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Understanding the Types of Fine Assessed by the IRS

Shawn Bradley May 29, 2024 5 min read
1969
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Navigating the complex landscape of tax regulations is no small feat. This is even more evident if you’re a small business owner juggling multiple aspects of your operations.

One of the most daunting components of this landscape is the array of fines and penalties that the IRS (Internal Revenue Service) may impose for various infractions. So, to help you avoid these financial pitfalls, we’ve compiled a list that can tell you what a fine assessed by the IRS is. Let’s dive in!

Failure to File Penalty

The Failure to File a Penalty is among the easiest-to-understand fines. If, after all extensions, you fail to file your tax return by the deadline, this will be levied.

The Penalty for unfiled tax returns is typically 5% of the unpaid taxes for each month or portion of a month that your return is late, in addition to filling out forms 1099 late filing penalty and other comparable paperwork. It might only pay up to 25% of your unpaid taxes. If a return is filed after sixty days, there is a minimum penalty of $435, or 100% of the tax payable, whichever is less.

So make sure you file your returns on time, even if you can’t pay all your taxes immediately. This can save you from these substantial penalties.

Failure to Pay Penalty

Another frequent penalty is the failure to Pay Penalty. This is imposed if you fail to pay the entire amount of taxes due by the deadline, including any extensions.

The Penalty for failure to pay is 0.5% of your unpaid taxes for each month or part of a month that it remains unpaid, up to a maximum of 25%. However, this can be reduced to 0.25% if you enter into an installment agreement with the IRS. It’s important to note that this Penalty is in addition to the interest charges on unpaid taxes.

Accuracy-Related Penalty

You will be assessed the Accuracy-Related Penalty if you make significant mistakes or omits on your tax return and underpay taxes.

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The penalty rate for this is 20% of the understatement of tax. However, it can be increased to 40% if the error was deemed due to negligence or disregarding tax rules. To avoid this Penalty, double-check your tax return for any mistakes.

Failure to Deposit Penalty

If you are required to make federal tax deposits and fail to do so, you may be subject to the Failure to Deposit Penalty. This is typically assessed for business owners with employees who need to withhold employment taxes from their paychecks.

The penalty rate varies depending on the type of tax being deposited. However, it can go up to 15% of the unpaid amount.

If you can’t make timely deposits, you can opt for pay plans or installment agreements with the IRS. Just make sure to communicate with them and keep track of your payments to avoid this Penalty.

Trust Fund Recovery Penalty

The Trust Fund Recovery Penalty is a penalty imposed on business owners who fail to pay their employees’ payroll taxes, which are withheld from their wages. The IRS views this as using funds that belong to the government for business operations.

This Penalty is equal to 100% of the unpaid trust fund taxes, including income tax withholding and FICA (Social Security and Medicare) taxes.

It’s crucial to make payroll tax deposits promptly and ensure the correct amount is withheld from employees’ wages. Failure to do so can result in severe penalties for both the business owner and the responsible individuals within the company.

Information Return Penalty

Suppose you must file information returns, such as 1099 forms for independent contractors, and fail to do so accurately and on time. In that case, you may be subject to the Information Return Penalty.

This Penalty can vary from $50 per return for small businesses (gross receipts under $5 million) up to $550 per return for larger firms. So make sure to keep accurate records and file these forms on time to avoid this Penalty.

Penalty for Underpayment of Estimated Tax

As a small business owner, you are responsible for paying your taxes throughout the year through estimated tax payments. If you fail to make these payments or underpay, you may be subject to penalties.

The penalty rate for underpayment of estimated tax is determined by the IRS and can vary each year. It’s best to consult with a tax professional or use the IRS’s online Estimated Tax Penalty Calculator. They will help ensure you are making the correct payments.

Penalty for Late Filing of S Corporation and Partnership Returns

You must file your tax return on time if you are the owner of a S Corporation or partnership. If not, the IRS might impose penalties.

The Penalty for late filing of these returns is $195 per month or part of the month multiplied by the number of shareholders or partners. The maximum amount can go up to $3,900 per partner/shareholder. So make sure to file these returns on time to avoid these penalties.

A waiver letter is not gonna be helpful when these penalties are assessed. So make sure to keep up with your tax obligations and file on time to avoid these hefty fines.

Foreign Information Return Penalty

If you have foreign assets or financial accounts, you may be required to file certain informational returns such as the FBAR (Foreign Bank Account Report) and FATCA (Foreign Account Tax Compliance Act).

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The penalties for failure to file these forms are severe, starting at $10,000 per form.

Penalty Abatement Options

Although these penalties may seem daunting, there are options to reduce or eliminate them. The IRS has penalty abatement programs for certain situations, such as natural disasters or medical emergencies.

You can also request a tax abatement if you have a clean history of filing and paying your taxes on time. You may even qualify for reasonable cause relief if you can prove that the failure to comply was due to circumstances beyond your control.

A Fine Assessed Is a Lesson Learned

Navigating the complex world of tax penalties can be intimidating. But by understanding and complying with tax regulations, you can avoid these fines and stay on the right side of the IRS.

Ensure that you keep accurate records, communicate with the IRS if you need assistance or payment plans, and seek professional advice when necessary. Remember, a fine assessed is a lesson learned. So make sure to learn from these penalties and avoid them in the future

Did you find this article helpful? If so, check out the rest of our site for more.

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