make more money more quickly as a working member of the Writers Guild of America, which went on strike for most of 2023, initiating a contraction of of job opportunities and my other salaried income ending due to the strike and ensuing industry contraction. Even so, because I worked short term writing jobs (with 7 and 15 wk contracts paid out to cover a livable wage for a longer period, but in weekly paychecks with an after-tax net $ amount applied as if the gross weekly amount were a year round). The first half of last year I collected unemployment, and was unable to find work in the career and industry I've spent 20 years working and training in due to aggressive contraction in hiring and spending. Nearly half of industry jobs in the industry centered cuty I've worked and lived in over that time have, that existed as recently as 2022, are no longer in existence. For production workers and writers guild members alike. I managed to get a 20 week writing contract starting last September. Because of industry standards, I was paid irregularly. My salary of 8275 per week paid out in the range of 43-4500. I had accrued over 60k in debt by the start of what will hopefully be a seasonal job... more than half of it due to being unable to keep up with installment payments and accruing compound interest and late fees, starting in 2022, axxelerated in 2023 because of loans required to survive a seven month strike. I could not afford to pay for tax preparer/accounting help to figure out how best to address back taxes--which were not significant enough to qualify for tax relief aid programs. I am now accepting two low paying jobs in between writing jobs, enough to pay living expenses. I intended to use my tax refund and money saved from my last writing job to file back taxes with the money owed, and hiring helo to assure I was filing them and paying correct amounts. Without the refund, I will be unable to use part of it for food and housing between now and the start of payroll on my new jobs; I would need to survive on limited unemployment and move in with elderly family members whose income consists of social security benefits. If I even am able to file three year old forms with accuracy according to our of date tax code; I will not be able to pay for the original amount, combined to account for well under 10k, let alone late penalties. The progress I've made on paying down debt will be wiped out and increase beyond their original balances due. I will continue to accrue penalties on unoaid taxes, and even getting more well-paying writinf work next year will pay for only a fraction of what I owe, in addition the costs of travel back and forth from California, and the temporary housing costs with extra fees for not requiring a credit check. Unless I set up an S Corp, I will not again receive payment equaling little more than half my contracted gross salary, and continue not to be able to receive a refund, even as the IRS is in possession of my W-2s from unfiled years. I won't qualify to be able to rent an apartment, or even borrow more money for consolidation purposes, because I paid a household worth of bills during the pandemic, and the other member of the household unexpectedly did not pay their share in return in a surprise development at the end of z2021, and because I am a member of a guild was forced to take part. In a work stoppage through seven-plus months in 2023, beginning the month before the tax filing deadline. There must be some way to have access to a way to pay off my debt to the IRS with money I earned, rather than being cut off from any hope of regaining solvency or avoiding being a further burden on government resources. J want to pay my share. I work enough and earn enough to be able to catch up, if I'm allowed to and some relief in terms of my refund and time installments

1 reply

Level 15
April 22, 2026

No.  The IRS will not release your refund if they believe you owe money even if you believe it creates a hardship. They will put liens on assets or do whatever it takes to collect their money. 

 

You will need to file the past returns that you have not filed.  When doing so, you would use the software from those years to file the return.  Each years software keeps that years tax laws, so if you use TurboTax 2022, the return would be filed based on the 2022 tax laws.  If you file all of your past year returns, if there is money left over, then yes, you would get a refund, once ALL past due taxes are paid.

If you are due a refund for any of the tax years, you have up to 3 years from the date the return was due to claim the refund. 

What you can do, is apply for a payment plan.  If your balance is less than $10,000 the plan can be for e36 months.  If it is more than $10,000, up to $50,000, the plan can go for as long as 72 months. 

This is one debt that will never go away until it is paid or settled.  Not filing your taxes will only delay how long they can collect.  Unfiled taxes have a review period of forever.  You may be able to contact the IRS and ask for an abatement of some of the penalties which could slightly lower your balance.  

What is the Minimum Monthly Payment for an IRS Installment Plan?



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