Common IRS Penalties
Common IRS Tax Penalties
The IRS assesses a number of penalties, with varying degrees of severity, depending on the type of violation.
Some of the more common types of penalties include:
1) Failure to file a timely return and late payment:
- The IRS charges a 5% combined penalty of:
- 4½% for filing late and
- 1/2% for paying late.
- 1/4% for months covered by an installment agreement.
- The maximum failure to file penalty 22½%
- The 4½% rate can be assessed each month, or part of a month, up to a maximum of 5 months (5 x 4½%=22½%).
- The maximum failure to pay penalty is 25%.
- The ½% rate can be assessed each month, or part of a month, up to a maximum of 50 months (50 x ½%=25%).
- When late filing and late payment run concurrently (at the same time), the IRS assesses the combined rate of 5%:
- 4½% for late filing plus ½% for late payment.
- The late filing penalty stops when it reaches 22½%.
- The late payment penalty stops when it reaches to 25%.
- If the return is more than 60 days late, the penalty will be either $100 or 100% of the tax due, whichever is smaller.
2) Underpayment of estimated taxes:
- Interest is charged on an underpayment (deficiency).
- The rate is determined quarterly and equals the federal short-term rate plus 3%.
3) Failure to supply a social security number where it is required:
- Penalty: $50 for each failure.
4) Fraud:
- Penalty: 75% applies to the portion of any tax underpayment due to fraud.
- Intent, which is a state of mind wherein the person knows and desires the consequences of his act, is distinguished from:
- Inadvertence
- Reliance on incorrect professional advice
- Honest difference of opinion
- Negligence or carelessness
5) Filing a frivolous return:
- Penalty: $500.
- This could be a situation where the return filed is an apparent attempt to interfere with the administration of the federal income tax laws.
- For example, purposely not including enough information to figure the correct tax.
- Penalty: A penalty up to $10,000 could assessed against a taxpayer who brings a frivolous court action.
6) Trust Fund Recovery Penalty:
- Penalty: 100% of the tax due.
- Trust fund taxes are employment taxes, including:
- Federal income taxes required to be withheld from an employee's pay, plus
- Social security and Medicare taxes required to be withheld from an employee's pay.
- Nonpayment of trust fund taxes to the U.S. Treasury may result in the Trust Fund Recovery Penalty.
7) Dishonored Check:
- Penalty: 2% of the check amount for checks of $750.
- Penalty: Check amount or $15, whichever is less ,for checks of less than $750.
8) Underpayment of taxes:
- Penalty: A 20% penalty may apply to the portion of an underpayment attributable to any of the following:
- Negligence or disregard of IRS rules and regulations.
- Negligence is failing to make a reasonable attempt to comply with the law.
- The penalty for disregarding IRS rules or regulations may be avoided if you have a reasonable basis for your position.
- You must disclose your position on Form 8275 or Form 8275-R in the case of a good faith position contrary to a regulation.