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Are IRS Penalties Tax Deductible? The Answer May Surprise You

The Internal Revenue Service (IRS) building stands on April 15, 2019 in Washington, DC.

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The U.S. tax code does not allow taxpayers to deduct penalties assessed by the Internal Revenue Service (IRS). IRS penalties are typically assessed for violations of tax laws, such as misreporting income or claiming false 澳洲幸运5官方开奖结果体彩网:deductions or tax credits. The IRS typically assesses penalties along with interest on th☂e balance owed by a taxpayer, and this interest is not tax-deductible.

Key Takeaways

  • Taxpayers cannot deduct IRS penalties on their tax return.
  • Penalties are commonly assessed for a 澳洲幸运5官方开奖结果体彩网:failure to file or pay and for dishonored checks.
  • Penalties vary according to the type of violation and may accrue until the account is fully paid or until the taxpayer enters into an approved payment plan.
  • Extensions filed via Form 4868 extend the tax filing deadline, but do not extend the deadline to pay income taxes.

Understanding IRS Penalties

Fines and penalties a person owes to the government for violating local, state, and federal laws are never deductible. The IRS typically sends a notice to a person after a tax audit and assesses both penalties and🔜 interest on any unpaid amounts.

Although taxpayers are not allowed to deduct penalties, they may qualify for relief for extenuating circumstances. If approved by the IRS, all or a portion of the penalty may be relieved. However, interest still accrues until the amoun🃏ts owed are fully paid.

Failure-to-pay penalties are assessed on the tax owed after the due date, for each month or partial month, until the taxpayer's account is resolved. The IRS allows installment agreements to pay off the outstanding balance and to stop the assessment of failure-to-pay penalties.

Most often, penalties are assessed for dishonored checks, or for failing to file your tax return by the required due date, failing to pay the full amount of taxes🌼 owed by the due date, or failing to pay the proper amount of estimated taxes. Penalties vary according to the type of violation.

For example, a penalty of 5% of the tax required is assessed when the taxpayer fails to file on time, and it is charged each month that the return is late, up to five months. The IRS assesses a 0.5% penalty on taxes not paid by the tax filing due date, which is generally April 15. The IRS website notes: "If both a failure-to-file and a failure-to-pay penalty are applicable in the same month, the combined penalty is 5% (4.5% late filing and 0.5% late payment) for each month or part of a month that your return was late, up to 25%."

Taxpayers have the option to extend their tax filing deadline by filing an extension using Form 4868. However, an extension on filing your return does not extend the deadline for your tax payments.

Important

Any individual taxpayer can request an automatic six-month e꧅xtension on your tax deadline, until Oct. 15. Interest will continue to accumulate, but you will not꧙ owe penalties.

Legal Fees Deductibility

According to IRS Publication 529, legal expenses incurred in attempting to produce or collect taxable income or paid in connec❀tion with the determination, collection, or refund of any tax are no l🐼onger deductible.

You can deduct expensesܫ of resolving tax issues relating to profit or loss from your business (Schedule C), rentals or royalties (Schedule E), or farm income and expenses (Schedule F) on the appropriate schedule.

However, expenses for resolving nonbusiness tax issues are miscellaneous itemized deductions and are no longer deductible.

Other Penalties Related to Business Activities

While IRS penalties cannot be deducted, other penalties related to business activities can be deducted by companies on a tax return. For instance, penalties paid by a manufacturing company due to nonperformance on a construction contract are typically deductible as a business expense.

How Do You File an Extension on Taxes?

There are three ways an individual taxpayer can qualify for an extension on their tax return due date. You can use IRS Free File online to electronically request an extension until Oct. 15, or submit Form 4868 in the mail. You should still pay the estimated amount due on the original due date to avoid penalties. Also, Americans who live overseas can qualify for an automatic two-month extension after their normal due date.

What Do You Do If You Get Audited by the IRS?

An IRS audit can be stressful, but it not necessarily an accusation of illegal wrongdoing. In most audits, the IRS requests additional documentation to confirm the deductions and ex♏pensꦅes in your return. If that happens, be sure to respond by the deadline or request additional time, if needed. If an in-person audit is requested, you have the right to be accompanied by a tax attorney or professional.

How Much Does It Cost If You Don't Pay Your Taxes?

The IRS has two types of penalties for unpaid taxes: one for failure to file, and another for failure to pay. If you are required to file a return and do not file, you must pay a penalty of five percent of the amount due each month, up to a maximum of 25%. If you do file, but fail to pay, the penalty is 0.5% of the amount due for each month, up to 25%. However, in certain circumstances, you may qualify for taxpayer relief.

The Bottom Line

The Internal Revenue Service may impose penalties for unpaid taxes, and these penalties grow with interest. Moreover, you can't deduct those payments from future taxes. For that reason, it's important to pay your taxes or request an extension to avoid penalties.

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