Have Unfiled Tax Returns? There’s Still Hope!

New Jersey Voluntary Disclosure Program May Assist in Resolving Your Tax Problem.

Individual and business taxpayers who realize that they have not filed tax returns despite a tax filing obligation or that their business activity creates a nexus for New Jersey state tax purposes may be eligible for post-amnesty relief.

If a taxpayer contacts the New Jersey Division of Taxation before it finds you, then a taxpayer may qualify for the favorable terms that are offered under the Voluntary Disclosure Program. The Voluntary Disclosure Program can provide tax relief from the Late Filing and Late Payment Penalties, and preclude Civil and Criminal Tax exposure.

To be eligible for the tax relief provided under the program, the following criteria must be satisfied:

  • No previous contact with the Taxpayer by the Division or any of its Agents;
  • Taxpayer is not registered for the taxes they wish to come forward on;
  • Taxpayer is not currently under any criminal investigation.
  • Taxpayer must be willing to pay outstanding tax liabilities and file the prior year returns within a reasonable period.

The taxpayer must file completed and signed delinquent tax returns for the previous three years and the current year (four years of unfiled tax returns).

New Jersey’s Voluntary Disclosure program can be a viable way to resolve a tax problem, but the timing of when and how to disclose can be critical especially if you are juggling an IRS problem.  A successful application to the New Jersey Division of Taxation can help avoid civil or criminal liability for the failure to file or pay back taxes.

Todd S. Unger, Esq. is a tax attorney that can help identify whether the voluntary disclosure program is appropriate and can assist in applying for tax relief under the voluntary disclosure program.

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