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Job Loss

You Lost Your Job and Owe the IRS: What to Do First

Owing the IRS while you are out of work feels impossible. It is not. There is an order of operations, and following it keeps a temporary setback from becoming a ten-year problem.

By Darrin T. Mish, attorney · Updated · 6 min read

You are out of work. The return is done, or almost done, and the bottom line says you owe. Maybe it was the unemployment checks with nothing withheld. Maybe it was the 401(k) you cashed out to cover rent. Either way, you are staring at a number you cannot pay.

Stop losing sleep over the worst-case version in your head. The IRS collection system expects people to lose jobs. It has procedures for exactly this. What it does not tolerate well is silence. Here is the order I would handle things in.

Step one: file the return on time anyway

This is the most important step and the one people skip. They think, "Why file if I can't pay?" Because the penalties are not equal.

According to the IRS, the failure-to-file penalty is 5% of the unpaid tax for each month or part of a month the return is late, up to 25%. The failure-to-pay penalty is 0.5% per month, also capped at 25%. When both apply in the same month, the failure-to-file penalty is reduced by the failure-to-pay amount, but the combined cost of not filing is still far higher. And for a return more than 60 days late, there is a minimum failure-to-file penalty. For returns due after December 31, 2025, the IRS lists that minimum as $525 or 100% of the tax owed, whichever is less.

Filing on time costs you nothing extra. Not filing can add a quarter of the bill in five months. If you need more time to put the return together, file an extension, but remember that an extension extends the time to file, not the time to pay.

Step two: pay what you can, when you can

Any payment reduces the base that penalties and interest are calculated on. You do not need permission to make a partial payment. If you have severance in the bank or a final paycheck coming, sending some of it to the IRS now can make the rest of this process easier.

That said, do not drain the money you need for housing, food and transportation. The IRS collection procedures recognize basic living expenses. Starving yourself to pay a tax bill is not required, and it often leads to missing the rent, which creates a second crisis.

Step three: pick the right payment option

The IRS payment plan page lays out the main paths for individuals. Which one fits depends on how much you owe and how long your unemployment is likely to last.

Short-term payment plan

If you can pay the full balance within 180 days, a short-term plan is often the simplest route. The IRS says individuals can apply online if they owe less than $100,000 in combined tax, penalties and interest, and there is no setup fee. Penalties and interest keep accruing until the balance is paid. This is a good fit if you expect to be back at work soon or have money coming, such as a home sale or a final bonus.

Long-term installment agreement

If you need longer, you can request a monthly installment agreement. Individuals can apply online if they owe $50,000 or less in combined tax, penalties and interest and have filed all required returns. The IRS currently lists setup fees of $29 online with direct debit, or $69 online with another payment method, with higher fees for applying by phone, mail or in person. Low-income taxpayers, defined by the IRS as adjusted gross income at or below 250% of the federal poverty level, can have the fee waived if they use direct debit, or reimbursed after completing the agreement if they cannot.

If you filed on time, the failure-to-pay penalty drops to 0.25% per month while the installment agreement is in effect. Interest still runs. You can find more on structuring a payment plan at GetIRSHelp.com's installment agreement page.

Temporarily delaying collection

If you truly cannot pay anything right now because every dollar goes to basic living expenses, the IRS can temporarily delay collection. It will usually ask for a Collection Information Statement, such as Form 433-F or Form 433-A, and documents to verify income and monthly living expenses. The IRS says plainly that penalties and interest continue to accrue, that it may file a Notice of Federal Tax Lien to protect the government's interest, and that it may review your situation later and resume collection if your ability to pay improves.

For someone who is unemployed with no savings, this can be the right temporary answer. It buys time to find work. It is not forgiveness.

Step four: understand what a pending request does

Once you request a payment plan, the IRS generally will not levy while the request is being considered, according to its payment plan guidance. If the request is rejected, or the IRS proposes to terminate a plan after a default, enforced collection generally stays on hold for 30 days, and longer if you appeal. Requesting a plan also suspends or extends the collection period, so there is a trade-off. But for most people who are out of work, the protection is worth it.

Contrast that with doing nothing. The IRS sends a series of balance-due notices, and eventually a final notice of intent to levy. If you still do not pay within 10 days after that notice, the failure-to-pay penalty rate rises to 1% per month, according to the IRS. Silence is the most expensive strategy available.

Step five: fix the next year before it starts

The balance you owe today usually came from one of three places: unemployment benefits with no withholding, a severance check withheld at a flat rate, or a retirement withdrawal. Fix the source so the problem does not repeat:

An installment agreement generally requires you to stay current on future filing and payment obligations. Owing again next year is how many agreements default. Do not let that happen.

What not to do

  • Do not ignore the mail. Every IRS notice has a deadline and a phone number. Open it.
  • Do not call a tax relief company because of a radio ad. Many make promises nobody can keep. The IRS options above are available to you directly.
  • Do not take on high-interest debt to pay the IRS without thinking. Sometimes it makes sense. Often a payment plan is cheaper and more flexible.
  • Do not stop filing. An unfiled year blocks most payment arrangements, since the online long-term plan requires all required returns to be filed.

When the job loss is part of something bigger

Job loss rarely arrives alone. A medical crisis, a disability, a disaster or a move often comes in the same year, and each one has its own tax rules. Our map of IRS problems after a life crisis shows how they connect and which ones to tackle first. If you were laid off and also received severance, read how severance pay is taxed so the next return does not repeat this one.

The bottom line

File on time. Pay what you can. Choose a payment option that fits your actual budget, not the budget you had before the layoff. Tell the IRS what is going on before it has to come looking.

The reality is usually much more manageable than the nightmare in your head. The longer you wait, the less true that becomes.

Frequently asked questions

Should I file my tax return if I am unemployed and cannot pay?

Yes. The IRS failure-to-file penalty is 5% of the unpaid tax per month, up to 25%, while the failure-to-pay penalty is 0.5% per month, up to 25%. Filing on time and paying later is far cheaper than delaying the return. Filing also keeps payment plan options open.

Can I get an IRS payment plan while I am out of work?

Often, yes. Individuals who owe less than $100,000 can apply online for a short-term plan of up to 180 days with no setup fee. Those who owe $50,000 or less and have filed all returns can apply online for a long-term installment agreement. Pick a payment you can actually keep.

What if I cannot pay the IRS anything right now?

The IRS can temporarily delay collection if paying would prevent you from covering basic living expenses. Expect to complete a financial statement such as Form 433-F or 433-A. Penalties and interest continue, the IRS may file a tax lien notice, and it may review your finances later.

Will the IRS levy my bank account while my payment plan request is pending?

According to the IRS, it generally will not take enforced collection action while a payment plan request is being considered, for 30 days after a rejection or termination, or while an appeal of that decision is being evaluated.

This guide is general information, not legal advice. Tax law changes and every case turns on its own facts.