Can I file last year's (2008) taxes with the IRS right now & go back and file for previous years' taxes a few months from now?

You can file the tax returns in any order you like. If you have not filed tax returns in 5 years, however, and you had large amounts of income that went unreported you probably should consult with a tax attorney before doing anything. You could have criminal exposure for failure to file, and a tax attorney can tell you whether or not that is something you need to be concerned about, only after hearing your specific facts.

If you owe more than you can pay a tax attorney can also advise you about whether an offer in compromise, or an installment payment agreement is a good option for you.

I agree with Mr. Brager. You can file your past due returns in any order. However, you should try to file 2007 and 2008 together, because these two years have an impact on your stimulus payment/credit.

If you were employed, your employer should have a copy of your W-2s and should be able to give you copies. If you were self-employed, you may have a bit more trouble getting your information together. You probably should consult a tax attorney in this case.

You can also contact IRS to get wage and income transcripts for those years to make sure you don't forget things like interest. dividends, or broker transactions.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Do NOT rely on anything I have written here -- You should contact a lawyer in your area immediately after reading my posting.

The following disclosure is required pursuant to IRS Circular 230: unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Yes, you can file the tax returns in any order. The key is to get all of your back taxes filed. If you can file 2008 now, go ahead and file it.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.