Failure to File a Tax Return — Requirement That a Return Be Filed is a violation of the Internal Revenue Code (IRC) when a taxpayer fails to file a tax return when one is required. This violation can have serious consequences, including fines, penalties, and even jail time. There are two main types of Failure to File a Tax Return — Requirement That a Return Be Filed: willful failure and non-willful failure. Willful failure to file a tax return occurs when a taxpayer knowingly fails to file a tax return when one is required. This is considered a criminal offense and is punishable by fines, penalties, and/or jail time. Non-willful failure to file a tax return occurs when a taxpayer fails to file a tax return when one is required, but without any intent to commit a crime. This is considered a civil offense and is punishable by fines and penalties. In both cases, the taxpayer may also be liable for any unpaid taxes and associated interest and penalties. Failure to File a Tax Return — Requirement That a Return Be Filed can also result in additional legal and administrative actions, including wage garnishment, collection proceedings, and criminal prosecution.