I Cannot Pay the IRS at All: What Happens and What to Ask
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
| Question | What the IRS says |
|---|---|
| What it is | If you cannot pay due to financial hardship, the IRS may place your account in CNC status |
| What you may need to send | Form 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
- 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.
- List your monthly income and basic living expenses, and gather bank statements and bills. This is what Form 433-F asks for.
- 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.
- If you can pay something, ask about a payment plan or a partial payment installment agreement instead.
- 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
- Ignore the notices. Starting 10 days after a notice of intent to levy, the failure-to-pay penalty rises from 0.5% to 1% per month, per the IRS failure-to-pay page, and the IRS can levy wages or bank accounts under 26 U.S.C. 6331. See wage garnishment and bank levy.
- Pay anyone who promises a result. The FTC says only the IRS or your state comptroller can decide whether you qualify for an option, warns that tax relief companies may charge an upfront fee that can be thousands of dollars, and advises against paying a whole fee up front.
- Stop filing. Unfiled years add the larger failure-to-file penalty and keep you from getting a long-term payment plan or an Offer in Compromise.
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.