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The tax underpayment penalty works within a certain legal structure, governed by the IRS under Section 6654 of the Internal Revenue Code. Your penalty is calculated based on how much you underpaid ...
Penalty for Failure to Timely File Return: If a taxpayer is required to file an income or excise tax return and fails to timely do so, a late filing penalty may be assessed. The penalty is 5% of the amount of unpaid tax per month (or partial month) the return is late, up to a maximum of 25%. [ 6 ]
In general, taxpayers may avoid the “Underpayment of Estimated Tax by Individuals Penalty” if they owe less than $1,000 when they file their return or if they paid either 90% of the tax shown ...
After 60 days, the IRS imposes a minimum penalty of $435 or 100% of the unpaid tax, whichever is less. Taxpayers owed a refund won’t be charged a fee for filing late.
For individuals, understating your tax liability by 10% of the tax required to be shown on your tax return or $5,000 — whichever is greater — is considered a substantial understatement.
The IRS publishes the number of civil and criminal penalties in the IRS Data Book (IRS Publication 55B) [46] and makes these available online. Table 17 shows tabulated data on civil penalties, and Table 18 shows data on criminal investigations. [47] In 2012, the IRS assessed civil penalties in 37,910,493 cases and 4,994,926 abatements. [47]