Penalties and Interest Levied Against Late Filing and Payments

Filed and Did Not Pay On Time

IRS FAQ - Penalties and Interest
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 Penalties and Interest For Filing and/or Paying Late
What kind of penalties and interest will I be charged for paying and filing my income taxes late?

Interest
Interest, compounded daily, is charged on any unpaid tax from the due date of the return until the date of payment. The interest rate is the federal short-term rate plus 3%. That rate is determined every three months.

Late Payment Penalty
In addition, if you filed on time but didn't pay on time, you'll generally have to pay a late payment penalty of 1/2 of 1% of the tax owed for each month, or part of a month, that the tax remains unpaid after the due date, not exceeding 25%. However, you will not have to pay the penalty if you can show reasonable cause for the failure. The one-half of one percent rate increases to one percent if the tax remains unpaid after several bills have been sent to you and the IRS issues a notice of intent to levy.

Beginning January 1, 2000, if you filed a timely income tax return and are paying your tax pursuant to an installment agreement, the penalty is 1/4 of 1% for each month, or part of a month, that the installment agreement is in effect.

Late Filing
If you did not file on time (including extensions) and owe tax, you may owe an additional penalty for failure to file unless you can show reasonable cause. The combined penalty is 5% (4.5% late filing, 0.5% late payment) for each month, or part of a month, that your income tax return was late, up to 25%. The late filing penalty applies to the net amount due, which is the tax shown on your income tax return and any additional tax found to be due, as reduced by any credits for withholding and estimated tax and any timely payments made with the income tax return. The penalty is 15% per month, up to a maximum 75%, if the failure to file is fraudulent. Also, if your income tax return was over 60 days late, the minimum failure-to-file penalty is the smaller of $100 or 100% of the tax required to be shown on the income tax return.

Frivolous Returns
In addition to any other penalties, the law imposes a $500 penalty for filing a frivolous return. A frivolous return is one that does not contain the information needed to figure the correct tax or shows a substantially incorrect tax because you take a frivolous position or desire to delay or interfere with tax laws. This includes altering or striking out the preprinted language above the space where you sign.

Other Penalties
Other penalties may be imposed for negligence, substantial understatement of tax, reportable transaction understatements, and fraud. Criminal penalties may be imposed for willful failure to file, tax evasion, or making a false statement.

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