Guidelines

What qualifies as reasonable cause?

What qualifies as reasonable cause?

Reasonable Cause is based on all the facts and circumstances in your situation. We will consider any reason which establishes that you used all ordinary business care and prudence to meet your Federal tax obligations but were nevertheless unable to do so.

How do I get out of substantial tax understatement penalty?

To avoid the substantial understatement penalty by adequate disclosure, you must properly disclose the position on the tax return and there must at least be a reasonable basis for the position. To properly disclose the position, complete and attach IRS Form 8275 to your tax return and disclose all relevant facts.

How do I get out of accuracy related penalty?

You can avoid a penalty by filing your tax return accurately and on time and paying your tax by the due date. If you can’t pay your tax by the due date, you can apply for a payment plan.

What does the IRS consider a substantial error?

In most cases, the IRS has three years after you file your taxes to audit you. The three years is doubled to six if you omitted more than 25% of your income. That is called a substantial understatement of income. The IRS has no time limit if you never file a return.

How do I get a first time penalty abatement?

After the IRS has assessed a penalty, the taxpayer can request penalty abatement, typically by writing a penalty abatement letter or by calling the IRS. Tax professionals can also request abatement using IRS e-services.

What happens if you forget to declare income?

If the IRS does not discover the withheld income and declares that the tax returns have been filed correctly, the person will not be required to pay any additional money. However, if the income is discovered, the person will likely be forced to pay the correct amount of taxes owed, as well as a penalty.

Can you go to jail for not filing your tax return?

Tax Evasion: Any action taken to evade the assessment of a tax, such as filing a fraudulent return, can land you in prison for five years. Failure to File a Return: Failing to file a return can land you in jail for one year, for each year you didn’t file.

What is the failure to pay penalty?

Failure-to-pay penalty is charged for failing to pay your tax by the due date. The late payment penalty is 0.5% of the tax owed after the due date, for each month or part of a month the tax remains unpaid, up to 25%. You won’t have to pay the penalty if you can show reasonable cause for the failure to pay on time.

Can you fight a tax penalty?

You can dispute penalties and interest assessed through a Penalty Abatement request based on reasonable cause. In short, you will be asked to tell the IRS your story, including the circumstances leading up to and during the tax debt accrual, and request a reduction or removal of penalties.

Does IRS check every return?

The IRS does check each and every tax return that is filed. If there are any discrepancies, you will be notified through the mail.

Is there a reasonable cause and good faith exception under IRC 6664?

IRC 6664(c)(1) generally provides that the reasonable cause and good faith exception applies to certain accuracy -related penalties under IRC 6662 and to the IRC 6663 fraud penalty; however, reasonable cause and good faith does not apply to any portion of an underpayment

Can you write a reasonable cause letter to the IRS?

You can technically either call the IRS to claim for reasonable cause. But I recommend writing an IRS penalty abatement reasonable cause letter, as it provides a record of your proposition and ensures that you craft your argument exactly how you want.

Can a penalty be imposed under IRC § 6662?

Internal Revenue Code (IRC) § 6662(b)(1) and (2) authorizes the IRS to impose a penalty if a taxpayer’s negligence or disregard of rules or regulations causes an underpayment of tax required to be shown on a return, or if an underpayment exceeds a computational threshold called a substantial understatement, respectively .

Are there exceptions to sec.6664 ( c ) ( 1 )?

Notwithstanding the breadth of situations where the penalty may apply, Sec. 6664 (c) (1) provides an exception: