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What If I Did Not File My State Taxes?

Written by a TurboTax Expert • Reviewed by a TurboTax CPAUpdated for Tax Year 2024 • October 16, 2024 1:32 AM
OVERVIEW

As of 2024, the only states that do not charge a state income tax are Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming. If you live or earn money in one of the other 41 states or the District of Columbia, you may need to file a state income tax return by the filing deadline. It is a separate and independent requirement from filing your federal tax return and failure to file it on time may result in interest and penalty charges.

 

Key Takeaways

  • Some states require you to obtain an extension to file your state tax return if you obtain an extension to file your federal tax return.
  • Some states offer tax amnesty programs as an incentive for taxpayers to voluntarily pay past-due taxes.
  • Documented efforts to collect the debt must be made, such as letters, invoices, and phone calls.
  • If too much time passes without any tax return or tax payment, some states can put liens on your property, seize your assets, garnish wages and intercept a federal tax refund.

State filing extensions

Several states allow automatic extensions of time to file your personal income tax return only if you first obtain an extension to file your federal tax return. However, in some cases, you must make a separate request for it by the filing deadline. Some states, like Massachusetts for example, don't require you to obtain an extension if you don't owe any tax. But just like your federal return, if you are due a state refund because of too much employer withholding, you will not receive it until you file. On the other hand, if you thought you didn't owe tax but actually do, you may face some additional penalty and interest charges.

TurboTax Easy Extension makes it easy to file an extension for both your federal and state tax returns.

Filing after the deadline

If you fail to file a state income tax return by the due date, it's still better to file late than to not file at all. Generally, the penalties charged on the tax you owe increase over time, but you can minimize them by filing your state return as soon as possible. If your state does charge late-filing penalties even for returns that report a refund due to you, filing sooner rather than later will minimize the amount of penalties deducted from your refund.

TurboTax Tip:

If you are due a state refund, you will not receive it until you file.

Tax amnesty programs

Some states offer tax amnesty programs as an incentive for taxpayers to voluntarily pay past-due taxes. Generally, amnesty programs provide you a limited time frame in which you can pay your taxes and receive a waiver of all interest and penalties. In some cases, states are reluctant to waive penalties if you had an opportunity to participate in an amnesty program but still file your return at a later date.

Consequences of not filing

State tax penalties can be just as harsh as those imposed by the IRS. In the most severe cases, the state can even prosecute you for a crime if it believes that your failure to file tax returns was part of a fraudulent scheme. Just like other crimes, the punishment can include time in jail.

However, the majority of taxpayers who don't file their state returns are only subject to penalties, interest and other fees in addition to the amount of tax due. And since your account is charged on a monthly basis, the longer you wait, the more you'll pay. Some states can even put liens on your property, seize your assets, garnish wages and intercept a federal tax refund if too much time passes without any tax return or tax payment.

With TurboTax Live Full Service, a local expert matched to your unique situation will do your taxes for you start to finish. Or, get unlimited help and advice from tax experts while you do your taxes with TurboTax Live Assisted.

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The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

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TurboTax Online: Important Details about Filing Simple Form 1040 Returns

If you have a simple Form 1040 return only (no forms or schedules except as needed to claim the Earned Income Tax Credit, Child Tax Credit or student loan interest), you can file for free yourself with TurboTax Free Edition, or you can file with TurboTax Live Assisted Basic at the listed price. Roughly 37% of taxpayers are eligible.

Examples of situations included in a simple Form 1040 return (assuming no added tax complexity):

  • W-2 income
  • Interest, dividends or original issue discounts (1099-INT/1099-DIV/1099-OID) that don’t require filing a Schedule B
  • IRS standard deduction
  • Earned Income Tax Credit (EITC)
  • Child Tax Credit (CTC)
  • Student loan interest deduction
  • Taxable qualified retirement plan distributions

Examples of situations not included in a simple Form 1040 return:

  • Itemized deductions claimed on Schedule A, like charitable contributions, medical expenses, mortgage interest and state and local tax deductions
  • Unemployment income reported on a 1099-G
  • Business or 1099-NEC income (often reported by those who are self-employed, gig workers or freelancers)
  • Stock sales (including crypto investments)
  • Income from rental property or property sales
  • Credits, deductions and income reported on other forms or schedules 

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TurboTax Desktop Business Returns:

  • 100% Accurate Calculations Guarantee - Business Returns: If you pay an IRS or state penalty or interest because of a TurboTax calculation error, we'll pay you the penalty and interest. Excludes payment plans. You are responsible for paying any additional tax liability you may owe. Additional terms and limitations apply. See License Agreement  for details.

  • Maximum Tax Savings Guarantee - Business Returns: If you get a smaller tax due (or larger business tax refund) from another tax preparation method using the same data, TurboTax will refund the applicable TurboTax Business Desktop license purchase price you paid. Additional terms and limitations apply. See License Agreement  for details.

  • Satisfaction Guarantee/ 60-Day Money Back Guarantee: If you're not completely satisfied with TurboTax Desktop software, go to refundrequest.intuit.com within 60 days of purchase and follow the process listed to submit a refund request. You must return this product using your license code or order number and dated receipt. Desktop add-on products and services purchased are non-refundable.

TURBOTAX DESKTOP DISCLAIMERS

  • Installation Requirements: Product download, installation and activation requires an Intuit Account and internet connection. Product limited to one account per license code. You must accept the TurboTax License Agreement to use this product. Not for use by paid preparers.

  • TurboTax Desktop Products: Price includes tax preparation and printing of federal tax returns and free federal e-file of up to 5 federal tax returns. Additional fees apply for e-filing state returns. E-file fees may not apply in certain states, check here for details. Savings and price comparison based on anticipated price increase. Software updates and optional online features require internet connection. Desktop add-on products and services purchased are non-refundable.

  • Fastest Refund Possible: Get your tax refund from the IRS as fast as possible by e-filing and choosing to receive your refund by direct deposit. Tax refund time frames will vary. The IRS issues more than 9 out of 10 refunds in less than 21 days.

  • Average Refund Amount: $3,207 is the average refund amount American taxpayers received in the 2024 filing season based upon IRS data as of February 16, 2024 and may not reflect actual refund amount received.

  • TurboTax Technical Support: Customer service and technical support hours and options vary by time of year.

  • Deduct From Your Federal Refund: Individual taxes only. Subject to eligibility requirements. Additional terms apply. A $40 Refund Processing Service fee applies to this payment. method. Prices are subject to change without notice.

  • Data Import: Imports financial data from participating companies; Requires Intuit Account. Quicken and QuickBooks import not available with TurboTax installed on a Mac. Imports from Quicken (2022 and higher) and QuickBooks Desktop (2023 and higher); both Windows only. Quicken import not available for TurboTax Desktop Business. Quicken products provided by Quicken Inc., Quicken import subject to change.

  • Live Tax Advice: Access to tax experts to obtain answers to tax questions and to assist with tax year 2024 return(s) prepared with TurboTax Desktop software. Additional fees apply. Must be purchased and used by October 31, 2025. Excludes TurboTax Desktop Business. See License Agreement for details.

  • Audit Defense: Audit Defense is a third-party add-on service provided, for a fee, by TaxResources, Inc., dba Tax Audit. See Membership Agreements at https://turbotax.intuit.com/corp/softwarelicense/ for service terms and conditions.

All features, services, support, prices, offers, terms and conditions are subject to change without notice.

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