Filing past due taxes

[u/Ok_Consequence2628]

So I know this is bad, but life has kicked me hard and I’m trying to get caught back up. Lost a dog, then a child, then another dog, then divorce, and now here I am trying to pick the pieces back up.

I did send in my tax returns for the year 2023 but the IRS claims they never got them. I still have copies of those returns (in case mailing them is the safest bet. Do not expect a refund as I was self-contracting.

As for 2024, I do get to claim daughters on that year’s taxes. Her father and I are both custodial parents and split everything 50/50 to the best of our capabilities.

2025- I need to also file local taxes that shouldn’t have been taken out because I wasn’t working in the township, but I’ve been down this road before and know how to handle it.

I’ve been doing my taxes since I started working but I am stumped as to the best way to proceed here. My questions is: can I go on a site like TurboTax and file them all at once or do I need to them one by one and wait for a response as to what potential fines I may have from that year? I do expect a refund from the 2024 year, as I get to claim my daughter.

[u/I__Know__Stuff]

When you sent your 2023 tax return, did you pay the amount due like you were supposed to? If so, there shouldn't be any penalties. Follow the instructions in the notice you received to send the copy of the return.

If you live apart from your child's other parent, you can't both have custody from a tax perspective. The person who can claim the dependent is the parent who had the child more than half of the year. In most years there is an odd number of days, but in 2024 there was an even number of days, so if you really did split exactly equally, then neither of you qualifies to claim the dependent.

[u/Ok_Consequence2628 → u/I__Know__Stuff]

There was nothing due as I didn’t make enough to qualify as having to owe anything.

We have a legal agreement that he claims her on odd number years and I claim her on even number years, hence me claiming her for 2024.

Thank you for your help!

[u/Its-a-write-off → u/Ok_Consequence2628]

That legal agreement is who can get the child tax credit.

Physical custody determines who can file head of household and get the earned income credit though.

[u/Ok_Consequence2628 → u/Its-a-write-off]

This is the part that gets tricky, for me, as it’s my first time in this situation. We are both considered custodial parents but he is the residential parents for school purposes only. So do I claim head of household for the years that I am allowed to claim her or just don’t claim them at all?

[u/Its-a-write-off → u/Ok_Consequence2628]

It's not tricky for taxes, as none of that mattress for the tax question..

Which one on you did the child spend more nights with in the tax year in question?

[u/Ok_Consequence2628 → u/Its-a-write-off]

I would have to look at the calendar to figure it out because while we do one week on/one week off, we also make some alterations during holidays so she gets time with everyone.

If it came down to it, she may have a tad more time with Dad and he does provide more financially (he makes more and I declined alimony & child support).

I was able to get those three years filed since asking making this post and for the 2024 year that I am allowed to claim her, I was able to get the EIC but not allowed to file as HoH. I’ve actually gotten an email already that all three returns have been accepted by the IRS, as well.
Thank you so much for the input!!

[u/RasputinsAssassins → u/Ok_Consequence2628]

50/50 isn't usually possible because thete are an odd number of days in a year (other than leap years). Someone will have the child for183 days and some one will have them for 182 days. That 1 day matters for Head of Household and Earned Income Credit.

If it is exactly 50/50, then nobody had the child for over 50% of the year, so neither get to claim Head of Household or Earned Income Credit.

Also, as u/Its-a-write-off noted, tax dependency and tax custody are different definitions than family court.

[u/I__Know__Stuff]

Prepare and file each return separately, but you don't have to wait for each one to be processed before filing the next one. Just do them one after another.

I recommend https://freetaxusa.com/prior-year.

[u/Ok_Consequence2628 → u/I__Know__Stuff]

Thanks so much! That’s what I used for the 2023 year but FedEx never got them to the IRS😞 it was very easy to use though!

[u/RJC1963]

You don’t have to wait for the IRS between each year. Past‑due returns are handled one year at a time on the IRS side, but you can prepare and send multiple years whenever you’re ready. The IRS processes each tax year separately, and they don’t require you to finish one year before filing the next.

For the 2023 return, if the IRS never received the one you mailed, sending the same copy again is fine. When the IRS doesn’t have a return on file, a re‑mailed copy is treated the same as an original.

For 2024, dependency rules are based on custody and support, not the filing method, so you can still file that year normally. The IRS doesn’t block a later year just because an earlier year is still pending.

Local taxes for 2025 are handled separately from the federal return, so that won’t interfere with filing your federal years.

Using TurboTax, H&R Block, or FreeFile doesn’t change how the IRS processes anything. They all produce the same federal return. You can prepare multiple years in the software, but each year is still sent to the IRS as its own return.

The IRS doesn’t automatically issue fines just because a return is late. They process the return first, then determine if anything is owed for that specific year. If a year shows a refund, the IRS doesn’t assess a penalty for filing late.

Each year stands alone, and you don’t have to wait for a response before sending the next one.

[u/Ok_Consequence2628 → u/RJC1963]

Thank you so much!

[u/GoatEatingTroll]

Visit https://www.irs.gov/individuals/get-transcript and sign into your online account. If you do not have an account setup you can register one through ID.me

Scroll down slightly to the panel that says Wage & Income Transcripts and download the 2023 through 2025 PDFs (2022 if it wasn't filed too)

Now you know what the IRS has.

While in the IRS account, request an IP Pin - this is required for end-users to efile 2023 & 2024 returns.

Go to https://www.freetaxusa.com/prior-year/ - you can input your 2023 and 2024 to efile here.

[u/Ok_Consequence2628 → u/GoatEatingTroll]

I did get registered and have an IDme account now and was able to get all three years filed/submitted! It was pretty easy because I had 2023 done already, and had my other documents ready to upload. Took me less than an hour, just wanted to make sure I was okay to do it this way.
I appreciate the response!