The IRS just made a huge statement by cracking down on the well known actor Wesley Snipes. Mr. Snipes was accused of felony charges of tax fraud and conspiracy as well as three misdemeanor accounts of failing to file tax returns. The actor was acquitted of the federal tax fraud and conspiracy charges; however he was found guilty of the three misdemeanor accounts and sentenced to the maximum prison sentence of three years. This sentence sends huge warning to the millions of taxpayers who fail to file their tax returns each year. The IRS and the Federal courts are now willing to penalize those who fail to follow their rules.
There are many penalties that the IRS can charge a taxpayer with. A few of the most common penalties include estimated tax penalty, failure to file penalty, failure to pay penalty, and accuracy-related penalties. Along with penalties, interest is also charged because of the time value of money. The estimated tax penalty is one that is charged when a taxpayer fails to pay the IRS the estimated tax that is calculated as income is earned during the year. Most people select the option to take withholding to ensure that their estimated tax is paid throughout the year. Others, for example those who are self-employed, make estimated tax payments throughout the year, usually quarterly, to the IRS. As long as the taxpayer has paid the same amount of taxes from the prior year or they have paid 90% of the current year's tax, whichever is smaller, they will not be penalized.
The failure to pay penalty is for those who do not pay the tax liability by the April 15th deadline. This penalty equals one half a percent of the amount of tax owed each month until the tax is paid. This late payment penalty is applied to those who filed on time but did not pay on time. For taxpayers who do not file and owe taxes the interest rate used is the federal short term interest rate plus three percent. The rate is recalculated every three months as the federal interest rate changes.
The penalty for not filing a return with an amount due is 4.5% for each month that the balance is not paid. The maximum penalty rate charged is 25%. If the return has a refund there is no penalty charged since penalties are calculated on amounts due. It is more costly to not file a return with a tax liability than to file a return with a tax liability and not pay. In other words, you should always file your tax return on time regardless of if you owe money or not.
Accuracy related penalties are charged in regards to substantial understatement of income tax, negligence or disregard of rules and regulations, substantial overstatement of pension liabilities, substantial estate or gift tax understatement, or any substantial valuation misstatement. The penalty charged is 20% of any portion of tax underpayment.
If there is a dispute of the penalties charged you may write a letter or use form 843 to attempt to have the penalties abated, however interest is never forgiven. The only case where interest, penalties, and taxes may be overlooked is through an Offer in Compromise (also known as pennies on the dollar).
Copyright (c) 2008 Jay Allen Finn
Irs Penalties And Interest
Taxation is a very important aspect of the functioning of civilized society. In that sense, the IRS performs a very significant duty. However, not every taxpayer is perfect in paying their taxes. There are several faults that occur - accidentally, intentionally or out of ignorance - when people file their returns. When this happens, the IRS has no other option but to impose penalties on errant taxpayers. It is important for taxpayers to know about these IRS penalties, because some of them can be quite stiff and really burn a big hole in their pockets.
Here are some of the most popular reasons why taxpayers end up paying penalties to the IRS.
-Late Filing of Returns - Most taxpayers have to pay fines for filing in their returns late. There is always a fixed date for filing of returns, and it is mandatory to file within that date. Even a delay of one day after that would attract the IRS penalty for late filing. Depending on how late your filing has been done, you might end up paying 5 to 25% of the total amount as a penalty for interest.
-Late Tax Payment - Some taxpayers defer on paying the taxes even after they have filed their returns. Paying the dues late also attracts penalties. The penalties here are not that high - you will have to pay 0.5 to 1% of the total tax amount as interest. But it is a penalty that can be easily avoided by making payments on time.
-Underpaying - IRS has laid down specific rules to show incomes and to calculate taxes on that. If you do not adhere to those guidelines and pay lower than the total amount due to you, then there will be penalties to pay if the underpayment is discovered. IRS has good enough means to find out underpaying, and in its viewpoint, this is an inexcusable offence. Penalties are quite high. You might end up paying 20% interest.
-Over-evaluating Taxes - Even over-evaluating the taxable amounts can attract a heavy penalty. You might have to pay as much as 20 to 40% percent in interest depending on the amount you have over-evaluated. That is why it is necessary to show the right amount of earnings within the accounting year.
-Hiding Property and Gift Taxes - IRS has its own means of finding out about the amounts of gifts you have been given in the whole year, and the gifts you have given to other people too. If you have received a gift (especially monetary gifts), then you have to show that when filing returns and pay the due taxes on it. Similarly, you have to pay due taxes on whatever properties you might have. Hiding these amounts could mean penalties of about 20 to 40%.
-Fraud and Deception - Fraud is an unpardonable excuse in the eyes of the IRS. Any kind of deception in filing returns, if exposed, can lead to a penalty of as much as 75%. Of course, cases of fraud can be argued against, but in this respect, the resources of the IRS are much too firmly in place.
These are some of the main IRS penalties that are levied most commonly. If you observe, you will understand that most of them are due to faults in filing returns and in making the actual payments of taxes. That is why, it is better to take the help of a qualified accountant to file your returns rather than handling the process yourself. This will also take some burden off your shoulders.
Both Jay Allen Finn & Kip Goldhammer are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Jay Allen Finn has sinced written about articles on various topics from IRS Tax, tax and Finances. I am a specialist who works with those who have their wages garnished or bank account levied by the IRS. I also help people get current on filing their tax returns. Please visit my website. Jay Allen Finn's top article generates over 1600 views. to your Favourites.
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