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Tax Penalties

Overview

  • Late filing: 4-1/2 % per month; 22-1/2% max
  • Late paying: 1/2% per month; 25% max. (combined with late filing 1st 5 mo.)
  • Late filing minimum: smaller of $450 for returns required to be filed in 2023
  • Failure to report tips: 50% of the SS tax on tips
  • Dishonored payment:
    • Less than $1,250 – lesser of $25 or the amount of the check
    • $1,250 or more – 2% of the check amount
  • Excessive Claim Penalty: 20% of the excessive amount
  • Fraud: 75% of the unpaid tax due to fraud
  • Negligence (accuracy related): 20% of the underpayment, 40% if attributable to undisclosed foreign financial asset
  • Paying late:
    • Each month – ½%
    • After notice to levy – 1% per month
    • Maximum 25%
    • If paying in installments – ¼% per month
  • Missing ID Number: $60 each due in 2024.
  • Late filing because of fraud: 15% per month
    • Maximum 75%
  • Failure to report foreign gifts: 25% 
  • Failure to report ownership of or transactions with foreign trusts: Greater of $10,000 or 35% 
  • Failure to report foreign assets (Form 8938): $10,000 for 1st 90 days and $10,000 for each subsequent 30 days 
  • Failure to report Foreign Accounts (FBAR): $10,000 (non-willful), $100,000 or 50% of account balance if willful – amounts are subject to inflation-adjustment 

Related IRS Publications and Forms

  • Form 1040 Instructions
  • Pub 17 - Your Federal Income Tax
  • Form 4868 Instructions – Application for Auto Extension
  • Notice 746–Info About Your Notice, Penalty and Interest

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