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I Cannot Pay the IRS at All: What Happens and What to Ask

By the Tax Relief Answers editors · Sources checked · How we check

The short answer

If paying anything would leave you unable to cover basic living expenses, you can ask the IRS to place your account in Currently Not Collectible (CNC) status, which pauses most collection. The debt is not forgiven, and penalties and interest keep growing, per the IRS page on delaying collection. The IRS also generally has 10 years from the date a tax was assessed to collect it, per the IRS collection time page.

What Currently Not Collectible does and does not do

QuestionWhat the IRS says
What it isIf you cannot pay due to financial hardship, the IRS may place your account in CNC status
What you may need to sendForm 433-F, Form 433-A (wage earners and self-employed) or Form 433-B (businesses)
Is the debt cancelled?No. You still owe the full amount
Do penalties and interest stop?No. They continue until the balance is paid in full
Can the IRS still file a lien?Yes. It may file a Notice of Federal Tax Lien
What happens to refunds?The IRS applies any federal refund to the debt
Is it permanent?No. The IRS may review your financial situation later

The 10-year collection limit

Under 26 U.S.C. 6502, the IRS generally has 10 years from assessment to collect. CNC does not stop that clock. Some events do pause it, according to the IRS: a pending installment agreement request, a pending Offer in Compromise, bankruptcy, a Collection Due Process hearing, an innocent spouse request, combat zone service and living outside the US for 6 months or more. See the 10-year collection limit.

Steps

  1. File every required return, even if you cannot pay. The failure-to-file penalty is 5% of the tax per month, up to 25%, compared with 0.5% per month for paying late, per the IRS failure-to-file page.
  2. List your monthly income and basic living expenses, and gather bank statements and bills. This is what Form 433-F asks for.
  3. Call the number on your latest notice and ask for Currently Not Collectible status, or request the hardship status by sending the financial form the IRS asks for.
  4. If you can pay something, ask about a payment plan or a partial payment installment agreement instead.
  5. If a levy is causing a financial hardship or the IRS has not answered by the date it promised, contact the Taxpayer Advocate Service at 1-877-777-4778 or file Form 911.

What never to do

People who cannot pay at all are often the ones who qualify for free help. A Low Income Taxpayer Clinic serves people with income at or below 250% of the federal poverty guidelines, and the Taxpayer Advocate Service (1-877-777-4778) can step in when collection causes financial hardship.

FAQ

What happens if I cannot pay the IRS at all?

You can ask the IRS to place your account in Currently Not Collectible status if paying would cause financial hardship. Collection mostly pauses, but the debt, penalties and interest remain.

Does Currently Not Collectible status erase the debt?

No. The IRS says the debt is not forgiven or cancelled, penalties and interest continue, a lien may be filed and refunds are applied to the balance.

How long can the IRS collect a tax debt?

The IRS generally has 10 years from the date the tax was assessed, but some events, such as a pending installment agreement request or an Offer in Compromise, pause that period.

Should I file my return if I cannot pay?

Yes. The failure-to-file penalty is 5% of the unpaid tax per month, while the failure-to-pay penalty is 0.5% per month.

Sources

  1. IRS, Temporarily delay the collection process
  2. IRS, Payment plans and installment agreements
  3. IRS, Time IRS can collect tax