How to File Back Taxes in Maryland: A Step-by-Step Guide

If you haven't filed a tax return in one year — or several — you're not alone. Life gets complicated. A business hits a rough patch. A death in the family. A divorce. Health problems. Sometimes taxes fall through the cracks, and before you know it, years have passed.

The good news is that filing back taxes in Maryland is very doable, and the sooner you start, the better off you'll be. Here's exactly what to do.

Why Filing Back Taxes Is So Important

The IRS doesn't forget. Unfiled returns accumulate penalties and interest every single month. If you have W-2 income or 1099s on file, the IRS may have already filed a Substitute for Return (SFR) on your behalf — and they won't give you the deductions you're entitled to.

The longer you wait, the more you owe. Filing — even late — almost always results in a better outcome than doing nothing.

What Happens If You Don't File in Maryland

Maryland follows federal tax law closely, but also has its own penalties for non-filers:

  • Federal failure-to-file penalty: 5% of unpaid taxes per month, up to 25%
  • Federal failure-to-pay penalty: 0.5% per month on unpaid balance
  • Maryland penalty: Up to 25% of taxes owed plus interest
  • Loss of refund: You have only 3 years to claim a refund — after that the IRS keeps it

If the IRS determines you owe taxes and you haven't filed, they can garnish wages, levy bank accounts, and file federal tax liens against your property.

Step 1: Find Out Which Years Are Missing

Start by pulling your IRS tax transcripts. These show which years have returns on file and which don't.

How to get your transcripts:

  • Go to irs.gov/individuals/get-transcript
  • Create an account and download your Account Transcript for each year
  • Look for years that show "No Return Filed"

For Maryland, check marylandtaxes.gov to see what the state has on record.

Step 2: Gather Your Documents

For each missing year you'll need:

  • W-2s or 1099s (employers and clients)
  • Bank statements
  • Receipts for deductible expenses
  • Prior year tax returns if available
  • Social Security numbers for dependents

Can't find old W-2s? Request a Wage and Income Transcript from the IRS — it shows all income reported to them by employers and clients for that year.

Step 3: File the Oldest Year First

Work chronologically — oldest to most recent. This is important because:

  • Each year's return affects the next
  • The IRS expects returns in order
  • Maryland requires the same sequence

Use the tax forms for the year you're filing, not current year forms. Tax laws change annually and you must use the correct year's forms.

Step 4: File All Returns Before Contacting the IRS

If you owe money, get all returns filed before negotiating a payment arrangement. The IRS won't discuss payment plans with non-filers — you must be compliant first.

Once all returns are filed, you can:

  • Set up an Installment Agreement to pay over time
  • Apply for an Offer in Compromise if you can't pay the full amount
  • Request Currently Not Collectible status if you have no ability to pay

Step 5: Address Maryland Separately

Maryland and the IRS are separate entities. Filing your federal returns does not automatically file your Maryland returns. You'll need to file both — and Maryland will want its share too.

The Maryland Comptroller's office is generally willing to work with taxpayers who come forward voluntarily. Voluntary disclosure almost always results in reduced penalties.

How Far Back Do You Need to File?

The IRS generally requires 6 years of back returns for taxpayers who want to come back into compliance. However, if you're owed refunds, you can only collect on returns filed within 3 years of the original due date.

For criminal prosecution purposes, the IRS can go back indefinitely on non-filers — another reason not to wait.

Can You Do This Yourself?

Technically yes — but back tax situations are complicated. Common mistakes include:

  • Using the wrong year's forms
  • Missing deductions you're entitled to
  • Not addressing Maryland separately
  • Filing without a resolution plan for what you owe
  • Missing IRS deadlines during the process

A CPA with back tax experience can often reduce what you owe, protect you from aggressive collection actions, and make sure everything is filed correctly the first time.

Mercer Flanagan Can Help You Get Right With the IRS

At Mercer Flanagan, we've helped individuals and small business owners in Frederick, MD and throughout Central Maryland resolve years of unfiled returns. We know how to work with the IRS and the Maryland Comptroller's office to get you back in compliance — and keep more money in your pocket in the process.

We handle complex situations that other firms avoid. Whether you're one year behind or ten, we'll put together a plan and walk you through every step.

Don't wait another year.Call us at(301) 662-6992or visit mercerflanagan.com/contact to book a free consultation today.

Mercer Flanagan is a CPA firm founded in 1971 serving Frederick, MD and Central Maryland including Thurmont, Hagerstown, Mt. Airy, Walkersville, and Middletown.